Terms of Use

By accessing, browsing, or otherwise using salinasmarketing.com (the “Website”), you acknowledge that you have read these Terms of Use (these “Terms”), that you understand them, and that you agree to be bound by them without limitation or qualification. If you do not agree to every provision of these Terms, do not access or use the Website.

The Website is operated by Briccs LLC, a California limited liability company doing business as Salinas Marketing (“Salinas Marketing,” “we,” “us,” or “our”). “You” means the individual accessing the Website and, where that individual is acting for a company or other organization, that organization as well. Anyone who accepts these Terms on behalf of an organization represents that they have authority to bind it.

We may revise these Terms at any time, for any reason, and without prior notice to you. We may also change, suspend, limit, or discontinue any part of the Website, including its content, appearance, features, and availability, at any time and without notice.

A revision takes effect when it is posted on this page, and the date at the top of this document tells you when the version you are reading was issued. Your continued use of the Website after a revision is posted is your acceptance of it. You are responsible for reviewing these Terms from time to time; we have no obligation to notify you individually of a change.

The Website is operated from the United States and is directed only to individuals and entities located in the United States. We make no representation that the Website, or any content on it, is appropriate, lawful, or available for use in any other place.

The Website is not directed to any jurisdiction in which its publication or availability would violate local law or would subject us to any registration or licensing requirement in that jurisdiction. If you access the Website from outside the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with the laws that apply where you are.

You must be at least 13 years old to use the Website. If you are under the age of majority in the state where you live, you may use the Website only with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Website.

By using the Website you represent that you meet these requirements, that you have the legal capacity to enter into these Terms, and that your access has not previously been suspended or terminated by us.

The Website allows you to send us information. A message through our contact form, a request for an audit or a proposal, an email, a review, and any other material you submit, transmit, or make available to us through the Website are together your “User Content.”

You keep whatever intellectual property rights you hold in your User Content. By submitting it, you grant us a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, transferable, and perpetual license to use, host, store, cache, reproduce, modify, adapt, publish, translate, create derivative works from, publicly display, publicly perform, and distribute that User Content in any media now known or later developed, for the purposes of operating, providing, securing, promoting, and improving the Website and our services. This license survives any termination of your access to the Website.

You represent and warrant that you own or otherwise control all rights in the User Content you submit; that it is accurate to the best of your knowledge; that it does not infringe or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any person; and that our use of it as described above will not violate any law or any agreement to which you are a party.

We are not obligated to monitor User Content and we assume no responsibility for it. We may remove, refuse, edit, decline to post, or delete any User Content, in whole or in part, at any time, for any reason or for no reason, without notice and without liability to you. We may also disclose User Content where we believe in good faith that disclosure is required by law or is reasonably necessary to protect our rights, our clients, our users, or the public.

Do not send us confidential information through the Website. Unless we have signed an agreement with you that provides otherwise, anything you submit through the contact form or by email is not received in confidence and is not subject to any obligation of confidentiality on our part.

We do not accept unsolicited ideas. Please do not send us unsolicited campaign concepts, creative treatments, business proposals, or other ideas. If you send them anyway, you agree that they are not submitted in confidence, that we owe you no obligation of any kind in respect of them, and that we remain free to develop, acquire, commission, or use material that is similar to or competitive with them, from any source, without any obligation to you.

Everything on the Website that is not User Content, including the software, code, design, layout, structure, text, graphics, photographs, illustrations, video, audio, data, case studies, and the selection and arrangement of all of it (together, “Our Content”), is owned by us or by our licensors and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

“Salinas Marketing,” the Salinas Marketing logotype, and the other names, logos, slogans, and service designations that appear on the Website (together, the “Marks”) are our trademarks or service marks or those of our licensors. Third-party names, logos, and marks that appear on the Website are the property of their respective owners, and their appearance does not imply any endorsement, sponsorship, affiliation, or partnership between those owners and us except where the Website expressly says so.

You may view Our Content, and you may download or print a single copy of a page for your own personal, non-commercial reference, provided you keep every copyright, trademark, and other proprietary notice intact. That is the only right in Our Content that we grant you.

