Terms of Use
1. Agreement to these terms
These Terms of Use (“Terms”) govern your access to and use of dkpgrowthpartners.com and any content or functionality on it (the “Site”), operated by DKP Growth Partners LLC, a Missouri limited liability company (“DKP,” “we,” “us,” “our”).
By using the Site you agree to these Terms. If you do not agree, do not use the Site.
2. The Site is informational
The Site describes our services and how we work. It is provided for general information about our business.
Nothing on the Site is:
- an offer to enter into a contract, or an obligation on us to provide services
- professional advice — legal, tax, accounting, financial, or otherwise
- a guarantee, warranty, or promise of any particular outcome
Engaging us for services requires a separate written agreement. Where that agreement and these Terms conflict, that agreement controls for the services it covers.
3. No advisory relationship
Reading the Site, contacting us, requesting an audit, or booking a call does not create a professional, fiduciary, advisory, or confidential relationship. Do not send us confidential information before a written agreement is in place.
4. Modeled scenarios, examples, and projections
The Site contains modeled scenarios, worked examples, and illustrative calculations, including figures for calls, quotes, recovered work, and revenue.
These are models, not results, and not predictions about your business. Specifically:
- They are constructed from published industry benchmarks and assumptions stated alongside them. They are not case studies, and they do not describe the actual past performance of any DKP client.
- They are provided to show the method of calculation, so you can check it against your own numbers.
- We do not guarantee, promise, or represent that you will achieve any particular result, revenue figure, recovery rate, response rate, close rate, or return on investment.
- Any audit or report we prepare for you is built from data you provide. Its accuracy depends on the accuracy and completeness of that data, and it is an estimate, not a forecast you should rely on as fact.
Business results depend on many factors outside our control, including your market, capacity, pricing, staff, execution, and general economic conditions. You are solely responsible for your own business decisions.
5. Eligibility
The Site is intended for businesses and for people aged 18 or over acting in a business capacity. By using it you represent that you are at least 18 and, where you act for a company, that you are authorised to do so.
6. Acceptable use
You agree not to:
- use the Site for any unlawful purpose or in violation of these Terms
- access or attempt to access accounts, systems, or data you are not authorised to reach, or probe or test the security of the Site
- scrape, harvest, crawl, or use automated means to extract data from the Site
except as a well-behaved search engine crawler respecting
robots.txt - introduce malware or any code intended to disrupt or damage the Site
- interfere with the Site’s operation or place unreasonable load on it
- copy, reproduce, republish, or redistribute Site content except as permitted in Section 7
- use the Site or its contents to build or train a competing service, or to compile a list for solicitation
- misrepresent your identity or affiliation
We may suspend or block access for any violation, without notice.
7. Intellectual property
The Site and its contents — text, design, layout, graphics, logos, the DKP Growth Partners name and wordmark, methodologies, report formats, and compilations — are owned by DKP or licensed to us, and are protected by intellectual property law.
You may view and print pages for your own internal business evaluation. Any other use — reproduction, distribution, modification, public display, or creation of derivative works — requires our prior written permission.
Third-party names mentioned on the Site are the property of their owners. Referring to them does not imply affiliation or endorsement in either direction.
8. Feedback and submissions
If you send us ideas, suggestions, or feedback about our services or the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or compensation. Do not send us anything you consider confidential or proprietary.
9. Communications and booking
Contacting us or booking a call means you agree we may respond by email, phone, or text. How we handle calls and texts is set out in our Messaging Policy, and how we handle personal information is set out in our Privacy Policy. Both are incorporated into these Terms by reference.
Scheduling and payment functions may be provided by third parties and are subject to their terms as well as ours.
10. Third-party sites and services
The Site may link to sites and services we do not control. We provide those links for convenience, do not endorse them, and are not responsible for their content, practices, availability, or security. Your use of them is at your own risk and governed by their terms.
11. Availability
We do not promise that the Site will be available, uninterrupted, error-free, or secure. We may modify, suspend, or discontinue any part of it at any time without notice or liability.
12. Disclaimers
THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, DKP disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Site’s content is accurate, complete, current, or reliable, that defects will be corrected, or that the Site is free of harmful components.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
13. Limitation of liability
To the fullest extent permitted by law, DKP and its members, managers, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or business opportunity, arising out of or relating to your use of the Site — whether based in contract, tort, negligence, strict liability, or any other theory, and whether or not we were advised of the possibility.
Our total aggregate liability arising out of or relating to the Site will not exceed the greater of one hundred dollars ($100) or the amount you paid us for access to the Site in the twelve months preceding the claim.
These limits do not apply to liability that cannot be excluded or limited by law, including for fraud, wilful misconduct, or death or personal injury caused by negligence.
Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless DKP and its members, managers, officers, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any law or third-party right.
15. Governing law and disputes
These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules.
Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in or having jurisdiction over Polk County, Missouri, and you consent to personal jurisdiction and venue there. Each party waives any objection based on inconvenient forum.
To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.
16. Changes to these Terms
We may revise these Terms at any time. The effective date above shows the current version. Material changes will be noted on this page for at least 30 days. Continuing to use the Site after a change means you accept the revised Terms.
17. General
Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms, together with the Privacy Policy and Messaging Policy, are the entire agreement between you and DKP regarding the Site, and supersede any prior understanding about it. They do not supersede a signed services agreement.
No third-party beneficiaries, except the parties indemnified in Section 14.
Headings are for convenience and do not affect interpretation.