MoreJobCalls ← Back to home

· Legal

Terms of Service

Updated: April 30, 2026

SeasonProof Growth LLC and/or its affiliates ("SeasonProof Growth," "we," "our," "us") provide website features and services to you when you visit or use www.seasonproofgrowth.com, www.deckingleads.com, apply.deckingleads.com, or any of their subdomains, use SeasonProof Growth products or services, use SeasonProof Growth applications, or use software provided by SeasonProof Growth in connection with any of the foregoing (collectively, "SeasonProof Growth Services"). SeasonProof Growth provides these services subject to the following conditions.

Agreeing to These Terms & Conditions

We offer marketing and lead-acquisition services to home-service contractors (primarily deck builders and outdoor-living contractors). Individuals and businesses come to our websites to learn about, apply for, and engage our services. A majority of these Terms and Conditions will apply to all visitors and clients. In some cases, the responsibilities of prospective applicants and active clients vary. If these Terms and Conditions are inconsistent with the specific terms set forth in a signed Engagement Agreement between SeasonProof Growth and a client, those Engagement Agreement terms will control.

Important — please carefully read and understand these terms and conditions of use & sale (these "Terms") before accessing, using, subscribing, or placing an order over www.seasonproofgrowth.com, www.deckingleads.com, apply.deckingleads.com, or any of their subdomains, or other of our sites or online resources which link to these Terms.

These Terms contain disclaimers of warranties and limitations of liabilities including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action (see Sections 14, 15, 16, and 23). Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in Section 16. These Terms form an essential basis of our agreement.

General Use

The use of seasonproofgrowth.com, deckingleads.com, apply.deckingleads.com, or other sites or online resources to which these Terms are linked (each, a "Website"), owned and maintained by SeasonProof Growth ("SeasonProof Growth," "we," "our," "us"), is governed by these Terms, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

This is a binding agreement. These Terms together with our Privacy Statement form a legally binding agreement (the "Agreement") between you and your business ("you") and SeasonProof Growth. This Agreement governs your access to and use of the Website and the services provided by SeasonProof Growth, any order you place through the Website, by telephone, or other accepted method of purchase and, as applicable, your use or attempted use of the products or services offered on or available through the Website. Please print and retain a copy of the Agreement for your records.

SeasonProof Growth reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

Table of Contents

  1. Website Use
  2. Website User Conduct and Restrictions — License Terms
  3. 100-in-100 Guarantee
  4. Our Privacy Statement and Your Personal Information
  5. Information You Provide; Registration; Passwords
  6. Order Placement and Acceptance
  7. Refunds
  8. Subscription Terms and Automatic Payment
  9. Products, Services, and Prices Available on the Website
  10. Disclaimer — Your Individual Results Will Vary
  11. Your Responsibilities Running a Business
  12. Testimonials, Reviews, and Pictures/Videos
  13. Compliance with the Laws, Including Commitment Against Harassment and Interference with Others
  14. Disclaimers of Other Warranties
  15. Limitations of Liabilities
  16. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
  17. SeasonProof Growth's Additional Remedies
  18. Indemnification
  19. Notice and Takedown Procedures; Copyright Agents
  20. Third-Party Links
  21. Termination
  22. No Waiver
  23. Governing Law and Venue
  24. Force Majeure
  25. Assignment
  26. Electronic Signature
  27. Changes to the Agreement
  28. Your Additional Representations and Warranties
  29. Severability
  30. Entire Agreement
  31. Contacting Us

Section 1 — Website Use

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

Section 2 — Website User Conduct and Restrictions — License Terms

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The SeasonProof Growth and DeckingLeads trademarks and logos are proprietary marks of SeasonProof Growth, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by SeasonProof Growth.

