TERMS OF USE
Marketing with Reshwaw
Effective Date: March 4, 2026
Last Revised: March 4, 2026
IMPORTANT LEGAL NOTICE — PLEASE READ CAREFULLY
THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“USER,” “YOU,” OR “YOUR”) AND MARKETING WITH RESHWAW (“COMPANY,” “WE,” “US,” OR “OUR”). BY ACCESSING OR USING THIS WEBSITE OR ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE AND OUR SERVICES.
1. Parties and Definitions
For the purposes of these Terms of Use, the following definitions apply:
“Company”: Marketing with Reshwaw, a creative marketing agency operating at https://marketingwithreshwaw.com, offering graphic design, social media management, ad copywriting, SEO, blog writing, video editing, AI-generated imagery, and related marketing services.
“User” or “You”: Any individual, business entity, or representative thereof who accesses the Site, subscribes to our communications, or engages any of our services.
“Site”: The website located at https://marketingwithreshwaw.com, including all pages, subdomains, content, and features.
“Services”: All marketing, creative, consulting, and related services provided by the Company, whether through the Site or otherwise.
“Deliverables”: Any creative works, designs, written content, videos, or other materials produced by the Company as part of a contracted service.
“Confidential Information”: Any non-public information shared by either party in connection with the Services, including but not limited to business strategies, client lists, pricing, and proprietary processes.
2. Acceptance of Terms and Modifications
By accessing the Site or engaging our Services, you represent that: (a) you are at least 18 years of age or the age of majority in your jurisdiction; (b) you have the legal authority to enter into a binding agreement; and (c) your use of the Site and Services complies with all applicable laws and regulations.
We reserve the right to amend these Terms at any time at our sole discretion. Amendments become effective upon posting to the Site. The “Last Revised” date at the top of this document reflects the most recent update. Your continued use of the Site or Services after any modification constitutes your unconditional acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease all use immediately.
Legal Basis: These Terms are governed by principles of contract law. Continued use following notice of modification constitutes acceptance under the doctrine of implied consent.
3. Services and Engagement
3.1 Scope of Services
Marketing with Reshwaw provides creative and marketing services including graphic design, social media content creation and management, ad copywriting, search engine optimization (SEO), blog and content writing, video editing, AI-generated imagery, and marketing consultation. The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate written agreement, proposal, or statement of work.
3.2 No Guarantee of Results
Marketing and creative services are inherently subject to variables outside our control, including but not limited to platform algorithm changes, market conditions, consumer behavior, and client implementation. THE COMPANY EXPRESSLY DISCLAIMS ANY GUARANTEE OF SPECIFIC OUTCOMES, including increases in revenue, search rankings, follower counts, engagement rates, or return on investment. Past performance does not guarantee future results.
Legal Basis: This disclaimer limits the Company’s exposure to claims of negligent misrepresentation or breach of implied warranty of fitness for a particular purpose under applicable consumer protection laws.
3.3 Client Responsibilities
You agree to: (a) provide accurate, complete, and timely information necessary for the performance of Services; (b) obtain all necessary rights, licenses, and permissions for any materials you provide to us; (c) review and approve deliverables within agreed timelines; and (d) comply with all platform terms of service relevant to your project. Delays caused by your failure to fulfill these responsibilities may affect delivery timelines and do not constitute a breach by the Company.
3.4 Strategy Sessions
Complimentary strategy sessions offered through our Calendly booking system are provided as a courtesy only and do not constitute a binding commitment to enter into a service relationship, nor do they create any attorney-client, fiduciary, or advisory relationship. All information shared during these sessions is provided for general informational purposes only.
3.5 Right to Refuse Service
The Company reserves the right, at its sole discretion, to decline, modify, or terminate any service engagement at any time, including where requested work conflicts with our values, violates applicable law, or requires the creation of content that is defamatory, obscene, infringing, or otherwise unlawful.
4. Payment Terms and Fees
4.1 Fees and Invoicing
Service fees are agreed upon prior to the commencement of work and set forth in a written proposal or service agreement. Unless otherwise stated, invoices are due upon receipt or as specified in the applicable agreement. The Company reserves the right to adjust pricing at any time for new engagements.
4.2 Late Payments
Invoices not paid within the agreed payment window may be subject to a late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is less) on the outstanding balance. The Company reserves the right to suspend or withhold deliverables until payment is received in full.
4.3 Refund Policy
Due to the custom nature of creative and marketing services, all payments for work commenced are non-refundable unless otherwise agreed in writing. Deposits paid to secure a project may be forfeited if the client cancels after work has begun. Disputes regarding billing must be raised in writing within 14 days of the invoice date.
