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<div class="panel panel-default">
<div class="panel-heading" style="text-align:center;">
<h1> Terms of Use </h1>
</div>
<div class="panel-body">
<p>
Salt Creek Media, Inc. (SCM) operates this Website (“Site”) to provide online access
to information about SCM and the goods, services, and opportunities we provide (the "Service").
<strong>By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use").</strong> These Terms of Use, together with
applicable additional terms and conditions that may be contained in purchase orders are
referred to as this "Agreement".
SCM reserves the right to modify this Agreement at any time without giving you prior
notice. Your use of the Site following any such modification constitutes your Agreement to
follow and be bound by the Agreement as modified. The last date these Terms of Use
were revised is set forth below.
You may not directly or indirectly access the Services offered on this Site if you are SCM\'s direct competitor, except with SCM\'s prior
written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other
benchmarking or competitive purposes. You acknowledge and aggree that SCM has the right to obtain an injuction prohibiting you from accessing the Site.
</p>
<ol>
<li><a color="#4d4d4d" href="#1">Use of Site</a></li>
<li><a color="#4d4d4d" href="#1">Copyright</a></li>
<li><a color="#4d4d4d" href="#2">Trademarks</a></li>
<li><a color="#4d4d4d" href="#2">Downloading Files</a></li>
<li><a color="#4d4d4d" href="#2">Software</a></li>
<li><a color="#4d4d4d" href="#2">Disclaimer of Warranties</a></li>
<li><a color="#4d4d4d" href="#2">Privacy</a></li>
<li><a color="#4d4d4d" href="#3">Confidentiality</a></li>
<li><a color="#4d4d4d" href="#3">Access and Use of Information</a></li>
<li><a color="#4d4d4d" href="#3">Payment</a></li>
<li><a color="#4d4d4d" href="#3">Refunds</a></li>
<li><a color="#4d4d4d" href="#4">No Guaranties</a></li>
<li><a color="#4d4d4d" href="#4">General Provisions</a></li>
<li><a color="#4d4d4d" href="#5">Submissions</a></li>
<li><a color="#4d4d4d" href="#5">Questions</a></li>
</ol>
</hr>
<ol>
<li id="1">
<b>Use of Site: </b> SCM hereby grants to you a limited, non-exclusive, non-transferable
right to use the Service provided that you agree to the Terms in this Agreement. 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 RPM 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. SCM 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 SCM,
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.
</li>
<br/>
<li id="1"> <b>Copyright: </b>The copyright of this Site and its Materials are protected by copyright laws
and belong to SCM. 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
SCM or its affiliates which are not licensed hereunder. Any copy of any Materials of
this Site or portion thereof must include the copyright notice. 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 SCM 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 SCM.
</li>
<br/>
<li id="2"><b>Trademarks: </b> The term "Salt Creek Media, Inc." is a protected trade name. All related
product and service names, designs and slogans are the trademarks or service marks
of SCM or affiliated companies of SCM. All other product and service marks on this
site are the trademarks of their respective owners.
</li>
<li id="2"><b>Downloading Files: </b>SCM cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection by software viruses
or other harmful computer code, files or programs.
</li>
<br/>
<li id="2"><b>Software: </b>Any software available for download via the Site is the copyrighted work of
SCM and/or its licensors. Use of such software is governed by the terms of the end
user license agreement that accompanies or is included with the software.
Downloading, installing, and/or using any such software indicates your acceptance of
the terms of the end user license agreement.
</li>
<br/>
<li id="2"><b>Disclaimer of Warranties and Liability: </b>ALL MATERIALS POSTED ON THIS SITE ARE
"AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES EXPRESS OR
IMPLIED. SCM DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SCM 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. SCM 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 SCM 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 SCM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT SCM AND ITS
AFFILIATES WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM A
CAUSE OVER WHICH SCM 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 SCM SITE THROUGH YOUR ON-LINE SERVICE PROVIDER),
UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER,
EARTHQUAKES, FLOODS AND STRIKES OR OTHER LABOR PROBLEMS. SCM offers you various ways of ordering products, including telephone and on-line
services, and, should a user experience any problems in reaching SCM through any
particular method, the user may use alternate methods to communicate with SCM.
