Terms of Use

1. 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 permitted by the Terms of Use.


2. 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.


3. 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.


4. 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.


5. 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.


6. Privacy. Salt Creek’s privacy policy accessible on Salt Creek’s website is incorporated herein by this reference.


7. 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 institutions.


8. 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.


9. 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.


10. 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 marketing services.


11. General Provisions.
    
    
    1. Entire Agreement/No Waiver. This Terms of Use constitute the entire Agreement 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.
    
    
    2. 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.
    
    
    3. 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 relating to this Agreement, Salt Creek's Privacy Policy, Customer’s use of the Site 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.
    
    
    4. 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.
    
    
12. 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.


13. Questions. Questions regarding Salt Creek Terms of Use should be directed to Salt Creek through your Salt Creek sale representative or project coordinator. This document was last updated April 18, 2017.