4.4 Chargebacks
Initiating a chargeback or payment reversal for legitimately rendered services constitutes a material breach of these Terms. You agree to resolve any billing disputes directly with the Company before initiating any chargeback. The Company reserves the right to pursue recovery of disputed amounts plus applicable fees through legal means.
Legal Basis: These provisions protect the Company against fraudulent chargebacks and establish clear contractual obligations under the Uniform Commercial Code (UCC) and applicable state contract law.
5. Intellectual Property Rights
5.1 Company-Owned Content
All content on the Site, including but not limited to text, graphics, logos, images, blog posts, videos, AI-generated imagery, design layouts, and the overall look and feel of the Site, is the exclusive property of Marketing with Reshwaw or its licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. No content may be reproduced, distributed, modified, or used for commercial purposes without express prior written consent.
5.2 Ownership of Deliverables
Upon receipt of full payment for Services rendered, and unless expressly stated otherwise in a signed service agreement, ownership of final Deliverables created specifically for the client transfers to the client. Until full payment is received, all Deliverables remain the exclusive property of Marketing with Reshwaw and may not be used by the client in any form.
5.3 Company Portfolio License
Notwithstanding the transfer of ownership described in Section 5.2, the Company retains a perpetual, royalty-free, non-exclusive license to display, reproduce, and promote any Deliverables in its portfolio, marketing materials, social media, and case studies unless the client requests otherwise in writing prior to project commencement.
5.4 Third-Party and Licensed Materials
Certain Deliverables may incorporate stock images, licensed fonts, software tools, AI-generated elements, or other third-party materials. Rights to such materials remain with their respective owners and are subject to their licensing terms. The Company will disclose the use of any such materials and ensure appropriate licensing is in place for client use.
5.5 Client-Provided Materials
By providing any content, materials, logos, brand assets, or other intellectual property to the Company, you represent and warrant that: (a) you own or have the right to use such materials; (b) their use by the Company will not infringe any third-party intellectual property rights; and (c) you grant the Company a limited license to use such materials solely for the purpose of performing the agreed Services. You agree to indemnify the Company against any claims arising from your materials.
5.6 AI-Generated Imagery
Some Deliverables may include AI-generated imagery. The legal landscape surrounding AI-generated content and intellectual property is evolving. The Company makes no representations regarding the copyright status of AI-generated imagery under current or future law, and clients assume all responsibility for the downstream use of such content.
Legal Basis: These provisions are grounded in the Copyright Act (17 U.S.C.), Lanham Act (trademark), and applicable licensing principles. Section 5.6 addresses the unsettled legal status of AI-generated works following Thaler v. Vidal and related cases.
6. Confidentiality
Each party agrees to maintain the confidentiality of any Confidential Information disclosed by the other party in connection with the Services and to use such information solely for the purpose of fulfilling obligations under these Terms or any applicable service agreement. Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was rightfully known prior to disclosure; (c) is independently developed without reference to the Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the receiving party gives the disclosing party prompt written notice.
7. Permitted and Prohibited Use of the Website
7.1 Permitted Use
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for lawful purposes, including learning about our services, contacting us, reading our blog content, and scheduling consultations.
7.2 Prohibited Conduct
You expressly agree not to:
• Use the Site in any manner that violates applicable federal, state, local, or international law or regulation
• Reproduce, distribute, publicly display, or create derivative works from any Site content without written permission
• Attempt unauthorized access to any portion of the Site, servers, databases, or connected systems
• Introduce or transmit any viruses, malware, spyware, ransomware, or other harmful code
• Use automated bots, crawlers, scrapers, or data-mining tools on the Site
• Engage in any activity that disrupts, overburdens, or impairs the Site or its infrastructure
• Collect or harvest personal information of other users without authorization
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Site or our content to compete with or solicit the clients of Marketing with Reshwaw
• Engage in any conduct that is harassing, defamatory, obscene, or otherwise objectionable
Legal Basis: Unauthorized access to computer systems may violate the Computer Fraud and Abuse Act (18 U.S.C. § 1030), Electronic Communications Privacy Act, and applicable state cybercrime laws.
8. Disclaimers of Warranties
THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Any content on the Site, including blog posts, marketing tips, and educational resources, is provided for general informational purposes only and does not constitute professional legal, financial, business, or marketing advice.
