Terms & Conditions

Effective date: July 1, 2026 · Last updated: July 1, 2026

These Terms & Conditions ("Terms") are a legal agreement between you and ParkWest Creative Solutions ("ParkWest", "we", "us", "our"), a company headquartered in San Diego, California. They govern your use of parkwest.solutions, our subdomains, forms, and any content, tools, or communications provided through them (collectively, the "Site"), and — where no separate signed agreement exists — the professional services we provide (the "Services"). By using the Site or engaging our Services you agree to these Terms.

This page is maintained by ParkWest and is not legal advice. If we sign a Master Services Agreement (MSA), Statement of Work (SOW), Data Processing Addendum (DPA), Business Associate Agreement (BAA), or other written contract with you, those documents control over anything on this page for the subject matter they cover.

1. Eligibility & accounts

The Site and Services are intended for businesses and their authorized representatives. You must be at least 18 years old and able to form a binding contract. If you access the Site or Services on behalf of a company, you represent that you have authority to bind that company to these Terms. Keep your login credentials confidential and notify us promptly of any suspected unauthorized use.

2. Acceptable use of the Site

You agree not to:

• Use the Site to violate any law, regulation, or third-party right.
• Interfere with, disrupt, probe, scan, or reverse engineer the Site, its security, or its underlying infrastructure.
• Upload malware, run automated data collection (scraping), or attempt to access accounts, data, or systems that are not yours.
• Submit false, misleading, or infringing content, or content that contains sensitive personal information you are not authorized to share.
• Send Protected Health Information (PHI) through public forms or general email; contact us first so we can provision a compliant channel under a signed BAA.

3. Services & engagements

Our Services include branding, creative design, digital marketing, printing solutions, web and software development, sales and automations, AI & workflows, and business operations consulting. Each engagement is defined by a written Statement of Work (SOW) that describes scope, deliverables, timeline, assumptions, fees, and any client dependencies. In case of a conflict, the SOW controls over these Terms, and a signed MSA controls over the SOW for anything the SOW does not address.

Estimates, proposals, and roadmaps shared on the Site or in sales conversations are informational and non-binding until captured in a signed SOW.

4. Fees, invoicing & taxes

• Fees, milestones, and payment terms are set out in the SOW. Unless otherwise agreed, invoices are due within 15 days of the invoice date.
• Late amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend Services for undisputed past-due balances after notice.
• Fees are exclusive of taxes; you are responsible for all applicable sales, use, VAT, GST, and similar taxes, other than taxes on our net income.
• Third-party pass-through costs (media spend, print production, licenses, hosting, SaaS seats) are billed at cost or as itemized in the SOW.

5. Client responsibilities

Timely delivery depends on you. You agree to provide accurate information, timely feedback and approvals, access to systems and accounts needed to deliver the Services, and lawful rights to any content, data, trademarks, or materials you provide to us ("Client Materials"). Delays caused by client dependencies may shift timelines and, where they cause additional work, fees.

6. Intellectual property

Our pre-existing IP. We retain all right, title, and interest in our methodologies, frameworks, templates, code libraries, tools, know-how, and any materials we developed before or independently of the engagement ("ParkWest IP"). We grant you a perpetual, worldwide, non-exclusive license to use ParkWest IP solely as embedded in the delivered work product.

Deliverables. Upon full payment of the applicable fees, we assign to you the final deliverables created specifically for you under the SOW, excluding ParkWest IP and third-party materials, which remain governed by their own licenses.

Client Materials. You retain ownership of Client Materials and grant us a limited license to use them as needed to deliver the Services.

Portfolio & case studies. Unless the SOW says otherwise, we may reference our work — including your name, logo, and non-confidential outcomes — in our portfolio, case studies, and marketing after the work is publicly launched.

Site content. All content on the Site (text, graphics, logos, images, video, code) is owned by or licensed to ParkWest and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our written permission, except for personal, non-commercial browsing.

7. Third-party platforms & open source

Our Services frequently rely on a broad range of third-party platforms, vendors, APIs, SaaS tools, hosting providers, advertising networks, analytics services, payment processors, CRMs, CMSs, automation platforms, AI providers, and other integrations selected to fit each engagement. Your use of those platforms is subject to their own terms, pricing, and privacy policies. We are not responsible for third-party outages, deprecations, price changes, feature removals, or policy changes. Open-source components are provided under their respective licenses.

