Mudd Advertising Terms & Conditions

1. Payment in full must be received by Mudd Advertising prior to the Payment Due Date. Interest will accrue on past due accounts at the rate of 1.5% per month (18% APR). Mudd’s Sales Manager will arrange payment with you.
2. If sales or use tax is not stated on the invoice, it is not an indication that no sales or use tax is due
It is understood that a sales tax or use tax, or other similar tax, may arise under state, county, or local laws. These taxes are to be paid by the Client [when not present on the invoice]. Client agrees to indemnify Mudd Advertising and hold Mudd Advertising harmless from and against all claims for sales and/or use tax arising out of the sale of goods and services covered by this agreement.
3. The Client signing below acknowledges that Mudd Advertising is the owner of all copyrights of the promotional materials and all trademarks which appear in the promotional materials, and Client agrees not to use, re-use or copy the promotional materials or the trademarks therein without permission of Mudd Advertising.
4. Mudd Advertising is not responsible for late or undeliverable mail.
5. When applicable, Client acknowledges that Mudd Advertising will purchase a mailing list from a third-party vendor as part of the direct mail promotion and that the information contained in said mailing list is owned by Mudd Advertising. Client understands that its rights to the use of the mailing list is limited to this promotion and that Client is not authorized to make any further use of the mailing list for any purpose whatsoever. Client agrees to indemnify Mudd Advertising and hold it harmless from and against any claims based on Client's unauthorized use of the information contained in the mailing list.
6. If the promotion is canceled at any time after the agreement is signed by Client, Client shall pay liquidation damages to Mudd Advertising equal to one half (50%) the amount billed.
7. Mudd warrants that it will: A) Secure the privacy of all information contained within a client's database. B) Not misuse, distribute, or sell any of the information contained within a client's database.
8. This agreement shall be governed by the laws of the State of Iowa and all parties agree to submit to the jurisdiction of any court located within Black Hawk County, Iowa. All costs and expenses incurred by Mudd Advertising to enforce this agreement, including Mudd Advertising's reasonable Attorney fees, shall be paid by Client.
9. Recurring products will be billed monthly until cancelled. Cancellation requests must be given 30 days in advance.
10. Mudd makes no warranties of any kind, either expressed or implied, including but not limited to, any and all implied warranties of: 1) merchantability; 2) fitness or particular purpose; 3) effort to achieve purpose; 4) quality; 5) accuracy; 6) non-infringement; 7) title; 8) marketability; 9) profitability; 10) suitability: and/or 11) any type arising from course of performance, course of dealing or usage of trade. No warranty is made regarding the results that may be obtained by using Mudd products and services.
11. LIMITATION OF LIABILITY. Notwithstanding any other provision of this agreement, under no circumstances shall Mudd be liable for any incidental, consequential or special damages {including but not limited to loss of data, loss of use, loss of revenues, loss of profits or delay damages} even if Mudd was advised of the possibility of such damages or losses. In any case, Mudd's aggregate liability under this agreement shall be limited to the amount actually paid by you to Mudd hereunder for the Mudd products and services.
Information Received from Clients
With respect to this data, Mudd is acting as a “service provider” for its clients. The client is the “business” subject to the CCPA. The law defines a “service provider” as an entity that processes information on behalf of a business and to which the business discloses personal information for a business purpose pursuant to a contract that prohibits the service provider from retaining, using, or disclosing the information for any purpose other than for the specific purpose of performing the contractually specified services.
Mudd agrees that it will not retain, use, or disclose personal information received, or to which Mudd is granted access, in connection with its performance of its obligations under this agreement for any purpose outside of (1) performing its obligations under this agreement, or (2) its direct business relationship with our customers, unless as otherwise directed by our customer.
YOUR CALIFORNIA PRIVACY RIGHTS
California residents may also take advantage of the following rights:
· Access Requests: You may request, up to two times each year, that we disclose to you the following details about the information that we collected about you from third parties: (1) the categories and specific pieces of personal information collected; (2) the categories of sources of that information; (3) the business or commercial purpose for collecting that information; (4) the categories of third parties with whom we shared that information; and (5) the business or commercial purpose for sharing that information.
· Deletion Requests: You may request that we delete any personal information that we collected about you from third parties. Please note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction, detect and protect against fraudulent and illegal activity, exercise our rights, or comply with a legal obligation.
To take advantage of any of these rights, please contact us at Privacy@mudd.com or 855-520-5650. For verification purposes, please include your name, email and/or mailing address. To take advantage of these rights with respect to information we receive or collect in our role as a service provider, please contact the data owner (our client) directly. We value your privacy and will not discriminate in response to your exercise of your privacy rights. We do not sell your personal information.
For purposes of compliance with the California Consumer Privacy Act, we also make the following disclosures:
· We collect the following categories of personal information: Identifiers/contact Information (including information defined as “personal information” in the California Customer Records law or as a protected classification under California or federal law), commercial information, internet or other electronic network activity information, geolocation, professional or employment-related information, education information, and inferences drawn from the above.
· We disclose the following categories of personal information for a business purpose: Identifiers/contact Information (including information defined as “personal information” in the California Customer Records law or as a protected classification under California or federal law), commercial information, internet or other electronic network activity information, geolocation, professional or employment-related information, education information, and inferences drawn from the above.