Terms of Service

Last Updated: May 3, 2025

Introduction

Welcome to growthzacks. These Terms of Service (“Terms“) govern your access to and use of the website located at growthzacks.com (including any subdomains such as tools.growthzacks.com) and all associated content, courses, tools, and services provided by growthzacks consulting LLC (“Company“, “we“, or “us“). By accessing or using our Site and Services, you (“you” or the “User“) agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not use our Site or Services.

Our Services include free online courses, marketing insights, interactive tools, and other resources designed to help e-commerce businesses and marketers. We reserve the right to update or modify these Terms at any time. If we make material changes, we will provide notice (for example, by updating the date above and posting a notice on our Site or notifying registered users via email). By continuing to use the Site after any changes become effective, you agree to the revised Terms.

User Accounts and Registration

Eligibility: You must be at least 13 years old to use our Site. Our content and Services are intended primarily for adults and business entities. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may use the Site only with the supervision and consent of a parent or guardian. By using the Site, you represent that you meet this age requirement.
Account Creation: To access certain features of the Site (such as enrolling in courses or using specific tools), you may need to create an account. You agree to provide truthful, accurate, current, and complete information about yourself during registration (e.g., your name, a valid email address, etc.). You must not impersonate anyone or use false details.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password) and for restricting access to your account. You agree to notify us immediately at zack.miller@growthzacks.com if you suspect any unauthorized use of your account or any security breach. You are responsible for all activities that occur under your account, whether or not you know about them.
One Account Per User: You should create only one account for yourself. Please do not create multiple accounts or share your account with others. You agree not to transfer or sell access to your account or any content obtained from the Site to any other person.
Account Termination: We reserve the right to suspend or terminate your account (or access to any part of our Services) at our discretion, for example, if you violate these Terms or we suspect fraudulent or abusive activity. (See Termination below for more details.)

Permitted Use of Our Site and Services

We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use our Site and Services for your own personal or internal business use, in accordance with these Terms.

By using growthzacks.com or any of our tools or course materials, you agree to the following:

Lawful Purposes: You will use the Site and Services only for lawful purposes. You will comply with all applicable laws and regulations in your use of the Site.
Non-Commercial Use: You may use our free resources (such as blog articles, insights, and tools) for your own learning, research, and business planning. However, you may not exploit any part of our content or Services for commercial gain outside of what is permitted. For example, you should not resell our course materials, scrape our tools to create a competing product, or charge others for access to our content without our permission.
No Personal Advice: The information provided on our Site (including course content, blog posts, and tool outputs) is for general informational and educational purposes. While we share strategies on marketing and business growth, this does not constitute professional advice tailored to your specific situation. You are responsible for any actions you take based on the information from our Site. (Please also see Disclaimers below.)
Respect for Others: If the Site enables any community interaction (such as comments on a blog post or discussion forums in courses), you agree to engage respectfully. Do not harass, bully, or spam other users. Treat others with courtesy and professionalism as you would in a real-life business setting.

Prohibited Activities

You agree not to engage in any of the following activities on or in relation to our Site and Services:

Violating Laws or Rights: Do not use the Site to violate any law or regulation, or to infringe upon the rights of any person or entity (including intellectual property, privacy, or publicity rights).
Unauthorized Access: Do not attempt to gain unauthorized access to any portion or feature of the Site, to any other user’s account, or to any of the systems or networks connected to the Site (e.g., by hacking, password “mining,” or any other illegitimate means).
Interference: Do not interfere with or disrupt the operation of the Site or the servers/networks used to make the Site available. This includes spreading any harmful code (viruses, worms, malware) or imposing an unreasonable or disproportionately large load on our infrastructure (e.g., a denial-of-service attack).
Data Scraping: Do not use any robot, spider, site search/retrieval application, or other automated device or process to access, scrape, or index any portion of our Site or its content without our express permission.
Misrepresentation and Impersonation: Do not impersonate any person or entity or falsely state or misrepresent yourself or your affiliation with any person or entity. (This includes misrepresenting that you are an agent or representative of growthzacks consulting LLC or any of our partners.)
Reverse Engineering: Do not attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or in any way making up a part of our Site or the tools on our Site, except to the extent the law expressly permits.
Abusive Content: Do not post or transmit any content on the Site that is unlawful, harmful, defamatory, obscene, harassing, or otherwise objectionable. This includes any content that could be considered spam, junk mail, or phishing material.
Unauthorized Advertising: Do not use the Site to advertise or promote products or services other than those offered by Company, especially in any interactive areas (for example, don’t post commercial advertisements in comments or forums, if applicable).