You may not copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, lend, modify, translate, adapt, or create derivative works from Our Content, in whole or in part, without our prior written permission. You may not use any of the Marks, including in a metatag, hidden text, domain name, social media handle, advertising keyword, or comparative advertisement, without our express prior written consent. No license or right in Our Content or the Marks is granted by implication, estoppel, or otherwise.

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for its intended purpose: to learn about our services and to contact us about them.

You agree that you will not, and will not authorize or permit anyone else to:

• violate any applicable law or regulation, or any provision of these Terms;
• infringe or misappropriate the intellectual property, privacy, publicity, or other rights of any person;
• submit or transmit anything that is unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, hateful, discriminatory, or invasive of another person’s privacy;
• send unsolicited or unauthorized advertising, promotional material, spam, chain letters, or any other form of solicitation through the Website, or to any address or telephone number obtained from it;
• use any robot, spider, scraper, crawler, or other automated means to access, monitor, copy, index, or extract any part of the Website, or to harvest email addresses, telephone numbers, or other contact information from it, without our prior written consent;
• use the Website or Our Content to train, fine-tune, evaluate, or otherwise develop any machine learning model, artificial intelligence system, or dataset, without our prior written consent;
• introduce any virus, worm, trojan horse, logic bomb, or other malicious or technologically harmful code;
• probe, scan, or test the vulnerability of the Website or any related system, or breach or circumvent any security, authentication, or rate-limiting measure;
• reverse engineer, decompile, or disassemble any part of the Website, or attempt to derive its source code, except to the extent that this restriction is prohibited by applicable law;
• impersonate any person or entity, or misrepresent your identity or your affiliation with any person or entity;
• interfere with or disrupt the Website or the servers and networks that make it available, or place an unreasonable or disproportionately large load on them; or
• frame, mirror, or otherwise incorporate any part of the Website into another website or application without our prior written consent.

We may investigate any suspected violation of this section and may involve and cooperate with law enforcement. Any violation of this section terminates the license granted in this Section 7 immediately and automatically, without notice.

The Website may contain links to, and may embed or integrate with, websites, applications, and services operated by third parties, including mapping, scheduling, form delivery, email, and similar tools. Those links and integrations are provided for your convenience only.

We do not control, endorse, monitor, or verify any third-party website or service, and we are not responsible for its content, accuracy, availability, security, or privacy practices. Your use of a third-party website or service is at your own risk and is governed by that third party’s own terms and privacy policy rather than by ours. We may add, change, suspend, or remove any third-party link or integration at any time and without notice.

We may use server logs and analytics tools to understand how the Website is used, including which pages are requested, how visitors move between them, how long a page is open, and general information about the browser, operating system, and device making the request. Where such tools are used, some of that data may be collected and processed on our behalf by third-party providers.

Our Privacy Policy describes what we collect, what technologies we do and do not currently deploy, and the choices available to you.

The Website may contain typographical errors, inaccuracies, or omissions, including in descriptions of our services, in statements about pricing, packages, or availability, in case studies and portfolio pieces, and in any figure we publish. We do not warrant that any content on the Website is complete, current, accurate, or error-free.

We reserve the right to correct any error, inaccuracy, or omission, and to change or update any content on the Website, at any time and without prior notice. Nothing on the Website is an offer capable of acceptance; a proposal becomes an offer only when we issue it to you in writing.

Marketing is not a product with a guaranteed output, and nothing on this Website should be read as promising one.

Everything we publish about our work, including case studies, audits, portfolio pieces, figures, testimonials, and statements by clients, describes what happened in a particular engagement, for a particular business, in a particular market, at a particular time. Those results are not typical, are not a projection, and are not a representation of what will happen for you or for anyone else.

We do not represent, warrant, or guarantee any specific outcome from any marketing, search engine optimization, advertising, website, content, social media, or automation service. Nothing on the Website is a promise of any particular search ranking or position, impression volume, click volume, traffic level, conversion rate, cost per click or per lead, lead count, appointment count, revenue figure, return on advertising spend, or profit.

Results depend on factors outside our control, including your market, your competitors, your pricing, your reputation, your capacity to answer and convert the enquiries you receive, your budget, seasonality, and the independent decisions of search engines, advertising platforms, marketplaces, and social networks, all of which change their algorithms, policies, eligibility rules, and pricing at their own discretion and without notice to us. Any timeline, projection, estimate, or example figure that appears on the Website is illustrative only.