Subject to your continued strict compliance with all Terms, SeasonProof Growth provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a subscription to SeasonProof Growth's services or online materials, SeasonProof Growth provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to use the software, systems, ad creatives, funnels, landing pages, and proprietary methodologies provided in connection with the services. You acknowledge and agree that: (1) the software and systems are copyrighted material under United States and international copyright laws that is exclusively owned by SeasonProof Growth; (2) you do not acquire any ownership rights in the software or systems; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software or systems; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software or systems without the express written permission of SeasonProof Growth; and (5) in the event of any permitted copying, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website, or any software provided by SeasonProof Growth, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to SeasonProof Growth. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

Section 3 — 100-in-100 Guarantee

We are committed to providing consistent, high-quality service to help you achieve your desired results. SeasonProof Growth guarantees that Client will receive 100 exclusive appointment opportunities within 100 days of campaign launch, subject to the terms and conditions of this Agreement.

3.1 Definitions

  1. "Exclusive Appointment Opportunity" means a qualified prospect who:
    • Expresses interest in Client's services through advertising campaigns managed by SeasonProof Growth;
    • Provides complete contact information (name, phone number, email, project details);
    • Is generated through Client's own advertising accounts (not shared lead services).
  2. "Campaign Launch Date" means the date when advertising campaigns are live and generating traffic, as confirmed by SeasonProof Growth.

3.2 Guarantee Remedies

If Client does not receive 100 exclusive appointment opportunities within 100 days of the Campaign Launch Date, and Client has fulfilled all obligations under this Agreement, SeasonProof Growth will provide the following remedies:

  1. Full Service Fee Refund: Complete refund of all service fees paid to SeasonProof Growth under this Agreement;
  2. Additional Compensation: Payment of $2,000 to Client as additional compensation;
  3. Continued Service: SeasonProof Growth will continue providing the Services at no additional cost until 100 exclusive appointment opportunities are delivered.

3.3 Client Requirements for Guarantee Validity

The guarantee is contingent upon Client's full compliance with the following requirements:

  1. Minimum Ad Spend: Client must maintain a minimum of $100 per day in advertising spend ($10,000 total over 100 days) paid directly by Client to advertising platforms;
  2. Timely Response: Client must respond to all leads within 24 hours of receipt and maintain professional standards in all prospect interactions;
  3. Account Cooperation: Client must provide and maintain access to all necessary advertising accounts, websites, and platforms required for service delivery;
  4. Meeting Attendance: Client must attend all scheduled onboarding, strategy, and review meetings with reasonable notice;
  5. Information Accuracy: Client must provide accurate business information, pricing, service descriptions, and targeting criteria;
  6. Campaign Integrity: Client must not make unauthorized changes to campaigns, landing pages, or lead generation systems managed by SeasonProof Growth;
  7. System Implementation Compliance: Client must allow SeasonProof Growth to utilize its proven collection of advertisements, funnels, landing pages, targeting strategies, and proprietary marketing systems as deemed necessary by SeasonProof Growth to achieve the guaranteed results. Client acknowledges that these systems have been tested and optimized for maximum performance;
  8. Minimum Audience Size Requirement: Client must agree to target a service area with a minimum advertising audience size of 500,000 people as determined by advertising platform audience estimation tools. If Client's preferred service area has fewer than 500,000 people, Client must expand their service area until the minimum audience size requirement is met.

3.4 Guarantee Void Conditions

The performance guarantee shall become null and void if Client:

  1. Fails to maintain the minimum $100/day advertising spend for more than 7 consecutive days during the guarantee period;
  2. Fails to attend scheduled strategy meetings or onboarding calls after proper 24-hour notice;
  3. Provides false, misleading, or inaccurate business information or representations;
  4. Makes unauthorized changes to advertising campaigns, landing pages, or lead generation systems managed by SeasonProof Growth;
  5. Fails to respond to qualified leads within 24 hours of receipt or fails to maintain professional standards with prospects;
  6. Loses business licenses, insurance, or permits required for legal operation;
  7. Interferes with or prevents SeasonProof Growth from performing the Services as outlined in this Agreement;
  8. Violates any advertising platform policies resulting in account suspension or restrictions;
  9. Has any payment fail to be collected due to insufficient funds, expired payment method, or other payment method failure, and fails to remedy such payment failure and bring their account current within 48 hours of written notice from SeasonProof Growth of such payment failure (where "written notice" includes email notification and "48 hours" means 48 business hours, excluding weekends and federal holidays);
  10. Requests cancellation or termination of this Agreement for any reason during the guarantee period;
  11. Fails to provide necessary materials, access, approvals, or cooperation required for campaign launch within 30 days of contract execution, resulting in inability to achieve Campaign Launch;
  12. Refuses to allow SeasonProof Growth to implement its proven marketing systems, advertisements, funnels, targeting strategies, or other proprietary methodologies that SeasonProof Growth deems necessary to achieve the guaranteed results;
  13. Refuses to expand their service area to meet the minimum advertising audience size requirement of 500,000 people as determined by advertising platform audience estimation tools;
  14. Materially breaches any other provision of this Agreement.