Although SCM will endeavor to keep its users informed about changes, you
understand that SCM 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 cause of action has arisen.
</li>
<br/>
<li id="2"><b>Privacy:</b> SCM\'s privacy policy accessible on SCM\'s website is incorportated
herein by this reference.
</li>
<br pagebreak="true"/>
<li id="3"><b>Confidentiality: </b>SCM hereby identifies as proprietary and confidential its various
databases and the data contained within such databases as well as the methods
utilized by SCM in gathering, compiling and maintaining such data. You will take
reasonable precautions to assure that all confidential information disclosed to it by
SCM is held in strict confidence and disclosed only to those of its respective
employees whose duties reasonably require access to such information. You
will take suitable precautions to prevent loss, compromise, or misuse of any data
provided by you. Except as required by law, you agree that any
information or data provided by SCM will be maintained in strict confidence and will
not be copied, disclosed, sold or otherwise made available to any third parties.
You shall provide for physical security of data obtained from SCM 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 SCM, to individuals
incarcerated in prisons or correctional institutions.
</li>
<br/>
<li id="3"><b>Access and Use of Information: </b>Access to this Site is limited to viewing the linked
web pages solely for legitimate business purposes to access the information provided
by SCM at this Site. Any access or attempt to access other areas of the SCM computer system or other information contained on the system for any purposes 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 SCM. Any
intentional damage or intentional interruption of SCM\'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 SCM 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, you expressly agree that it will not provide your access
information (including password) to your employees, agents, or third parties in order
for those employees, agents, or third parties to research SCM\'s website for the
purpose of reverse engineering the features, functions, and appearance of the Site.
By accessing the Site, you expressly agree 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.
</li>
<br/>
<li id="3"><b>Payment: </b>The fees for SCM products and services, which include the cost of
processing, printing, shipping and/or mailing, and any other charges applicable, are
due and payable together with the submission of an order. SCM requires pre-
payment on all orders. Any amount due to SCM, which is not paid, may result in
non-delivery of the order, and interest charges as allowed by law. You are
responsible for all related collection costs, legal fees and interest. All returned
checks will be charged a fee of $25. Commencement on your project starts
only after SCM receives final approval of Customer layout and summary of printing
charges.
</li>
<br/>
<li id="3"><b>Refunds: </b>You may receive a refund if you were over billed due to mistake or if
SCM cannot deliver the mail services that you have ordered within 14 days of the
due date for your project. SCM will not refund any amount back due to mail quality
and will only replace the mail if your dissatisfaction is due to reasons other than
over-billing by mistake or SCM\'s failure to deliver your order as mentioned in the
first sentence of section 11.
</li>
<br pagebreak="true"/>
<li id="4"><b>No Guaranties: </b>SCM will reproduce color from submitted transparencies, slides,
photos or digital layouts as closely and accurately as possible, but cannot exactly
match color and density because of limitations in the printing process, as well as
neighboring image ink requirements. SCM accepts no responsibility whatsoever for
color variations between submitted images and the actual artwork or product,
however, SCM strives to reproduce the images and colors as closely as possible.
Expected delivery date and project timelines are not guaranteed. Your order
may arrive late due to unforeseen delays in delivery service, natural disaster, the
breakdown of equipment, bad weather, etc.
Despite what might be represented to you as anticipated response rates,
SCM does not guaranty a minimum response rate for any project. Anticipated
response rates communicated to you is based on anecdotal evidence and
you acknowledge that any such representations are not guaranties of future
results for your project, are not part of this Agreement, and are not being relied upon by you.