If you engage us, the services we perform for you are governed by a separate written agreement between you and us. That agreement, and not these Terms, states what we have undertaken to do, on what terms, and for what fee. In the event of any conflict between that agreement and these Terms with respect to the services it covers, that agreement controls. Nothing on this Website adds to, varies, waives, or creates any obligation under it.

The content on the Website is provided for general informational and marketing purposes only. It is not advice, it is not tailored to your circumstances, and it is not a substitute for professional judgment applied to the facts of your business.

Nothing on the Website constitutes legal, accounting, tax, financial, investment, employment, regulatory, or other professional advice. No attorney-client, fiduciary, advisory, agency, or other professional relationship is created by your use of the Website, by your reading anything on it, by your submitting a form or requesting an audit, or by any communication that follows, unless and until you and we have signed a written agreement.

Where the Website describes advertising platform rules, search engine behavior, privacy or accessibility requirements, or any other third-party policy or legal standard, that description is a general summary that may be incomplete or out of date. It is not a determination that you, your website, or your advertising are or are not in compliance with anything.

Consult a qualified professional in the relevant field before acting on anything you read here. You are solely responsible for evaluating the content on the Website and for any decision you make, or decline to make, on the basis of it.

Our Privacy Policy explains what personal information we collect through the Website, how we use and disclose it, how long we keep it, and what rights California residents have in it. That policy is incorporated into these Terms by reference and forms part of them.

By using the Website or providing us with your personal information, you agree that your information may be handled as the Privacy Policy describes.

THE WEBSITE AND ALL CONTENT, MATERIALS, AND FUNCTIONALITY MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranty arising out of a course of dealing, course of performance, or usage of trade.

We do not warrant that the Website will be available, uninterrupted, timely, or secure; that any defect or error will be corrected; that the Website or the servers that make it available are free of viruses or other harmful components; or that any content on the Website is accurate, complete, reliable, or current. No advice or information, whether oral or written, that you obtain from us or through the Website creates any warranty that is not expressly stated in these Terms.

Your use of the Website is at your sole risk, and you are solely responsible for any damage to your device or computer system, and for any loss of data, that results from it.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of implied warranties. In those jurisdictions the exclusions above apply to the fullest extent permitted, and any implied warranty that cannot lawfully be excluded is limited in duration and in scope to the minimum permitted by law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SALINAS MARKETING NOR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE, WHETHER THE CLAIM IS BROUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100).

These limitations apply to the fullest extent permitted by law and are a fundamental basis of the bargain between you and us. The Website is made available to you free of charge and we would not make it available on any other basis.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In those jurisdictions our liability is limited to the smallest amount permitted by law. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

You agree to defend, indemnify, and hold harmless Salinas Marketing and its members, managers, officers, directors, employees, contractors, agents, suppliers, and licensors from and against any claim, demand, action, proceeding, liability, damage, loss, judgment, settlement, cost, or expense, including reasonable attorneys’ fees and the costs of investigation, arising out of or relating to:

• your access to or use of the Website;
• your User Content;
• your breach of these Terms or of any representation or warranty you make in them;
• your violation of any law or of the rights of any third party; or
• any dispute between you and any third party in connection with the Website.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with that defense. You will not settle any matter that imposes any obligation on us, or that requires any admission by us, without our prior written consent.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO HAVE A CLAIM HEARD BY A JURY.

Informal resolution comes first

Most disputes can be settled without a formal proceeding, and we require both sides to try. Before either of us begins an arbitration, the party with the complaint must send the other written notice describing the dispute, the facts it rests on, and the specific resolution being sought. Send your notice to [email protected]; we will send ours to the email address you most recently gave us.

Both parties then have sixty (60) days from the date the notice is received to resolve the dispute in good faith. That period must include at least one telephone or video conference between the parties or their representatives if either side asks for one, and it may be extended by written agreement. Completing this process is a condition precedent to beginning an arbitration, and any applicable limitations period is tolled while it runs.

Agreement to arbitrate

Except as stated under “Exceptions” below, you and we agree that any dispute, claim, or controversy arising out of or relating to the Website, these Terms, or the relationship between us, including any question about the formation, breach, termination, enforceability, or validity of these Terms, will be resolved by final and binding arbitration rather than in court, before a single arbitrator, and on an individual basis only.