Section 4 — Our Privacy Statement and Your Personal Information

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. SeasonProof Growth reserves the right to modify its Privacy Statement in its reasonable discretion from time to time. Our Privacy Statement is incorporated into this Agreement by reference.

Section 5 — Information You Provide; Registration; Passwords

As a SeasonProof Growth user or client, you may be required to create an account or provide identifying information through application forms. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your SeasonProof Growth account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as a SeasonProof Growth subscriber/user, including technical information, pricing, business strategy, and data about other past or current SeasonProof Growth users or their customers.

Section 6 — Order Placement and Acceptance

If you order a service or product, payment must be received by us before your order is accepted, except as otherwise expressly agreed in a signed Engagement Agreement. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at spencer@seasonproofgrowth.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability and to the geographic-exclusivity rules of our offerings (e.g., one builder per market). We will notify you if any service is not available in your market, the expected availability date, and may offer you an alternative arrangement. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

Section 7 — Refunds

SeasonProof Growth has no general refund or exchange policy. Refund obligations exist only where (a) explicitly stated in a signed Engagement Agreement, or (b) triggered by the operation of the 100-in-100 Guarantee in Section 3 of these Terms.

Intangible online materials (training, recordings, documents, software access) are not refundable unless explicitly stated. As our deliverables are largely digital, they are deemed "used" after being emailed, downloaded, accessed, and/or opened.

If you are not happy with our services and your contract does not explicitly state a money-back refund, your only recourse is to unsubscribe from or terminate the services. If your contract explicitly states money-back terms, you can email spencer@seasonproofgrowth.com for next steps.

If you choose to stop using our services before the end of your billing cycle or contract term, you understand and accept that we will not be able to offer a refund, whether partially or in full, for the remaining part of your cycle or term, except as expressly required by Section 3 of these Terms or by your signed Engagement Agreement.

For the sake of emphasis, we do not provide refunds, credit, or prorated billing for any canceled subscription unless explicitly stated.

If you wish to cancel, please email spencer@seasonproofgrowth.com. You may be required to complete a cancellation survey form prior to having your subscription cancelled; failure to submit the survey in a timely manner may result in your being liable for the next billing cycle. Once your survey has been received our customer service can begin to process your cancellation request.

Section 8 — Subscription Terms and Automatic Payment

A SeasonProof Growth client is responsible for paying all sums due to SeasonProof Growth in connection with their engagement and any monthly or recurring subscription, in accordance with these Terms and the signed Engagement Agreement. The first fee payable in accordance with these Terms is due when the engagement is set up, and continued payment is a condition of access. Each billing period, your account will be charged the subscription fee plus applicable tax for the next period, together with any other fees and any accumulated charges for the past period (collectively "Fees").

Failure by the client to use any of the services available through SeasonProof Growth does not relieve the client of their payment obligations under these Terms. Clients can pay by credit card, debit card, ACH, or other accepted method. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services, together with details on when payment is due.

You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms or the Engagement Agreement) and therefore authorize the automatic payment collection terms applicable to that specific service.

If you wish to cancel your SeasonProof Growth subscription (including subscriptions for services) at any time, you must submit a cancellation request to us via email at spencer@seasonproofgrowth.com. For monthly subscriptions, we require at least ten (10) days' notice of cancellation by email before your next subscription payment, except where a different notice period is set in your signed Engagement Agreement.