</li>
<br/>
<li id="4"><b>General Provisions: </b>
<ol type="a">
<li>
<strong>Entire Agreement / No Waiver.</strong> In addition to the purchase order regarding a
particular project, these Terms of Use, plus any purchase order that may exist for a
particular project, constitute the entire Agreement of the parties with respect to the
subject matter hereof. You acknowledge that any oral representations by SCM concerning response rate for any project <strong><u>will not be relied upon</u></strong> by you and is not
part of this Agreement. No waiver by SCM of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default.
</li>
<li>
<b>Updates, Correction of Errors, and Inaccuracies: </b>The Site or Materials may
contain typographical errors or other errors or inaccuracies and may not be
complete or current. SCM 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. SCM does not, however, guarantee that any errors,
inaccuracies or omissions will be updated or corrected.
</li>
<li>
<b>Governing Law: </b>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. SCM 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, SCM\'s Privacy Policy, your 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, in Yolo
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 causes damage
to SCM in Yolo County.
</li>
<li>
If a dispute of a contractual nature arises between you and SCM regarding
SCM\'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
SCM seeking any monies for quantum meruit recovery for the reasonable value of the
services and costs expended or incurred on behalf of Customer.
</li>
</ol>
</li>
<br/>
<li id="5"><b>Submissions: </b>All unsolicited remarks, suggestions, ideas, graphics or other
information communicated to SCM through this Site will forever be the property of
SCM. Unless otherwise specified in writing by SCM, all material submitted to SCM will
be presumed to be public and SCM will not be required to treat the information as
confidential. SCM shall have exclusive ownership of all present and future existing
rights in the information, without compensation to the person sending the information.
SCM does welcome feedback regarding SCM\'s existing businesses that will help
satisfy customer\'s needs, and feedback can be provided through the many listed
contact areas on the Site.
</li>
<br/>
<li id="5"><b>Questions: </b>Questions regarding SCM Terms of Use should be directed to SCM through your SCM sale representative or project coordinator. This document was last
updated March 21, 2018.
</li>
<br/>
</ol>
</div>
<div class="panel-footer">
<p style="text-align:center;">You can reach Salt Creek Media, Inc. at: <b>(916) 245-3070</b></p>
</div>
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<div class="panel panel-default">
<div class="panel-heading" style="text-align:center;">
<h1> Terms of Use </h1>
</div>
<div class="panel-body">
<p>
Salt Creek Media, Inc. (SCM) operates this Website (“Site”) to provide online access
to information about SCM and the goods, services, and opportunities we provide (the "Service").
<strong>By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use").</strong> These Terms of Use, together with
applicable additional terms and conditions that may be contained in purchase orders are
referred to as this "Agreement".
SCM reserves the right to modify this Agreement at any time without giving you prior
notice. Your use of the Site following any such modification constitutes your Agreement to
follow and be bound by the Agreement as modified. The last date these Terms of Use
were revised is set forth below.
You may not directly or indirectly access the Services offered on this Site if you are SCM\'s direct competitor, except with SCM\'s prior
written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other
benchmarking or competitive purposes. You acknowledge and aggree that SCM has the right to obtain an injuction prohibiting you from accessing the Site.
</p>
<ol>
<li><a color="#4d4d4d" href="#1">Use of Site</a></li>
<li><a color="#4d4d4d" href="#1">Copyright</a></li>
<li><a color="#4d4d4d" href="#2">Trademarks</a></li>
<li><a color="#4d4d4d" href="#2">Downloading Files</a></li>
<li><a color="#4d4d4d" href="#2">Software</a></li>
<li><a color="#4d4d4d" href="#2">Disclaimer of Warranties</a></li>
<li><a color="#4d4d4d" href="#2">Privacy</a></li>
<li><a color="#4d4d4d" href="#3">Confidentiality</a></li>
<li><a color="#4d4d4d" href="#3">Access and Use of Information</a></li>
<li><a color="#4d4d4d" href="#3">Payment</a></li>
<li><a color="#4d4d4d" href="#3">Refunds</a></li>
<li><a color="#4d4d4d" href="#4">No Guaranties</a></li>
<li><a color="#4d4d4d" href="#4">General Provisions</a></li>
<li><a color="#4d4d4d" href="#5">Submissions</a></li>
<li><a color="#4d4d4d" href="#5">Questions</a></li>
</ol>
</hr>
<ol>
<li id="1">
<b>Use of Site: </b> SCM hereby grants to you a limited, non-exclusive, non-transferable
right to use the Service provided that you agree to the Terms in this Agreement. 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 RPM 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. SCM 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 SCM,
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.
