Effective Date: October 1, 2025
Welcome to the Target River website (the “Site”). These Terms & Conditions (the “Terms”) are a legally binding agreement between you (“you,” “your,” or the “User”) and Target River, LLC and/or its affiliates (“Target River,” “we,” “us,” or “our”) that govern your access to and use of the Site and any content, functionality, and services offered through it.
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy (collectively, the “Agreement”). If you do not agree, do not use the Site.
1. Who We Are; Our Services
Target River is a full‑service marketing agency that provides a range of online and offline marketing, creative, and consulting services to businesses, nonprofits, educational institutions, and government entities. Any proposals, statements of work (each, an “SOW”), insertion orders, or service agreements you sign with us are governed by their own terms and conditions in addition to these Terms. In the event of a conflict between this Agreement and an executed SOW, the SOW will control for the specific services covered by it.
2. Changes to the Terms and the Site
We may update the Site and these Terms from time to time in our discretion. When we post changes, we will update the “Effective Date” above. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
3. Eligibility; Geographic Restrictions
The Site is offered to users who are 18 years of age or older. We control and operate the Site from the United States and make no representation that the Site is appropriate or available for use in other jurisdictions. Access to the Site may not be legal by certain persons or in certain countries. You are responsible for compliance with local laws.
4. Accounts; Accuracy of Information
Certain features may require you to provide contact information or create an account. You agree that all information you provide is true, accurate, current, and complete, and that you will maintain and promptly update it. You are responsible for all activity that occurs under your account or using your contact details.
5. Proposals, SOWs, and Orders
Estimates, proposals, media plans, and SOWs we provide are offers for services valid for the period stated on the document (or 30 days if not stated) and are subject to availability of resources and third‑party inventory. Work will commence only after written acceptance (including e‑signature) and any required deposit. Unless the governing SOW states otherwise, timeframes are estimates and depend on timely client reviews and inputs.
6. Fees, Invoicing, and Payment
Unless an SOW provides different terms: (a) fees are due net fifteen (15) days from invoice date; (b) media, ad‑platform, printing, and other third‑party pass‑through costs may be billed in advance or as incurred; (c) late amounts may accrue interest at 1.5% per month (or the maximum allowed by law, if lower); and (d) you are responsible for reasonable collection costs, including attorneys’ fees. All fees are exclusive of taxes; you are responsible for any applicable sales, use, VAT, GST, or similar taxes (excluding taxes based on our income).
7. Client Responsibilities and Materials
You will provide timely access to information, personnel, branding assets, product data, claims substantiation, and any third‑party accounts (e.g., ad platforms, analytics, website CMS) reasonably needed for us to perform. You represent that you own or have obtained all rights in any materials you provide and that our use will not infringe or violate any third‑party rights or applicable laws, including advertising standards and sector‑specific rules (e.g., education, government, financial services, healthcare).
8. Intellectual Property
8.1 Site IP. The Site and its content, features, and functionality (including text, graphics, logos, icons, images, videos, software, and the design, selection, and arrangement thereof) are owned by Target River or our licensors and are protected by U.S. and international laws. Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material on the Site without our prior written consent.
8.2 Work Product. Unless an SOW states otherwise, Target River retains all rights, title, and interest in and to any methodologies, software, tools, templates, pre‑existing materials, and know‑how used or developed in providing the services. Upon full payment of applicable fees, we grant you a non‑exclusive, non‑transferable, worldwide license to use any final deliverables identified in the SOW for your internal business purposes.
8.3 Client Marks. You grant Target River a limited, non‑exclusive, royalty‑free license to display your name, logos, marks, testimonials, and case study information in our portfolio, pitch materials, and on the Site, subject to any reasonable brand‑guideline restrictions you provide in writing.
9. Acceptable Use
You agree not to: (a) use the Site in any way that violates applicable law; (b) decompile, reverse engineer, or otherwise attempt to derive the Site’s source code; (c) access or use the Site to build a competing product or service; (d) introduce viruses, malware, or other harmful code; (e) attempt to gain unauthorized access to the Site or related systems; or (f) interfere with any other user’s use of the Site.
10. User Feedback and Submissions
If you submit questions, ideas, suggestions, testimonials, or other feedback (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use, reproduce, modify, and publish the Feedback for any purpose, without compensation to you, provided we will not attribute testimonials without your consent.
11. Third‑Party Services and Links
The Site may contain links to third‑party websites, platforms, or services (collectively, “Third‑Party Services”). We do not control and are not responsible for Third‑Party Services. Your use of Third‑Party Services is at your own risk and subject to the terms and policies of those third parties.
12. Privacy; Cookies
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and disclose information about you, and by any cookie notices we provide. By using the Site, you consent to our data practices as described in those notices.
13. No Warranties
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TARGET RIVER OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR DATA LOSS, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE SERVICES, EVEN IF FORESEEABLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR, FOR CLAIMS RELATING TO PAID SERVICES UNDER AN SOW, THE AMOUNT YOU PAID TO TARGET RIVER FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
15. Indemnification
You agree to defend, indemnify, and hold harmless Target River and our officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) your use of the Site; (c) any content you provide; or (d) your violation of any law or third‑party rights.
16. Accessibility
We aim to make the Site accessible to the widest possible audience and to improve accessibility over time. If you experience difficulty accessing content on the Site, please contact us using the information in Section 20.
17. Suspension and Termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or if necessary to protect the Site, our users, or third parties. Upon termination, the rights and licenses granted to you under these Terms will immediately cease.
18. Governing Law; Dispute Resolution
These Terms and any dispute or claim arising out of or related to them are governed by the laws of the State of Utah, without regard to its conflict‑of‑laws rules. You agree that the state and federal courts located in Salt Lake County, Utah will have exclusive jurisdiction and venue over any suit not subject to arbitration.
Optional Arbitration. At our election, any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration will take place in Salt Lake County, Utah, before a single arbitrator, and the award may be entered in any court of competent jurisdiction.
19. DMCA; Claims of Infringement
If you believe that content on the Site infringes your copyrights, please send a notice containing the information required by 17 U.S.C. § 512(c)(3) to the contact in Section 20. We will respond in accordance with the Digital Millennium Copyright Act.
20. Contact Information
If you have questions about these Terms or the Site, please contact us at:
Target River
650 S 500 W, Suite 188, Salt Lake City, UT 84101, United States
Phone: 801‑877‑3045
You may also contact our Encinitas, California office at 1089 Rancho Santa Fe Rd, Encinitas, CA 92024, United States; or our Lehi, Utah office at 3300 N Triumph Blvd, Suite 100, Lehi, UT 84043.
21. Miscellaneous
These Terms constitute the entire agreement between you and Target River regarding your use of the Site and supersede all prior and contemporaneous understandings. If any provision is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. You may not assign any of your rights or obligations under these Terms without our prior written consent; any attempted assignment in violation of this provision is void. We may assign our rights and obligations without restriction. No waiver by us of any term will be deemed a further or continuing waiver of such term or any other term. Sections that by their nature should survive termination (including Sections 8–15 and 18–21) will survive.