SeasonProof Growth reserves the right to immediately terminate a client's account and/or service for any unpaid (in whole or in part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the client from any obligation to pay outstanding charges or expenses. In the event SeasonProof Growth starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 18 below. In addition to any Fees, SeasonProof Growth may also charge applicable value-added or other tax.

Section 9 — Products, Services, and Prices

Products, services, and prices are described on the Website and in proposals, scopes of work, and signed Engagement Agreements provided to clients. Prices and offerings are subject to change. SeasonProof Growth reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms or a signed Engagement Agreement, any price changes to your subscription or purchase of services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted or notified to you. By accessing, using, subscribing or placing an order over the Website, you authorize SeasonProof Growth to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of SeasonProof Growth services, and unless you terminate your subscription as provided herein, you agree that SeasonProof Growth may charge your payment method for the products and services you have selected, and you consent to any price changes for such services after email notice has been provided to you.

SeasonProof Growth takes reasonable steps to ensure that the prices set forth on the Website and in proposals are correct, and to accurately describe and display the services available. If the correct price of a service is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

When ordering services, please note that SeasonProof Growth does not warrant that service descriptions are accurate, complete, current, or error-free. All sales are deemed final except as provided otherwise in these Terms or in the Engagement Agreement. SeasonProof Growth's descriptions of, or references to, products or services not owned by SeasonProof Growth are not intended to imply endorsement of that product or service or constitute a warranty by SeasonProof Growth.

Section 10 — Disclaimer — Your Individual Results Will Vary

Every business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from client to client.

Your business' individual results will vary depending upon a variety of factors unique to your business, including but not limited to your market, your offer, your call-handling and closing skills, your operational capacity, your willingness to follow our system, the local competitive landscape, and the conditions of the broader economy.

Except as expressly stated in Section 3 of these Terms (the 100-in-100 Guarantee) or in a signed Engagement Agreement, SeasonProof Growth does not promise, guarantee, or warrant your business' success, income, or sales. You understand and acknowledge that the testimonials and case studies displayed on our Websites reflect the unique experiences of specific clients and are not representative of typical results.

Beyond the express terms of Section 3, we do not make earnings claims, efforts claims, return-on-investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a "business opportunity," "get rich quick" scheme, guaranteed system, franchise system, or a "business in a box." You should not engage our services if that is your expectation.

Instead, you should engage with the understanding that using the systems, training, and information provided will require time, effort, ad spend, and committed cooperation, and may be more applicable in some situations than others. We do not offer any tax, accounting, financial, or legal advice. You should consult your business' accountant, attorney, or financial advisor for advice on these topics.

Section 11 — Your Responsibilities in Running Your Business

You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use SeasonProof Growth's products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.

You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, contracting and licensing requirements, tax laws, and all additional laws applicable to your business.

You agree to notify SeasonProof Growth if any investigation or lawsuit is threatened or filed against you, whereupon SeasonProof Growth shall have the right to terminate this Agreement without liability. SeasonProof Growth shall have no liability for your violation of any laws.

You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. SeasonProof Growth shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.

You agree to indemnify SeasonProof Growth as set out below in the event that you and/or your business violates any law and a claim is threatened or asserted against SeasonProof Growth as a result.

Section 12 — Testimonials, Reviews, and Pictures/Videos

SeasonProof Growth is pleased to hear from clients and welcomes your comments regarding our services. SeasonProof Growth may use testimonials and/or reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to SeasonProof Growth services, in printed and online media, as SeasonProof Growth determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and clients submitting the testimonial, and do not necessarily reflect the experience that you may have using our services. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond SeasonProof Growth's control.

Testimonials, photographs, and other information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you grant SeasonProof Growth a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them.

Additionally, SeasonProof Growth reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. SeasonProof Growth shall be under no obligation to use any, or any part of, any testimonial or review submitted.

You may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. SeasonProof Growth reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SeasonProof Growth a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SeasonProof Growth and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SeasonProof Growth for all claims resulting from content you supply. SeasonProof Growth has the right but not the obligation to monitor and edit or remove any activity or content. SeasonProof Growth takes no responsibility and assumes no liability for any content posted by you or any third party.

