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Terms & Conditions

Terms & Conditions

Last updated: May 15, 2026

1. Acceptance of Terms

Please read these Terms of Use (“Terms,” “Terms of Use”) carefully before using the website at https://www.wheelermarketingagency.com (the “Service”) operated by Wheeler Marketing Agency LLC (“Wheeler Marketing Agency,” “WMA,” “we,” “us,” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service, whether as a prospective client, current client, or general visitor.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not access the Service.

These Terms govern your use of the website. If you become a client of Wheeler Marketing Agency, your engagement will be governed by a separate written service agreement, which controls in the event of any conflict with these Terms.

 

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements.

 

3. Intellectual Property

3.1 Our Content

The Service and its original content, features, design, functionality, written materials, blog articles, downloadable resources, methodologies, and brand assets are and will remain the exclusive property of Wheeler Marketing Agency LLC and its licensors. All trademarks, service marks, trade names, logos, and brand elements displayed on the Service are owned by Wheeler Marketing Agency or its licensors and may not be used without prior written permission.

The Wheeler Marketing Agency proprietary methodologies, including but not limited to the Audience-First Growth Engine and Visibility Funnel framework, are the intellectual property of Wheeler Marketing Agency.

3.2 Your Use of Our Content

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Service without our prior written consent.

3.3 Client Deliverables

Ownership of work product created for clients (including content, graphics, captions, strategy documents, and other deliverables) is governed by your individual service agreement with Wheeler Marketing Agency, not by these Terms. 

 

4. User-Submitted Content

If you submit any content to the Service, including comments, inquiry form submissions, newsletter signups, or other communications, you grant Wheeler Marketing Agency a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display that content in connection with operating the Service and our business.

You agree not to submit content that:

  • Is unlawful, defamatory, harassing, or threatening
  • Infringes on the intellectual property rights of any third party
  • Contains malware, viruses, or other harmful code
  • Solicits services from our visitors or clients
  • Misrepresents your identity or affiliation

We reserve the right, but not the obligation, to remove any user-submitted content at our sole discretion.

 

5. Prohibited Uses

You agree not to:

  • Use the Service in any way that violates any applicable law or regulation
  • Use the Service to send unsolicited promotional or commercial communications
  • Attempt to gain unauthorized access to any portion of the Service, related systems, or networks
  • Use automated systems (bots, scrapers, crawlers) to access the Service without prior written permission
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use the Service to compete with Wheeler Marketing Agency or reverse-engineer our methodologies, content, or business processes

 

6. Links to Third-Party Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Wheeler Marketing Agency.

Wheeler Marketing Agency has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Wheeler Marketing Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any content, goods, or services available on or through any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

 

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

 

8. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Wheeler Marketing Agency does not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • The information, content, or results obtained through the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service or the servers that make it available are free of viruses or other harmful components

Educational and informational content published on the Service (including blog articles, case studies, and downloadable resources) is provided for general informational purposes only and does not constitute professional marketing, business, financial, or legal advice. Results described in case studies are specific to those clients and are not a guarantee of similar results for any other business.

 

9. Limitation of Liability 

To the fullest extent permitted by applicable law, in no event shall Wheeler Marketing Agency LLC, its officers, members, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, resulting from:

  • Your access to, use of, or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Unauthorized access, use, or alteration of your transmissions or content

In no event shall Wheeler Marketing Agency’s total liability to you for all claims arising out of or relating to the Service exceed one hundred United States dollars ($100), regardless of the legal theory on which the claim is based.

 

10. Indemnification

You agree to defend, indemnify, and hold harmless Wheeler Marketing Agency LLC and its officers, members, employees, contractors, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your user-submitted content caused damage to a third party

 

11. Governing Law and Dispute Resolution 

These Terms shall be governed and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved through informal good-faith negotiation shall be resolved as follows:

Informal resolution first. Before filing any formal claim, you agree to contact us at dani@wheelermarketingagency.com to attempt to resolve the dispute informally for a period of at least 30 days.

Venue. If informal resolution fails, you agree that any legal action shall be brought exclusively in the state or federal courts located in Cowlitz County, Washington, and you consent to the personal jurisdiction of those courts.

 

12. Severability and Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full effect. These Terms constitute the entire agreement between you and Wheeler Marketing Agency regarding your use of the Service and supersede any prior agreements regarding the Service.

 

13. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect, either by posting a notice on the Service or by other reasonable means. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

 

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

15. Contact

If you have any questions about these Terms, please contact us at:

Wheeler Marketing Agency LLC Email: dani@wheelermarketingagency.com