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:

  1. good faith negotiation

  2. 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