Section 13 — Compliance with the Laws, Including Commitment Against Harassment and Interference with Others ("Targeting")

As a SeasonProof Growth client, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission's Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission's Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring your compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend SeasonProof Growth from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against SeasonProof Growth relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by SeasonProof Growth. You further understand and agree that SeasonProof Growth has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Meta, Facebook, Facebook Messenger, Instagram, Google, GoHighLevel, and internet browser notifications.

SeasonProof Growth does not warrant that any SeasonProof Growth messaging software will be compatible with any third-party software. You are solely and exclusively responsible for your use of any and all messaging software and/or hardware.

Commitment Against Targeting and Harassment and Interference with Others. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.

Section 14 — Disclaimers of Other Warranties

Except where otherwise inapplicable or prohibited by law:

The Website and all content are provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website. We do not represent or warrant, and expressly disclaim that: (a) use of the Website or any software will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data, (b) the Website, software, or services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, software, information, or other material purchased or obtained by you through the Website will meet your requirements or expectations, (e) errors or defects in the Website will be corrected, or (f) the Website or the server(s) that make the Website available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and noninfringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

Section 15 — Limitations of Liabilities

Except where otherwise inapplicable or prohibited by law, in no event shall SeasonProof Growth or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this Agreement, the Privacy Statement, the services or products, your or a third party's use or attempted use of the Website or any software, service, or product, regardless of whether SeasonProof Growth has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise.

SeasonProof Growth's maximum aggregate liability to you for any claim arising out of or relating to this Agreement or the services shall not exceed the total fees paid by you to SeasonProof Growth in the twelve (12) months preceding the event giving rise to the claim, except where the 100-in-100 Guarantee remedies in Section 3 expressly apply.

Section 16 — Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

Please read this arbitration provision carefully to understand your rights. Except where prohibited by law, you and your business agree that any claim that you or your business may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you and your business would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in an individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.

If you have a complaint, dispute, or controversy, you agree to first contact us at spencer@seasonproofgrowth.com to attempt to resolve the dispute or controversy informally.

Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 17 and 23 below. The arbitration will be conducted by a single neutral arbitrator in the English language in the United States, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or SeasonProof Growth.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Arkansas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1–16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and SeasonProof Growth agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and SeasonProof Growth expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims, except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1–16, as amended.

This provision survives termination of your account or relationship with SeasonProof Growth, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

You understand that you and your business would have had a right to litigate through a court, to have a judge or jury decide your case, and to be party to a class or representative action. However, you understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration in accordance with this arbitration provision.

Section 17 — SeasonProof Growth's Additional Remedies

In order to prevent or limit irreparable injury to SeasonProof Growth, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of SeasonProof Growth or a third party, SeasonProof Growth shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Arkansas restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting SeasonProof Growth from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the state and federal courts located in the State of Arkansas, for all such claims, and forever waive any challenge to said courts' exclusive jurisdiction or venue.

Section 18 — Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless SeasonProof Growth, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third party.

Section 19 — Notice and Takedown Procedures; Digital Millennium Copyright Act

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send SeasonProof Growth a notice requesting that SeasonProof Growth remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send SeasonProof Growth a counter-notice. Notices and counter-notices should be sent to SeasonProof Growth, [Mailing address — to be added], or by email to spencer@seasonproofgrowth.com. These Terms fully incorporate by reference the DMCA Policy.

Section 20 — Third-Party Links

The Website may contain links to other websites. The views, information or opinions expressed on or during any SeasonProof Growth communication or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of SeasonProof Growth LLC or either of its parent companies, affiliates, or partners. Further, SeasonProof Growth is not responsible for and does not verify the accuracy of any of the information contained in any third-party content. The primary purpose of these resources is to educate, inspire and inform. Some authors' or contributors' content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. SeasonProof Growth assumes no responsibility for the content or functionality of any non-SeasonProof Growth website to which we provide a link. Please see our Privacy Statement for more details.

