Terms of Service | Last Updated: March 2026
1. AGREEMENT TO TERMS
These Terms of Service (“Terms”) govern your access to and use of https://www.herwoodcreative.com (the “Site”) and any related services provided by Herwood Creative LLC (“Company,” “we,” “us,” or “our”).
By accessing this Site or engaging with our services, you confirm that you have read, understood, and agree to be bound by these Terms.
If you do not agree, you must discontinue use immediately.
2. OUR SERVICES
Herwood Creative is a creative and strategic agency providing services including, but not limited to:
brand strategy
creative direction
content development
marketing and growth consulting
Information provided on this Site is for general informational purposes only and is not tailored advice.
Our services are not intended to comply with industry-specific regulatory frameworks (including HIPAA, FISMA, or similar). You agree not to use our services in a way that would subject us to such regulations.
3. INTELLECTUAL PROPERTY RIGHTS
Our Content
All content on this Site, including but not limited to:
text
design
branding
graphics
case studies
frameworks
(collectively, “Content”) is owned by or licensed to Herwood Creative and is protected under applicable intellectual property laws.
Permitted Use
You are granted a limited, non-exclusive, non-transferable license to:
access the Site
view content for personal or internal business use
You may not:
copy, reproduce, or distribute content
use content commercially without written permission
create derivative works
Client Work
Ownership of deliverables created for clients is governed exclusively by signed agreements (MSA/SOW). Nothing on this Site transfers ownership rights.
4. SUBMISSIONS & FEEDBACK
If you submit ideas, feedback, or inquiries (“Submissions”), you agree:
we may use them without restriction or compensation
they are not confidential
they do not infringe on third-party rights
This protects both sides — especially important given your strategy-heavy positioning.
5. USER REPRESENTATIONS
By using this Site, you represent that:
you have legal capacity to enter these Terms
you will not use the Site unlawfully
you will not attempt to access restricted systems or data
you will not use bots, scraping tools, or automated extraction
6. PROHIBITED USE
You agree not to:
scrape or extract data from the Site
reverse engineer or copy frameworks or methodologies
use the Site to compete directly with us
distribute or exploit content without permission
upload malicious code or disrupt functionality
7. THIRD-PARTY LINKS
This Site may include links to third-party websites.
We are not responsible for:
their content
their privacy practices
their terms
8. CLIENT RELATIONSHIPS
Engaging Herwood Creative for services requires a separate written agreement.
These agreements will define:
scope
deliverables
timelines
payment terms
intellectual property
In the event of a conflict, the client agreement overrides these Terms.
9. NO PERFORMANCE GUARANTEES
We do not guarantee:
revenue outcomes
marketing performance
business results
All outcomes depend on variables outside our control, including market conditions, execution, and external platforms.
(This is one of your most important protections.)
10. DISCLAIMER
The Site and all content are provided “as is” without warranties of any kind.
We do not guarantee:
accuracy
completeness
uninterrupted access
Use is at your own risk.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Herwood Creative is not liable for:
indirect or consequential damages
loss of revenue, profits, or business opportunity
Total liability shall not exceed the amount paid to us (if any).
12. INDEMNIFICATION
You agree to indemnify and hold harmless Herwood Creative from any claims resulting from:
your misuse of the Site
violation of these Terms
infringement of third-party rights
13. PRIVACY
Your use of the Site is governed by our Privacy Policy.
14. TERM & TERMINATION
We may:
suspend or terminate access
restrict usage
at any time, without notice, for any reason.
15. MODIFICATIONS
We may update these Terms at any time.
Continued use of the Site constitutes acceptance of updates.
16. GOVERNING LAW
These Terms are governed by the laws of the State of Florida.
17. DISPUTE RESOLUTION
Disputes will be resolved through:
good faith negotiation
binding arbitration if necessary
You waive participation in class actions.
18. MISCELLANEOUS
These Terms constitute the full agreement regarding Site use.
If any provision is found unenforceable, the remaining provisions remain valid.
19. CONTACT
For questions:
EM@HERWOODCREATIVE.COM