We reserve the right to investigate and take appropriate legal action against anyone who, in our judgment, violates these rules, including terminating accounts, removing content, or reporting you to law enforcement authorities.

Intellectual Property Rights

All content and materials available on the Site and through our Services – including but not limited to text, graphics, logos, videos, course materials, blog posts, tools and software (including the code that operates our calculators and other interactive features), design elements, and trademarks – are the property of growthzacks consulting LLC or our content suppliers and are protected by intellectual property laws (such as copyright and trademark laws).

Limited Use of Content: You may access and view the content on the Site for your personal or internal business use. You may also download or print a reasonable portion of content (such as a blog article or a course handout) for your reference, provided you do not remove or alter any copyright, attribution, or other notices. Any such copies must retain our proprietary notices.
Restrictions: You may not copy, reproduce, distribute, publicly display, or create derivative works of any content from our Site without our prior written permission, unless such use is otherwise expressly permitted by law (such as fair use) or by an agreement with us. This means you cannot, for example, republish our blog posts on your own site, or include our course videos in your own product, without permission.
Trademarks: The names, logos, and slogans of growthzacks (including “growthzacks”) are trademarks/service marks owned by growthzacks consulting LLC. You must not use any of these identifiers without our prior written consent. All other names and logos on the Site (such as those of third-party tools or partners) are the property of their respective owners and are used on the Site for identification purposes only.
User Feedback: If you choose to submit feedback, ideas, or suggestions about our Site or Services (for example, suggestions to improve a tool or add a new course topic), you agree that we can use and share such feedback for any purpose without compensating you. We appreciate feedback, but please understand we may already be working on similar ideas or we may use your feedback to improve our offerings without obligation.

Third-Party Links and Integrations

Our Site may contain links to third-party websites or services that are not owned or controlled by us. For example, our blog posts might reference external resources, or we may link to social media platforms (LinkedIn, Instagram, Twitter) for additional content. Additionally, some tools on our Site integrate with third-party services (like Facebook for the Rolling Reach Report).

External Websites: We are not responsible for the content, policies, or practices of any third-party websites that you access through links on our Site. When you click a link to an external site, you are leaving our Site and your use of the external site will be governed by that third party’s terms and privacy policy. We recommend you review the terms and policies of any third-party site you visit.
Third-Party Integrations: If you use a feature that connects to a third-party service (such as logging in to Facebook to use our advertising analysis tool, or potentially connecting a Google Ads or Klaviyo account in the future), you understand that:
- You are responsible for complying with the third party’s terms of service when using their service through our Site. For example, using the Facebook integration must also comply with Facebook’s terms and policies.
- We provide these integrations for your convenience and make no guarantees about their continued availability or functionality. The third party (e.g., Facebook) may change or restrict how third-party apps like ours can access their data, and this could affect the tool’s performance.
- Any data retrieved from your third-party accounts via our tools is subject to our Privacy Policy in terms of how we handle it (generally, used short-term for your requested purpose and not stored long-term). We are not liable for any issues that arise from the third-party service itself (such as inaccuracies in the data provided by Facebook’s API, or any consequences of using that data).
No Endorsement: Links or integrations to third parties do not imply endorsement or recommendation of those third-party services by growthzacks. You use them at your own risk.

Disclaimers

Use at Your Own Risk: The information, content, and tools provided on our Site are for general informational purposes and are provided on an “as is” and “as available” basis. While we strive to provide accurate and up-to-date content, we do not guarantee the accuracy, completeness, or usefulness of any information on the Site. Use of our Services (including decisions or actions you take based on information you obtain on the Site) is at your own risk.

No Warranty: To the fullest extent permitted by law, growthzacks consulting LLC disclaims all warranties, express or implied, in connection with the Site and Services. This includes, but is not limited to:

Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Any warranties that the Site or Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Any warranties regarding the results that may be obtained from the use of the Site or the accuracy or reliability of any content or tool output.

For example, we do not warrant that using our marketing calculators or analysis tools will guarantee any particular outcome for your business. Any examples of results or case studies on our Site are illustrative and not a promise of actual performance.

