Terms of Service

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between Sac Town Host (a business operating under a Fictitious Business Name registered in Sacramento County, California) and the business entity or individual ("Client," "you," or "your") accessing sactownhost.com or purchasing any advertising services offered through the Site.

BY CLICKING "HOLD MY SPOT," "SUBMIT," "RESERVE," OR BY COMPLETING AN ONLINE ADVERTISING RESERVATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY.

Sac Town Host operates as a cooperative direct mail advertising publisher. We organize, produce, and distribute large-format postcard mailers to targeted residential delivery routes in Sacramento and surrounding areas using the United States Postal Service's Every Door Direct Mail (EDDM) program.

Our service includes: sale of designated advertising space ("Ad Slot") on a shared postcard layout, coordination of ad proof production, commercial printing, and submission and postage via USPS EDDM bulk mail protocol.

Sac Town Host is not an advertising agency, graphic design firm, or media buyer. All services are provided on a per-campaign basis as described on the Site at the time of reservation.

By reserving an Ad Slot, you represent and warrant that:

• You are at least 18 years of age
• You are acting on behalf of a legitimate, lawfully operating business entity
• The business, products, services, and content you advertise comply with all applicable laws
• You are not using the Site for any fraudulent, deceptive, or unlawful purpose

Sac Town Host reserves the right to refuse service to any Client at our sole discretion, including refusals based on content that is unlawful, obscene, defamatory, or incompatible with the cooperative nature of the shared mailer.

4.1 Hold Request. Completing an online reservation form submits a "Hold Request" for the selected Ad Slot. Your Slot is not guaranteed until confirmed in writing by Sac Town Host via email.

4.2 Reservation Confirmation. Upon receipt of your Hold Request, a Sac Town Host representative will contact you within 48 hours to confirm availability, review your advertising requirements, collect required payment, and outline campaign deadlines.

4.3 Industry Exclusivity. Sac Town Host endeavors to limit one advertiser per industry per mailer on a first-come, first-confirmed basis. Industry exclusivity is not guaranteed until a reservation is fully confirmed and payment is received.

All Ad Slot pricing is as posted on the Site at the time of reservation, stated in U.S. Dollars. Full payment is due at the time of reservation confirmation unless otherwise agreed in writing. Payments are processed through Stripe, Inc. pursuant to Stripe's terms and conditions.

6.1 No Refunds After Confirmation. ALL ADVERTISING SLOT RESERVATIONS ARE FINAL AND NON-REFUNDABLE ONCE CONFIRMED BY SAC TOWN HOST IN WRITING AND PAYMENT IS RECEIVED. You acknowledge that Sac Town Host incurs immediate, non-recoverable costs upon your reservation confirmation, including layout design costs, slot removal from the active sales inventory, printer scheduling, and campaign coordination.

No refund, credit, exchange, or carryover to a future campaign will be issued for any reason, including but not limited to: cancellation by Client, dissatisfaction with ad performance, change of business circumstances, failure to provide ad artwork by the stated deadline, or any force majeure event.

6.2 Forfeiture of Slot. If Client fails to provide approved ad artwork by the campaign deadline, the slot will be published with a generic placeholder at Sac Town Host's sole discretion, with no refund or credit issued.

6.3 Chargeback Prohibition. Client expressly agrees not to initiate a chargeback, payment dispute, or reversal with their payment provider for any completed Ad Slot purchase that complies with these Terms. Sac Town Host reserves the right to recover the disputed amount plus reasonable legal fees and costs in the event of a wrongful chargeback.

7.1 Digital Proof Review. Prior to sending the Mailer to print, Sac Town Host will provide Client with a digital proof ("Proof") of the Client's advertisement as it will appear in the final postcard layout.

7.2 Client's Absolute Duty to Review. Upon receipt of the Proof, Client bears the sole and absolute responsibility to review the Proof in its entirety for all errors, including: typographical errors, incorrect telephone numbers, addresses, URLs, or QR codes; inaccurate pricing or offers; color, logo, or brand discrepancies; and omitted content.