Legal Basis: These disclaimers are standard under the Uniform Commercial Code §2-316 and are enforceable in most jurisdictions where consumer protection law does not prohibit waiver of implied warranties.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKETING WITH RESHWAW, ITS OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY:
• Indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings
• Damages arising from unauthorized access to or alteration of your transmissions or data
• Damages resulting from your reliance on content or services obtained through the Site
• Any other damages arising out of or in connection with your use of the Site or Services
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Legal Basis: Limitation of liability clauses are broadly enforceable under contract law in most U.S. jurisdictions. Some states, including New Jersey and Massachusetts, limit the enforceability of such caps in consumer contracts clients in those jurisdictions may have additional statutory rights.
10. Indemnification
You agree to defend, indemnify, and hold harmless Marketing with Reshwaw and its owners, officers, employees, agents, contractors, licensors, and affiliates from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:
• Your access to or use of the Site or Services
• Your violation of any provision of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Any content, materials, or information you provide to the Company
• Any claim that your materials infringe the intellectual property rights of a third party
• Any dispute between you and any third party in connection with the Services
The Company reserves the right to assume exclusive control of any matter subject to indemnification at your expense, and you agree to cooperate fully with such defense.
11. FTC Compliance and Marketing Disclosures
Marketing with Reshwaw operates in accordance with the Federal Trade Commission’s (FTC) guidelines on advertising, endorsements, and testimonials (16 C.F.R. Part 255). Any testimonials, case studies, or results featured on the Site represent individual experiences and are not guarantees of similar outcomes.
If the Company engages in any affiliate marketing, sponsored content, or paid partnerships on behalf of clients, appropriate disclosures will be made in compliance with FTC requirements. Clients are solely responsible for ensuring that any marketing campaigns executed on their behalf comply with all applicable FTC guidelines and platform advertising policies.
12. Third-Party Links and External Platforms
The Site and our social media profiles may contain links to third-party websites and platforms, including Facebook, Instagram, YouTube, and Calendly. These links are provided solely for convenience and do not constitute an endorsement, sponsorship, or recommendation by the Company. We have no control over, and assume no responsibility for, the content, privacy practices, terms of service, or practices of any third-party websites.
Your interactions with any third-party platform are governed solely by that platform’s terms and policies. We encourage you to review such terms before using any third-party service.
13. Dispute Resolution
13.1 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services (“Dispute”), the parties agree to first attempt resolution through good-faith negotiation. Either party must provide written notice of the Dispute, and the parties shall have thirty (30) days to attempt informal resolution before pursuing any other remedy.
13.2 Binding Arbitration
If informal resolution fails, any Dispute shall be resolved by binding arbitration administered by a recognized arbitration body under its then-current rules. The arbitration shall be conducted in English on a confidential basis. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
13.3 Governing Law
These Terms and any Dispute shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, particularly in matters of intellectual property infringement or confidentiality breaches. Legal Basis: Arbitration clauses are broadly enforceable under the Federal Arbitration Act (9 U.S.C. § 1 et seq.). Class action waivers are enforceable following AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011).
14. Termination
The Company reserves the right, in its sole discretion, to suspend or permanently terminate your access to the Site or any Services, with or without notice and without liability, for any reason, including but not limited to: (a) violation of these Terms; (b) conduct that the Company determines to be harmful to other users, third parties, or the Company’s reputation; (c) non-payment of fees; or (d) requests by law enforcement or regulatory authorities.
Upon termination, your right to use the Site immediately ceases. Sections of these Terms that by their nature should survive termination shall survive, including without limitation Sections 5 (Intellectual Property), 6 (Confidentiality), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), and 13 (Dispute Resolution).
15. General Legal Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any executed service agreements or statements of work, constitute the entire agreement between you and Marketing with Reshwaw with respect to the subject matter herein and supersede all prior and contemporaneous understandings, representations, and agreements.
15.2 Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
15.3 Waiver
No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof.
15.4 Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet outages, or third-party platform failures.
15.5 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to you.
15.6 No Agency or Partnership
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and the Company. Neither party has the authority to bind the other to any obligation without express written consent.
15.7 Notices
Any formal legal notices required under these Terms shall be submitted in writing via email or certified mail to the contact information provided in Section 16. Notices sent via email are deemed received when sent; notices sent via certified mail are deemed received three (3) business days after mailing.
16. Contact Information
For questions, concerns, or formal legal notices regarding these Terms of Use, please contact us:
Marketing with Reshwaw
Website: https://marketingwithreshwaw.com
Facebook: https://www.facebook.com/MarketingwithReshwaw
Instagram: https://www.instagram.com/marketingwithreshwaw/
YouTube: https://youtube.com/@BusinessGrowthResearch
BY USING THIS WEBSITE OR OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD,
AND AGREE TO BE BOUND BY THESE TERMS OF USE.
© 2026 Marketing with Reshwaw. All Rights Reserved.