</li>
<br/>
<li id="1"> <b>Copyright: </b>The copyright of this Site and its Materials are protected by copyright laws
and belong to SCM. 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
SCM or its affiliates which are not licensed hereunder. Any copy of any Materials of
this Site or portion thereof must include the copyright notice. 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 SCM 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 SCM.
</li>
<br/>
<li id="2"><b>Trademarks: </b> The term "Salt Creek Media, Inc." is a protected trade name. All related
product and service names, designs and slogans are the trademarks or service marks
of SCM or affiliated companies of SCM. All other product and service marks on this
site are the trademarks of their respective owners.
</li>
<li id="2"><b>Downloading Files: </b>SCM cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection by software viruses
or other harmful computer code, files or programs.
</li>
<br/>
<li id="2"><b>Software: </b>Any software available for download via the Site is the copyrighted work of
SCM and/or its licensors. Use of such software is governed by the terms of the end
user license agreement that accompanies or is included with the software.
Downloading, installing, and/or using any such software indicates your acceptance of
the terms of the end user license agreement.
</li>
<br/>
<li id="2"><b>Disclaimer of Warranties and Liability: </b>ALL MATERIALS POSTED ON THIS SITE ARE
"AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES EXPRESS OR
IMPLIED. SCM DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SCM 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. SCM 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 SCM 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 SCM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT SCM AND ITS
AFFILIATES WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM A
CAUSE OVER WHICH SCM 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 SCM SITE THROUGH YOUR ON-LINE SERVICE PROVIDER),
UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER,
EARTHQUAKES, FLOODS AND STRIKES OR OTHER LABOR PROBLEMS. SCM offers you various ways of ordering products, including telephone and on-line
services, and, should a user experience any problems in reaching SCM through any
particular method, the user may use alternate methods to communicate with SCM.
Although SCM will endeavor to keep its users informed about changes, you
understand that SCM 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 cause of action has arisen.
</li>
<br/>
<li id="2"><b>Privacy:</b> SCM\'s privacy policy accessible on SCM\'s website is incorportated
herein by this reference.
</li>
<br pagebreak="true"/>
<li id="3"><b>Confidentiality: </b>SCM hereby identifies as proprietary and confidential its various
databases and the data contained within such databases as well as the methods
utilized by SCM in gathering, compiling and maintaining such data. You will take
reasonable precautions to assure that all confidential information disclosed to it by
SCM is held in strict confidence and disclosed only to those of its respective
employees whose duties reasonably require access to such information. You
will take suitable precautions to prevent loss, compromise, or misuse of any data
provided by you. Except as required by law, you agree that any
information or data provided by SCM will be maintained in strict confidence and will
not be copied, disclosed, sold or otherwise made available to any third parties.
You shall provide for physical security of data obtained from SCM 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 SCM, to individuals
incarcerated in prisons or correctional institutions.
</li>
<br/>
<li id="3"><b>Access and Use of Information: </b>Access to this Site is limited to viewing the linked
web pages solely for legitimate business purposes to access the information provided
by SCM at this Site. Any access or attempt to access other areas of the SCM computer system or other information contained on the system for any purposes 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 SCM. Any
intentional damage or intentional interruption of SCM\'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 SCM 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, you expressly agree that it will not provide your access
information (including password) to your employees, agents, or third parties in order
for those employees, agents, or third parties to research SCM\'s website for the
purpose of reverse engineering the features, functions, and appearance of the Site.
By accessing the Site, you expressly agree 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.
</li>
<br/>
<li id="3"><b>Payment: </b>The fees for SCM products and services, which include the cost of
processing, printing, shipping and/or mailing, and any other charges applicable, are
due and payable together with the submission of an order. SCM requires pre-
payment on all orders. Any amount due to SCM, which is not paid, may result in
non-delivery of the order, and interest charges as allowed by law. You are
responsible for all related collection costs, legal fees and interest. All returned
checks will be charged a fee of $25. Commencement on your project starts
only after SCM receives final approval of Customer layout and summary of printing
charges.
</li>
<br/>
<li id="3"><b>Refunds: </b>You may receive a refund if you were over billed due to mistake or if
SCM cannot deliver the mail services that you have ordered within 14 days of the
due date for your project. SCM will not refund any amount back due to mail quality
and will only replace the mail if your dissatisfaction is due to reasons other than
over-billing by mistake or SCM\'s failure to deliver your order as mentioned in the
first sentence of section 11.
</li>
<br pagebreak="true"/>
<li id="4"><b>No Guaranties: </b>SCM will reproduce color from submitted transparencies, slides,
photos or digital layouts as closely and accurately as possible, but cannot exactly
match color and density because of limitations in the printing process, as well as
neighboring image ink requirements. SCM accepts no responsibility whatsoever for
color variations between submitted images and the actual artwork or product,
however, SCM strives to reproduce the images and colors as closely as possible.
Expected delivery date and project timelines are not guaranteed. Your order
may arrive late due to unforeseen delays in delivery service, natural disaster, the
breakdown of equipment, bad weather, etc.
Despite what might be represented to you as anticipated response rates,
SCM does not guaranty a minimum response rate for any project. Anticipated
response rates communicated to you is based on anecdotal evidence and
you acknowledge that any such representations are not guaranties of future
results for your project, are not part of this Agreement, and are not being relied upon by you.
</li>
<br/>
<li id="4"><b>General Provisions: </b>
<ol type="a">
<li>
<strong>Entire Agreement / No Waiver.</strong> In addition to the purchase order regarding a
particular project, these Terms of Use, plus any purchase order that may exist for a
particular project, constitute the entire Agreement of the parties with respect to the
subject matter hereof. You acknowledge that any oral representations by SCM concerning response rate for any project <strong><u>will not be relied upon</u></strong> by you and is not
part of this Agreement. No waiver by SCM of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default.
</li>
<li>
<b>Updates, Correction of Errors, and Inaccuracies: </b>The Site or Materials may
contain typographical errors or other errors or inaccuracies and may not be
complete or current. SCM 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. SCM does not, however, guarantee that any errors,
inaccuracies or omissions will be updated or corrected.
</li>
<li>
<b>Governing Law: </b>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. SCM 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, SCM\'s Privacy Policy, your 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, in Yolo
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 causes damage
to SCM in Yolo County.
</li>
<li>
If a dispute of a contractual nature arises between you and SCM regarding
SCM\'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
SCM seeking any monies for quantum meruit recovery for the reasonable value of the
services and costs expended or incurred on behalf of Customer.
</li>
</ol>
</li>
<br/>
<li id="5"><b>Submissions: </b>All unsolicited remarks, suggestions, ideas, graphics or other
information communicated to SCM through this Site will forever be the property of
SCM. Unless otherwise specified in writing by SCM, all material submitted to SCM will
be presumed to be public and SCM will not be required to treat the information as
confidential. SCM shall have exclusive ownership of all present and future existing
rights in the information, without compensation to the person sending the information.
SCM does welcome feedback regarding SCM\'s existing businesses that will help
satisfy customer\'s needs, and feedback can be provided through the many listed
contact areas on the Site.
</li>
<br/>
<li id="5"><b>Questions: </b>Questions regarding SCM Terms of Use should be directed to SCM through your SCM sale representative or project coordinator. This document was last
updated March 21, 2018.
</li>
<br/>
</ol>
</div>
<div class="panel-footer">
<p style="text-align:center;">You can reach Salt Creek Media, Inc. at: <b>(916) 245-3070</b></p>
</div>
</div>'
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