Terms/Conditions

Please read these Terms and Conditions carefully before using this site. Legal questions should be directed to:

Pepperlake Communications
ATTN: Legal Department
1338 South Foothill
Salt Lake City, UT 84108

1. Acceptance of Terms

This Web site located at PepperlakeCommunications.com (this “Site”) is provided by PEPPPERLAKE LLC. (”PC”) conditional on your acceptance of the terms and conditions of use set forth below (”Terms and Conditions”). By using the Products and Services (”Products” and “Services”), including the creation of copy and press releases (”Content”), you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to all PC Web sites, Products, and Services. By browsing, accessing, linking, using and/or downloading information (”Access” or similar term) from this Site, you also agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not aAccess this Site.

These Terms and Conditions are entered into between PC and you. If you are using the Products or Services on behalf of another person or entity, you represent that you are authorized to accept these Terms and Conditions on that person’s behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current Products and Services, including the release of new Products or Services.

2. Definitions

In addition to the terms defined throughout these Terms and Conditions, the terms “you”, “your” and “yours” refer to the surfer, customer or purchaser utilizing this Site to obtain Products or Services. The terms “we”, “us” and “our” refer to PC.

3. Changes to Terms and Conditions

PC reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions (”Changes”), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.

4. Termination of Access

Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that Pepperlake Communications may terminate your Access to the Pepperlake Communications or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Pepperlake Communications. Any such termination shall be in Pepperlake Communications’ sole discretion and may occur without prior notice, or any notice. Pepperlake Communications further reserves the right to terminate any user’s Access to the Pepperlake Communications or to any of the Products and Services for any conduct that Pepperlake Communications, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Pepperlake Communications or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Pepperlake Communications further reserves the right to terminate any user’s Access to any of the Products and Services for any reason or for no reason at all, in Pepperlake Communications’ sole discretion, without prior notice, or any notice.

5. Web Site Use by Minors

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.pepperlakellc.com/ or another of the URLs associated with the Pepperlake Communications. This Site is intended for the lawful use of members of the general public who are over the age of 16 years. In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some areas of Pepperlake Communications’ Web sites may contain material that is inappropriate for minors.

6. Permitted and Prohibited Uses

Subject to these Terms and Conditions, PC grants you a non-exclusive, non-transferable, limited right to access, use and view this Site, solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

    1. use this Site in any manner that could damage, disable, overburden or impair this Site;
    2. upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
    3. interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
    4. infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
    5. disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
    6. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the content in whole or in part;
    7. use or attempt to use another’s account, password, service, system or other information without prior written authorization from PC, or create or use a false identity on this Site;
    8. transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
    9. upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
    10. attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

7. Content Restrictions

You acknowledge and agree that the Pepperlake Communications and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content at any time, for any reason, or for no reason at all, with or without notice. Without limitation Pepperlake Communications and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Pepperlake Communications, in its sole discretion. Pepperlake Communications may also terminate Access to Pepperlake Communications, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Pepperlake Communications.

8. Preservation and Disclosure of Content

You expressly acknowledge and agree that the Pepperlake Communications may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pepperlake Communications, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Pepperlake Communications with regard to its users may be disclosed in accordance with Pepperlake Communications’ Privacy Policy.

9. Content Accuracy

You are responsible for the content and accuracy of all news copy and other information submitted. You represent and warrant to PC that (i) it has the right to deliver all information and copy submitted to it, (ii) it will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, and (iii) no information or copy submitted by you will contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person. You shall indemnify and hold harmless PC, its affiliated companies and its third party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of copy and other information provided by you.

PC reserves the right to reject or edit copy or other information when necessary in its judgment. PC reserves the right, at its sole discretion, to remove any press release from its Web site, pull any press release from distribution or deny approval to any press release

PC endeavors to have disseminated promptly and accurately all news and other information that it processes. Any inadvertent errors by PC will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of PC in this regard.

10. Distribution Policies and Restrictions

PC is not warranting or ensuring that Products or Services will be free from errors, including omissions, interruptions, delays, losses or defects, whether human or mechanical. PC makes no warranties, expressed or implied, as to its services, including but not limited to any warranties of merchantability or suitability for print or broadcast. The liability of PC and its affiliates to you shall be limited to the refund of the fees paid by you and in no event will PC or its affiliates be liable for any indirect, consequential, special, exemplary or incidental damages.