The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules then in effect, which are available at adr.org. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator has exclusive authority to decide all issues relating to the scope, interpretation, applicability, enforceability, and validity of this arbitration agreement, except that a court, and not the arbitrator, decides whether the Class Action Waiver below is enforceable. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

How an arbitration is started

Before filing a demand for arbitration with the AAA, the party seeking arbitration must send the other party written notice of its intention to do so at least five (5) days in advance, at the addresses given above. That notice is in addition to, and does not replace or shorten, the informal resolution process described at the start of this section.

Class action waiver

YOU AND WE EACH AGREE THAT ANY CLAIM WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief on that party’s own claim.

Exceptions

This section does not require arbitration of:

• a claim that qualifies for a small claims court and is brought there, for as long as it remains in that court and remains an individual claim;
• an application to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other emergency or provisional relief, to preserve the status quo or to prevent the actual or threatened infringement or misuse of intellectual property or confidential information, pending the outcome of arbitration; or
• the filing of a complaint with, or the pursuit of any remedy through, a federal, state, or local government agency, which you may do regardless of anything in these Terms.

Waiver of jury trial

IF FOR ANY REASON A DISPUTE BETWEEN YOU AND US PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

If part of this section cannot be enforced

If the Class Action Waiver is held unenforceable as to a particular claim or a particular request for relief, that claim or request will be severed and heard in a court of competent jurisdiction under Section 19, and the remaining claims will proceed in arbitration. If any other provision of this Section 17 is held unenforceable, it will be severed and the rest of this Section 17 will remain in full force.

We may suspend, restrict, or terminate your access to the Website, in whole or in part, at any time, for any reason or for no reason, in our sole discretion, without notice and without any liability to you. You may stop using the Website at any time.

Any violation of these Terms terminates the license granted in Section 7 immediately and automatically, without notice.

The following sections survive any termination or expiration of these Terms and any end of your access to the Website: Section 6 (Intellectual Property), Section 11 (No Guarantee of Results), Section 12 (Informational Purposes; No Professional Advice), Section 14 (Disclaimer of Warranties), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 17 (Arbitration Agreement and Class Action Waiver), Section 18 (Termination), and Section 19 (Governing Law and Venue), together with the license you grant us in Section 5 and any other provision that by its nature should survive.

These Terms, and any dispute arising out of or relating to them or to the Website, are governed by the laws of the State of California, without regard to its conflict-of-law principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

For any claim that is not subject to arbitration under Section 17, and for any action to compel arbitration or to enforce, confirm, modify, or vacate an arbitration award, you and we agree to the exclusive jurisdiction of the state and federal courts located in San Benito County, California. You consent to the personal jurisdiction of those courts and waive any objection to venue in them, including any objection based on inconvenient forum.

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or, if it cannot be, severed, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other, and no waiver is effective unless it is in writing and signed by us. A waiver on one occasion is not a waiver on any other.

Assignment. You may not assign or transfer these Terms, or any right or obligation under them, without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, without your consent and without notice, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us with respect to the Website, and they supersede every prior or contemporaneous understanding on that subject. As stated in Section 11, a signed services agreement between you and us governs the services it covers and controls over these Terms with respect to those services.

Time limit on claims. To the extent permitted by applicable law, any claim arising out of or relating to the Website or these Terms must be brought within one (1) year after the claim arises, or it is permanently barred.

Events beyond our control. We are not liable for any failure or delay in making the Website available that is caused by an event beyond our reasonable control, including an act of nature, fire, flood, epidemic, labor dispute, act of war or terrorism, civil disturbance, governmental action, power or telecommunications failure, denial of service attack, or the act or omission of a hosting, network, or other service provider.

Notices. We may give you notice by email to the address you most recently provided, or by posting on the Website. You must give us notice by email to [email protected] or by mail to the address in Section 22.

Interpretation. Headings are for convenience only and do not affect meaning. “Including” means “including without limitation.” These Terms will not be construed against the drafting party.

Under California Civil Code Section 1789.3, California residents are entitled to the following notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

The Website is provided to you free of charge, and we impose no fee for access to or use of it.

If you have questions about these Terms, or you need to send us a notice under them, reach us at: