Salt Creek Media, Inc. ("Salt Creek") operates this Whats Mailing Website (“Site”) to
provide online access to information about Salt Creek and the goods, services, and
opportunities we provide (the "Service"). By accessing and using this Site, you agree
Use is referred to as this "Agreement".
Salt Creek reserves the right to modify this Agreement at any time. You, as subscriber,
are referred to herein as “Customer.” Customer is advised to refer to the last sentence in
this Agreement for the current effective date of this Agreement. A change of this date from
a previous version of this Agreement is Salt Creek’s notice to Customer that means the
Agreement has been modified in some manner from the previous version. Your use of the
Site following any such modification constitutes your Agreement to follow and be bound by
You may not access the Services offer on this Site if you are a direct competitor of
Salt Creek Media, Inc., or otherwise offer goods and services comparable to
the products and services being offered on the Site, except with Salt Creek’s prior written
consent. In addition, you may not access the Site and Services for purposes of monitoring
their availability, performance or functionality, or for any other benchmarking or
competitive purposes. You acknowledge and agree that Salt Creek has the right to obtain
an injunction prohibiting you from accessing the Site.
1. Use of Site
4. Downloading Files
5. Disclaimer of Warranties; Liability
8. Access and Use of Information
11. General Provisions
- Use of Site. You may use the Service, the Site, and the information, software,
writings, images and/or other works that you see, hear or otherwise experience on the
Site (singly or collectively, the "Materials") to learn about or use Salt Creek products
and services. No right, title or interest in any Materials is transferred to you, whether
as a result of downloading such Materials or otherwise. Salt Creek reserves complete
title and full intellectual property rights in all Materials. Except as expressly authorized
by this Agreement, or separate Agreements for services that you may enter into with
Salt Creek, you may not use, alter, copy, distribute, transmit, or derive another work
from any Materials obtained from the Site or the Service, except as expressly
- Copyright. Except as to those documents whose copyright is owned by a third party,
the copyright of this Site and its Materials are protected by copyright laws and belong
to Salt Creek. You are hereby authorized to use the Materials of this Site consistent
with its intended purpose and your use does not convey any title or ownership rights
in the Site. Note that any product, process, or technology described in the Materials
may be the subject of other intellectual property rights reserved by Salt Creek or its
affiliates which are not licensed hereunder. No other permission is granted to you to
print, copy, reproduce, distribute, transmit, upload, download, store, display in public,
alter, or modify the Materials contained on this Site. This Site is proprietary to Salt Creek
and title to the Site, including without limitation, all applicable rights to patents,
copyrights, trademarks, trade secrets and other intellectual property rights shall
remain solely in Salt Creek.
- Trademarks. The term "Salt Creek Media" is a protected trade name. All related
product and service names, designs and slogans are the trademarks or service marks
of Salt Creek or affiliated companies of Salt Creek. All other product and service
marks on this site are the trademarks of their respective owners.
- Downloading Files. Salt Creek cannot and does not guarantee or warrant that files
available for downloading, now or in the future, through the Site will be free of
infection by software viruses or other harmful computer code, files or programs.
Notwithstanding any other language in this Agreement, downloading of the marketing
materials presented on this Site is strictly prohibited.
- Disclaimer of Warranties; Liability. ALL MATERIALS POSTED ON THIS SITE ARE
"AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES EXPRESS OR
IMPLIED. SALT CREEK DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SALT CREEK DOES NOT WARRANT THAT FUNCTIONS CONTAINED
ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. SALT CREEK DOES NOT
WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU AGREE THAT SALT CREEK AND ITS AFFILIATES WILL NOT BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGE
(INCLUDING LOST PROFITS) RELATED TO THE SITE OR ITS MATERIALS
INCLUDING BUT NOT LIMITED TO DAMAGES THAT RESULT FROM
INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITE EVEN IF SALT CREEK
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
FURTHER AGREE THAT SALT CREEK AND ITS AFFILIATES WILL NOT BE
LIABLE FOR ANY LOSSES RESULTING FROM A CAUSE OVER WHICH SALT CREEK
OR ITS AFFILIATES DOES NOT HAVE DIRECT CONTROL, INCLUDING
BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL
EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER
INTERCONNECT PROBLEMS (E.G. IF YOU ARE UNABLE TO ACCESS THE SALT CREEK
SITE THROUGH YOUR ON-LINE SERVICE PROVIDER), UNAUTHORIZED
ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES,
FLOODS AND STRIKES OR OTHER LABOR PROBLEMS. Salt Creek offers you various ways of ordering products, including telephone and on-line services, and,
should a user experience any problems in reaching Salt Creek through any particular
method, the user may use alternate methods to communicate with Salt Creek.
Although Salt Creek will endeavor to keep its users informed about changes, you
understand that Salt Creek may modify or replace this Site or information on it at any
time. Any legal action with respect to any transaction must be commenced within one
year after the commencement of the accrual of the cause of action has arisen.
incorporated herein by this reference.
- Confidentiality. Salt Creek hereby identifies as proprietary and confidential its
various databases and the data contained within such databases as well as the
methods utilized by Salt Creek in gathering, compiling and maintaining such data.