All news releases and other information transmitted by PC must contain a contact name and phone number and a clearly identifiable source supplied by you. The source gives legitimacy to the release by indicating who is responsible for the content and cannot be the name of an agency issuing news on your behalf.

PC does not warrant specific placement of any news release nor pick up on any news release on its wire, but will deliver a news release to the appropriate media point where an editor or reporter will best be able to decide on usage.

PC distributes press releases using a third-party service. You are subject to PRWeb’s Terms & Conditions of Service Clause.

11. Copyright and Trademarks

Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by PC. You may print or download one copy of the Content on this Site on a single computer for your personal, non commercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from PC, or PC’s content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from PC is prohibited.

12. License to User Content

With respect to any Content posted by or in connection with the Products and Services, you grant PC a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such. Such license shall apply with respect to any form, media, or technology now known or later developed.

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of PC’s or any third party’s intellectual property rights, whether by estoppels, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Pepperlake Communications and the Products and Services are protected by copyright, trademark, patent, or other proprietary rights of PC and its affiliates, licensors, and service providers.

13. Links and Third Party Web sites

PC provides to you, on this Site, links to Third Party Web sites operated by other entities. These Third Party Web sites will typically be identifiable through a change to the URL in your Web browser. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third Party Web site. Links to Third Party Web sites does not constitute an endorsement, sponsorship or recommendation by PC of the Third Party Web sites, the entities themselves or of any content, services or products available on or through such Third Party Web sites. If you use these Third Party Web sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that PC or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third Party Web site is authorized to use any trademark, trade name, logo or copyright symbol of PC. Third Party Web sites may create other contractual obligations between you and the third party entity in addition to these Terms and Conditions.

This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that PC shall not have any liability whatsoever to you for any such third party material, data or information.

14. Submission of Information

Although PC may provide certain security in an effort to protect the electronic transmission of certain information that you submit to PC through this Site, PC does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Web sites linked to this Site. Submission of any financial (e.g. credit card) or other information to this Site or to any Third Party Web sites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to PC through this Site.

You consent to receive communications from PC concerning your use of the Products and Services (”Communications”). The Communications may be those that PRWEB is required to send to you by law concerning the Products and Services (”Required Communications”). The Communications may also be those that PC sends to you for other reasons. You consent to receive Communications electronically. PC may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the PC Web site. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which PC sends Communications by visiting your account information page.

15. Agreement to Privacy Policy

PC respects your desire for privacy. PC’s Privacy Policy can be found here. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

16. Disclaimers

All Products and Services provided on or through this Site are provided “as is” and “as available” for your use. The content is provided without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Neither PC, their affiliates and related entities, nor any of their respective employees, agents, third party content providers or licensors warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, those exclusions may not apply to you.

17. Limit of Liability

In no event shall PC, or their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns be liable to you for your accessing of this site or under or related to this agreement for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused whether or not pc has been advised of the possibility of such damages, and their collective maximum liability to you under or related to this agreement shall in no event exceed one-hundred American dollars ($100 US). The limitations of liability and disclaimers in this agreement shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, PC’s liability in such jurisdictions shall be limited to the extent permitted by law.

18. Indemnity

You agree to defend, indemnify and hold harmless PC and their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.

19. Arbitration

You agree that all disputes or disagreements between you and us relating to these Terms and Conditions, our Privacy Policy, the use of this Site or any Service in any way, or to any related matter (a “Dispute”) will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of Utah law. Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the Salt Lake City, Utah. There shall be no discovery. The arbitrator shall not limit, expand or modify the terms of these Terms and Conditions nor award damages in excess of compensatory damages permitted under these Terms and Conditions, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against us. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.

20. Choice of Law

These Terms and Conditions shall be deemed to have been made and performed exclusively in Utah and shall be governed by and construed under the laws of Utah and the laws of the United States applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Utah for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against PC (or any officer, director, partner or employee thereof) in any jurisdiction other than Utah.

21. General

The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between PC and you with respect to your use of this Site. PC’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.

These obligations shall be binding on the recipient’s heirs, successors and assigns.

This Agreement shall be governed by and construed under the laws of Utah without reference to conflict of laws.

By its registration for service, submission of copy and/or other information to Pepperlake Communications, you agree to be bound by the foregoing Terms and Conditions.