7.3 Approval is Final and Binding. When Client communicates written approval of the Proof — whether by email reply, clicking a digital approval button, or any other affirmative written confirmation — such approval constitutes Client's irrevocable acceptance. Upon approval:

• Client assumes 100% of all liability for any and all errors, omissions, or inaccuracies in the advertisement as approved
• Sac Town Host is fully and completely released from any claim arising from any error in the approved advertisement
• Client permanently waives any right to a refund, reprint, partial credit, chargeback, or legal claim based on any content error

7.4 Deemed Approval. If Client does not respond to a Proof delivery email within the deadline specified by Sac Town Host (minimum 48 hours' notice), Sac Town Host reserves the right to proceed to print using the submitted artwork as-is, with the same Client liability provisions applying in full.

8.1 Completion of Performance. Sac Town Host's legal obligation of performance under this Agreement is complete and fully discharged upon obtaining a stamped and accepted USPS Form 3602-R from a United States Postal Service Business Mail Entry Unit (BMEU) for the applicable campaign mailing.

8.2 No Liability for USPS Operations. Once the Mailer has been accepted by the USPS and a Form 3602-R has been issued, delivery, routing, timing, and distribution are exclusively within the operational control of the United States Postal Service — an independent agency of the federal government. Sac Town Host has no ability to direct, expedite, reroute, trace, or guarantee USPS delivery performance.

8.3 Specific Exclusions. Sac Town Host is not liable for:

• Delays caused by USPS regional or national sorting facility backlogs
• Delayed, missed, or incomplete delivery to any portion of the target mail route
• USPS delivery route changes, consolidations, or realignments
• Mailers lost, damaged, or destroyed during USPS transit or handling
• EDDM delivery sequencing or timing discrepancies
• Mail that is undeliverable due to vacancies or address changes

8.4 EDDM Saturation. Sac Town Host makes no guarantee regarding the specific number of households reached, the demographic composition of recipients, or the response rate of any campaign. All mailing reach estimates are based on current USPS route data and are subject to change.

9.1 Content Warranties. By submitting any artwork, logos, text, photographs, or other creative materials ("Client Content") to Sac Town Host, Client represents and warrants that:

• Client is the sole and lawful owner of all Client Content, or has obtained all necessary licenses and permissions
• The Client Content does not infringe upon any copyright, trademark, trade dress, trade secret, patent, right of publicity, or other intellectual property right of any third party
• The Client Content does not constitute false advertising or violate the FTC Act, California Business & Professions Code § 17500, or any other consumer protection law
• The Client Content does not contain defamatory, obscene, harassing, or unlawful material
• Any claims, offers, or testimonials included in the Client Content are truthful and substantiated

9.2 Indemnification Obligation. Client agrees to defend, indemnify, and hold harmless Sac Town Host and its owners, officers, employees, contractors, agents, successors, and assigns from and against any and all claims, lawsuits, damages, liabilities, settlements, judgments, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Any actual or alleged infringement of any intellectual property right by the Client Content
• Any claim that any element of the Client Content is defamatory, false, misleading, or in violation of any person's rights
• Any regulatory action arising from the Client Content
• Client's breach of any representation, warranty, or obligation under these Terms
• Client's negligence, willful misconduct, or fraud

10.1 Cap on Damages. TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, SAC TOWN HOST'S TOTAL CUMULATIVE LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO SAC TOWN HOST FOR THE SPECIFIC CAMPAIGN THAT GAVE RISE TO THE CLAIM.

10.2 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, IN NO EVENT SHALL SAC TOWN HOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES.

THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. SAC TOWN HOST DOES NOT WARRANT THAT THE SERVICES WILL PRODUCE ANY SPECIFIC BUSINESS RESULTS, LEADS, SALES, CONVERSIONS, OR ROI FOR CLIENT.

12.1 Governing Law. These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws principles.

12.2 Venue. Any legal action shall be brought exclusively in the state or federal courts of competent jurisdiction located in Sacramento County, California.

12.3 Informal Resolution. Before initiating formal legal proceedings, each party agrees to attempt to resolve any dispute informally by providing written notice and negotiating in good faith for a period of 30 days.

12.4 Attorneys' Fees. In any legal action arising from this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs.

Sac Town Host reserves the right to modify these Terms at any time. Updated Terms will be posted on the Site with a revised Effective Date. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with the Privacy Policy and any Reservation Confirmation issued by Sac Town Host, constitute the entire agreement between the parties.

Sac Town Host
Elk Grove, California
info@sactownhost.com
sactownhost.com