Terms & Conditions.
The rules of the road for our site and services.

Welcome to Think Cre8tive. These Terms & Conditions ("Terms") govern your use of thinkcre8tive.com, our subdomains, and any content, tools, or services we provide through the site (collectively, the "Services"). The Services are operated by ISM Media Group LLC, a Texas limited liability company doing business as Think Cre8tive, with offices at 129 S. Main Street, Suite 260, Grapevine, TX 76051.

By accessing the site, requesting a proposal or audit, subscribing to our newsletter, or engaging us for services, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the site.

You must be at least 18 years old and able to enter into a binding contract to use the Services. If you're using them on behalf of a company, you confirm that you have authority to bind that company to these Terms, and references to "you" mean both you and that company.

You agree not to:

• Use the Services in a way that violates any law or regulation.
• Scrape, crawl, or harvest content from the site beyond what a normal browser does, except as expressly permitted by our robots.txt.
• Use the Services to train artificial intelligence or machine learning models without our prior written consent.
• Probe, scan, or test the vulnerability of the site or any related infrastructure without our written authorization.
• Interfere with or disrupt the Services or the servers and networks that host them, including by introducing malware or denial-of-service traffic.
• Use the Services to send unsolicited commercial messages, phish, or otherwise impersonate Think Cre8tive or anyone else.
• Reverse-engineer, decompile, or copy any portion of the site or its underlying code, except to the limited extent the law allows you to do so.

We may suspend or terminate access at any time, without notice, if we believe you have violated these Terms.

The site, including all text, graphics, photographs, illustrations, video, icons, logos, code, and the overall look and feel, is owned by Think Cre8tive or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to view and use the site for your personal or internal business purposes. You may not:

• Republish, redistribute, or commercially exploit any content from the site without our prior written consent.
• Use our trademarks, service marks, or trade dress, including "Think Cre8tive," "Inspiring Creativity. Driving Results.," and the smile mark, in a way that suggests sponsorship or endorsement without permission.
• Frame, mirror, or hot-link our content in a way that misrepresents its source.

You may share a link to a page on our site, quote brief excerpts with proper attribution, and embed our public social posts using the platforms' native embed tools.

When you submit information through a contact form, audit request, referral, job application, or other channel on the site, you confirm that:

1. The information is accurate and you have the right to share it.
2. You have the necessary permissions for any third-party content you give us (for example, a colleague's email address or your company's logo).
3. You won't submit anything that's confidential to another party, infringes anyone's rights, or is unlawful or defamatory.

You retain ownership of the information you submit. You grant us a worldwide, royalty-free, non-exclusive license to use that information for the purpose you submitted it for (for example, to prepare an audit, deliver a proposal, or evaluate your application). For testimonials and case study materials, the separate written release we ask you to sign controls.

Information on the site about our services, including SEO, paid advertising, website design and development, fractional CMO, branding, social, and AI implementation, is for general informational purposes. It is not a binding offer.

A binding engagement only exists once both parties have signed a Master Services Agreement and a Statement of Work. Those documents will set out scope, deliverables, timelines, fees, ownership of work product, warranties, confidentiality, term, and termination. Any conflict between the signed documents and these Terms is resolved in favor of the signed documents.

Estimates we share before contracting (including in proposals, audit reports, and conversations) are good-faith estimates based on the information available and are not guarantees of price, timeline, or outcome.

From time to time we publish free resources such as website and SEO audits, checklists, calculators, guides, and templates. These are provided as a professional courtesy, "as is," for your information only. We make no warranties about the completeness, accuracy, or fitness of any free resource for a particular purpose, and we are not liable for any decisions you make based on them.

We may use your participation in a free audit or download to follow up with you about our paid services. You can unsubscribe at any time.

Our referral program is offered subject to additional terms shown on the referral page. In summary:

• Referral rewards apply only after the referred client signs an MSA and pays their first invoice.
• Rewards are calculated on net services fees, excluding pass-through media spend, third-party software, and taxes.
• Self-referrals, employees of Think Cre8tive, and any party already in active sales conversations with us are not eligible.
• We reserve the right to verify, delay, or decline a reward where we reasonably believe the referral program is being abused.

The site may link to third-party sites, products, or services, including tools we use or recommend, our clients' websites, and our social profiles. Those resources are not under our control. We don't endorse them and we aren't responsible for their content, privacy practices, or security. Use them at your own risk and read their terms.

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We don't warrant that the site will be uninterrupted, secure, error-free, or free of viruses; that defects will be corrected; or that any information you obtain through the site is accurate or reliable. Marketing involves variables we don't control, including third-party platforms and search-engine algorithms. Past performance does not guarantee future results.

TO THE FULLEST EXTENT PERMITTED BY LAW, THINK CRE8TIVE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS, OR (B) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Liability relating to paid client work is governed by the signed Master Services Agreement.

You agree to defend, indemnify, and hold harmless Think Cre8tive and our officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your use of the site or violation of these Terms.
• Information you submit through the site.
• Your violation of any rights of another party, including intellectual property or privacy rights.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or your use of the site will be brought exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to the personal jurisdiction of those courts.

Before filing a claim, you agree to first contact us at legal@thinkcre8tive.com with a description of the issue and try in good faith to resolve it informally for at least 30 days.

We may update or discontinue any part of the site or these Terms at any time. When we change these Terms, we'll update the "last updated" date at the top of this page. Material changes will be announced with a notice on the site or by email to existing contacts. Continued use of the site after a change means you accept the updated Terms.

You may stop using the site at any time. We may suspend or terminate your access to the site or any feature at any time, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

• Entire agreement. These Terms, together with our Privacy Policy and any signed engagement documents, are the entire agreement between you and Think Cre8tive regarding the site.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Severability. If any provision is held invalid, the rest stays in effect and the invalid provision will be modified to the minimum extent necessary.
• Assignment. You may not assign these Terms without our written consent. We may assign them as part of a corporate transaction.
• Force majeure. We aren't liable for delays or failures due to events outside our reasonable control.
• Headings. Section headings are for convenience only and don't affect interpretation.

For any question about these Terms or to give us legal notice, contact:

• Legal: legal@thinkcre8tive.com
• General: hello@thinkcre8tive.com
• Phone: (817) 431-6700
• Mail: ISM Media Group LLC dba Think Cre8tive, 129 S. Main Street, Suite 260, Grapevine, TX 76051