8. AI-assisted work

We may use AI tools to accelerate research, drafting, code generation, and design exploration. We keep humans in the loop for review and quality control, do not submit client confidential information or PHI to any tool that does not meet our confidentiality and data-handling requirements, and do not use client data or PHI to train third-party generative AI models. You remain responsible for reviewing AI-assisted output before it is published or relied upon.

9. Confidentiality

Each party will protect the other's non-public information disclosed in connection with an engagement with the same care it uses for its own confidential information (and no less than reasonable care), use it only to perform or receive the Services, and return or destroy it on request or at termination. Standard exceptions apply (information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law).

10. Privacy, data protection & HIPAA

Our handling of personal information is described in our Privacy Policy. Where the engagement involves personal data subject to the GDPR, UK GDPR, or U.S. state privacy laws, the parties will enter into a Data Processing Addendum. Where the engagement involves Protected Health Information subject to HIPAA, the parties will execute a Business Associate Agreement before any PHI is created, received, maintained, or transmitted by ParkWest.

11. Warranties & disclaimers

We warrant that the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. As a client's exclusive remedy for breach of this warranty, we will re-perform the non-conforming portion of the Services at no additional charge, provided you notify us in writing within 30 days of delivery.

EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION OF THE SITE OR ANY SPECIFIC BUSINESS OUTCOME (RANKINGS, LEADS, REVENUE, OR OTHERWISE).

12. Indemnification

By us. We will defend and indemnify you against third-party claims alleging that a deliverable created solely by us under an SOW infringes a valid U.S. copyright, trademark, or trade secret, and pay damages finally awarded (or amounts in settlement we approve). If a deliverable becomes, or in our reasonable opinion is likely to become, the subject of such a claim, we may (a) modify it to be non-infringing, (b) obtain a license, or (c) refund the fees paid for the affected deliverable and terminate the affected work.

By you. You will defend and indemnify us against third-party claims arising from (a) Client Materials, (b) your or your users' misuse of the Site or Services, (c) your violation of law, or (d) content or data you instruct us to publish, process, or send.

Standard conditions apply to any indemnification: prompt notice, reasonable cooperation, and sole control of defense and settlement by the indemnifying party (with no settlement admitting liability of the indemnified party without consent).

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO PARKWEST FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. FOR USE OF THE SITE WITHOUT A SIGNED SOW, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

The exclusions and limitations in this Section 13 do not apply to (a) a party's indemnification obligations, (b) breach of confidentiality, (c) infringement of the other party's intellectual property, (d) a party's gross negligence or willful misconduct, or (e) any liability that cannot be limited under applicable law.

14. Term & termination

These Terms apply while you use the Site or receive Services. Either party may terminate an engagement for the other's material breach that is not cured within 15 days of written notice. Either party may terminate an engagement for convenience as permitted by the SOW; you remain responsible for fees earned and non-cancellable commitments incurred through the effective date of termination. Sections that by their nature should survive (including intellectual property, confidentiality, indemnification, limitation of liability, and governing law) will survive termination.

15. Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, cyberattacks, labor disputes, pandemics, power or internet outages, or governmental action, provided the affected party promptly notifies the other and uses reasonable efforts to mitigate.

16. Governing law & disputes

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, for any dispute not subject to arbitration. If your organization requires a different governing law or venue, address it in the MSA.

The parties will first attempt in good faith to resolve any dispute through direct discussion between senior representatives before initiating formal proceedings.

17. Miscellaneous

• Independent contractors. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets. We may assign in the event of a corporate reorganization.
• Notices. Notices must be in writing and are effective when delivered to the addresses on file (email is sufficient for routine notices).
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• Waiver. No waiver is effective unless in writing and signed by the waiving party.
• Entire agreement. These Terms, together with any signed MSA, SOW, DPA, BAA, and our Privacy Policy, form the entire agreement between the parties regarding the subject matter and supersede prior discussions.

18. Contact

Questions about these Terms?
ParkWest Creative Solutions
HQ: San Diego, California, USA
Email: hello@parkwest.solutions
Direct line: (858) 216-8833