Educational Content: Any courses, tutorials, or insights provided are for educational purposes. They reflect our experience and opinions in the field of e-commerce marketing, but they may not be appropriate or successful in every situation. We are not responsible for how you implement any strategies discussed, and we strongly encourage you to consider your own business’s circumstances or seek professional advice where appropriate.

Third-Party Services: We make no warranties or representations about any third-party services or content (including websites or data from third-party integrations). We have no control over and assume no responsibility for services provided by others. You should use third-party services (like social networks or ad platforms) in accordance with their terms, and at your own risk.

Limitation of Liability

To the fullest extent permitted by applicable law, growthzacks consulting LLC and its owners, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) our Site or Services. This includes, without limitation, any damages for lost profits, lost data, loss of goodwill, business interruption, accuracy of results, or computer damage, even if we have been advised of the possibility of such damages.

In particular, we shall not be liable for any harm resulting from:

Errors or omissions in our content;
The use of or reliance on any information or results obtained through our analytical tools or courses;
Any unauthorized access to or use of our servers and/or any personal information stored therein;
Any interruption or cessation of transmission to or from our Site;
Any bugs, viruses, or the like that may be transmitted to or through our Site by any third party.

If, notwithstanding the above, we are found liable to you for any damage or loss arising out of or connected with your use of the Site or Services, our total cumulative liability shall in no event exceed the greater of: (a) the total amount (if any) you paid to us for Services in the previous twelve months; or (b) one hundred U.S. dollars (US $100). Because some jurisdictions do not allow the exclusion or limitation of certain damages, in such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify and hold harmless growthzacks consulting LLC and its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

Your use or misuse of the Site or Services;
Your violation of these Terms or any applicable law or regulation;
Your infringement of any intellectual property or other rights of any third party;
Any content you submit or actions you take through the Site (for example, if you were able to post comments or other content, or if you misuse a third-party integration in a way that causes liability).

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense of such claim). This indemnity obligation will survive any termination of your account or use of the Services.

Termination

By You: You may stop using our Site and Services at any time. If you have an account and wish to delete it, you can contact us at zack.miller@growthzacks.com and we will assist you in deleting your account (subject to our legal obligations to retain certain information as described in our Privacy Policy).

By Us: We may terminate or suspend your access to the Site or your account, with or without notice, for any reason, including if we believe you have violated these Terms, if we cease to operate the Site, or for any other reason at our sole discretion. We also reserve the right to remove or disable access to any content or resource (including any course or tool) at any time without notice.

Effect of Termination: Upon termination for any reason, all rights granted to you under these Terms will cease. You must stop all use of the Site and Services, and if you have downloaded any materials (like course PDFs), you should destroy any copies in your possession (except for content that was publicly available without an account). Any provisions of these Terms that by their nature should survive termination (such as intellectual property rights, disclaimers, limitation of liability, and indemnification) will survive.

Governing Law and Disputes

These Terms and any disputes arising out of or related to your use of the Site or Services are governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict of law principles. By using the Site, you consent to the jurisdiction of the state and federal courts located in New Jersey for any dispute arising under these Terms or your use of the Services.

If you access the Site from outside the United States, you are responsible for ensuring compliance with any local laws. We make no representation that the content or Services on our Site are appropriate or available for use in other locations.

Changes to These Terms

We may revise or update these Terms from time to time at our sole discretion. When we do, we will update the “Last Updated” date at the top of this page. If changes are significant, we may also provide additional notice (such as by email to registered users or a pop-up notice on the Site). It is your responsibility to review these Terms periodically for any updates. By continuing to use the Site after any revised Terms become effective, you accept and agree to the changes.

Miscellaneous

Entire Agreement: These Terms (along with our Privacy Policy) constitute the entire agreement between you and growthzacks consulting LLC regarding your use of the Site and Services. They supersede any prior agreements or communications (whether oral or written) between you and us relating to the subject matter.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of growthzacks consulting LLC.

Contact Information

If you have any questions about these Terms or need to contact us for any reason, please reach out to:

growthzacks consulting LLC (attn: Zack Miller)
PO Box 134
The UPS Store
1360 Clifton Ave
Clifton, NJ 07012
Email: zack.miller@growthzacks.com

Thank you for reading our Terms of Service. We appreciate you using growthzacks and hope our resources help you grow your business!