Customer will take reasonable precautions to assure that all confidential information
disclosed to it by Salt Creek is held in strict confidence and disclosed only to those of
its respective employees whose duties reasonably require access to such
information. Customer agrees that it will not share its login information with any
person that is not an employee of Customer, including any person or entity that is a
competitor of Salt Creek. Customer will take suitable precautions to prevent loss,
compromise, or misuse of any data provided by Customer. Except as required by law,
Customer agrees that any information or data provided by Salt Creek will be
maintained in strict confidence and will not be copied, disclosed, sold or otherwise
made available to any third parties. Customer shall provide for physical security of
data obtained from Salt Creek with the same degree of care (provided that such is at
least a reasonable degree of care) that Customer uses to protect its own most
sensitive data. Customer shall not grant access to the Site, and any other information
or data provided by Salt Creek, to individuals incarcerated in prisons or correctional
- Access and Use of Information. Access to this Site is limited to viewing the linked
web pages solely for legitimate business purposes to access the information provided
by Salt Creek at this Site. Any access or attempt to access other areas of the Salt Creek
computer system or other information contained on the system for anypurposes is strictly prohibited. You may not use any information contained on this Site
other than in connection with the procurement of products and services provided by
Salt Creek. Any intentional damage or intentional interruption of Salt Creek's
computer system as well as computer resources and/or system service, carrying on
of personal business or illegal activities will be cause for termination of this
Agreement. You agree to hold Salt Creek harmless for damages and losses incurred
as a result of misuse of this Site by you. Users are prohibited from violating or
attempting to violate the security of the website, including, without limitation, (i)
accessing data not intended for such user or logging into a server or account which
the user is not authorized to access, (ii) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures
without proper authorization.
By accessing the Site, Customer expressly agrees that it will not provide Customer’s
access information (including password) to its employee, agent, or third party in order
for that employee, agent, or third party to research Salt Creek’s website for the
purpose of reverse engineering the features, functions, and appearance of the Site.
By accessing the Site, Customer expressly agrees that it will not derive or attempt to
derive the source code, source files, or structure of all or any portion of the web site
by reverse engineering, disassembly, decompilation, or any other means. Any
person who accesses this Site expressly agrees that he or she will not reverse
engineer the features, functions, and appearance of the Site.
- Payment. The monthly fees for Salt Creek’s Whats Mailing products and services
are due and payable prior to the monthly term for which the payment applies. All
amounts payable by Customer for the Services are due on a monthly basis by credit
card only and will be charged by Salt Creek. Any amount due to Salt Creek, which is
not paid, may result in termination of services and access to the Site. Customers are
responsible for all related collection costs, legal fees and interest. All returned checks
will be charged a fee of $25.
- Refunds. Subscriptions are normally non-refundable but if you have made an error
in making your subscription or change your mind about your subscription please
contact us. Refunds are prorated based on the unused portion of your subscription
and applied as house credits towards our other media, direct mail, Purl and
- General Provisions.
of the parties with respect to the subject matter hereof. Customer acknowledges
that any pre-acceptance oral representations by Salt Creek concerning project
response rates cannot be relied upon and is not part of this Agreement. No waiver
by Salt Creek of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
- Updates, Correction of Errors, and Inaccuracies. The Site or Materials may
contain typographical errors or other errors or inaccuracies and may not be
complete or current. Salt Creek therefore reserves the right to correct any errors,
inaccuracies or omissions and to change or update this Site or Materials at any
time without prior notice. Salt Creek does not, however, guarantee that any errors,
inaccuracies or omissions will be updated or corrected.
- Governing Law. Use of this Site is unauthorized in any jurisdiction that does not
give full effect to all provisions of this Agreement, including without limitation this
paragraph and the warranty disclaimers and liability exclusions above. Salt Creek
has endeavored to comply with all legal requirements known to it in creating and
maintaining this Site. Use of this Site is unauthorized in any jurisdiction where all or
any portion of this Site may violate any legal requirements and you agree not to
access this Site in any such jurisdiction. You are responsible for compliance with
applicable laws. Any use in contravention of this provision or any provision of this
Agreement is at your own risk and, if any part of this Agreement is invalid or
unenforceable under applicable law, the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Agreement shall govern
such use. If any part of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, it will not impact any other provision of
this Agreement, all of which will remain in full force and effect. Any and all disputes
or the Materials are governed by, and will be interpreted in accordance with, the
laws of the State of California. You agree that by using the Site you are entering
into this Agreement in, and the goods and services are being provided to you, inYolo County, California. All payments made by you are considered paid in Yolo
County, California. In addition, you acknowledge that any conduct considered a
breach of this Agreement occurs in Yolo County.
- If a dispute of a contractual nature arises between Salt Creek and Customer
regarding Salt Creek’s entitlement to fees and/or costs under this Agreement, or
the enforceability of any term of this Agreement, the prevailing party shall be
entitled to its attorney’s fees and costs in enforcing the terms of this Agreement.
This provision also applies to Salt Creek seeking any monies for quantum meruit
recovery for the reasonable value of the services and costs expended or incurred
on behalf of Customer.
- Submissions. All unsolicited remarks, suggestions, ideas, graphics or other
information communicated to Salt Creek through this Site will forever be the
property of Salt Creek. Unless otherwise specified in writing by Salt Creek, all
material submitted to Salt Creek will be presumed to be public and Salt Creek will
not be required to treat the information as confidential. Salt Creek shall have
exclusive ownership of all present and future existing rights in the information,
without compensation to the person sending the information.
Salt Creek does welcome feedback regarding Salt Creek’s existing businesses that
will help satisfy customer's needs, and feedback can be provided through the many
listed contact areas on the Site.
Salt Creek through your Salt Creek sale representative or project coordinator. This
document was last updated April 18, 2017.