Section 21 — Termination

This Agreement will take effect (or shall re-take effect) at the time you click "Activate My Account Now," "Pay Now," "Order Now," "Submit," "Buy Now," "Purchase," "I Accept," "I Agree" or similar links or buttons, or otherwise respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of SeasonProof Growth or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 10, 18, and 20 through 30 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with SeasonProof Growth. Upon termination, you remain responsible for any outstanding payments to SeasonProof Growth.

Section 22 — No Waiver

No failure or delay on the part of SeasonProof Growth in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by SeasonProof Growth.

Section 23 — Governing Law and Venue

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning SeasonProof Growth, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Arkansas without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 16 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in the State of Arkansas, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts' exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

Section 24 — Force Majeure

SeasonProof Growth will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control, including but not limited to: actions or outages of advertising platforms (such as Meta, Google, or others), changes to advertising-platform policies, government action, pandemic, fire, flood, civil unrest, war, or interruptions in the performance of third-party service providers (such as CRM, email, or scheduling vendors).

Section 25 — Assignment

SeasonProof Growth may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without SeasonProof Growth's (or its assigns') express written consent.

Section 26 — Electronic Signature

All information communicated on the Website is considered an electronic communication. When you communicate with SeasonProof Growth through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Section 27 — Changes to the Agreement

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at /privacy/, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

Section 28 — Your Additional Representations and Warranties

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, redistribute, or export any product or service that you order from the Website. You further represent that SeasonProof Growth has the right to rely upon all information provided to SeasonProof Growth by you, and SeasonProof Growth may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify SeasonProof Growth of the same within 24 hours. SeasonProof Growth, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by SeasonProof Growth without incurring any obligation or liability to you.

Section 29 — Severability

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

Section 30 — Entire Agreement

These Terms, the Agreement, the signed Engagement Agreement (where applicable), and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and your business and SeasonProof Growth, and govern your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersede and replace any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and SeasonProof Growth. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

Section 31 — Contacting Us

We encourage our clients to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to spencer@seasonproofgrowth.com.

If you have any questions or inquiries concerning any of the Terms, you may contact SeasonProof Growth by email at spencer@seasonproofgrowth.com or by regular mail at:

SeasonProof Growth LLC
Attn: Legal & Compliance
[Mailing address — to be added]
Email: spencer@seasonproofgrowth.com

Note on how we can communicate with you

By agreeing to our Terms of Service a prospect agrees to receive snail mail, email, phone and automated prerecorded voice message solicitations from SeasonProof Growth, including its various business divisions, affiliates, partners, vendor list managers and clients who purchase our lists. You also agree to be contacted on a recurring basis for as long as you are a part of our SMS/MMS mobile message marketing program. Filling out any forms on our pages constitutes my signature and agreement that SeasonProof Growth and its representatives, agents, and partners may contact me by telephone (including at my wireless telephone number), email, SMS, or pre-recorded message at the information I provided through this website, and I understand and agree that this consent applies even if my number is listed on a state or federal do-not-call list. By filling out any of our forms you also agree that you cannot "build a case" against SeasonProof Growth (by counting infractions per solicitation) because by submitting any forms or filling out any information signifies that you are requesting to be contacted by email, including SMS, text, pre-recorded phone calls. In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use, or loss of profits.

Message and data rates may apply.

Prospect agrees he/she is solely responsible for any and all third-party fees a prospect may incur when being contacted by SeasonProof Growth and its business divisions, affiliates, partners, clients, vendors and list managers. By filling out any of our forms you also forfeit your right to litigate against SeasonProof Growth based on any previously alleged infraction (alleged infractions prior to you submitting any forms) including but not limited to SMS, email, or robo-dial. If any of the terms are held unenforceable, the remainder of the terms shall remain in effect.

Please do not digitally sign this agreement by submitting any forms on any of our websites if you do not agree with our terms and conditions.

To unsubscribe from email, phone, SMS, or robo-dialing mediums please send an email to spencer@seasonproofgrowth.com and include the phone number and/or email address you wish to be removed.

© 2026 SeasonProof Growth LLC. All rights reserved.