Terms and Conditions
This is a binding legal agreement. By receiving AMB Media, LLC’s (operating and doing business as “Southtree”) Terms and Conditions, by using this website, or by making any purchase of any good or service from Southtree, either through its website or otherwise, you acknowledge that this is a binding legal agreement between you and Southtree. These Terms and Conditions define the rights, obligations, and limitations of liability for both Southtree and you as the customer. You agree to be bound by each of the following terms and to operate by these Terms and Conditions.
Privacy Notice. Southtree maintains a separate Privacy Notice that explains what information we gather and what we do with it. You can view that by clicking [here].
These Terms and Conditions May Change. It may be necessary for Southtree to periodically update these Terms and Conditions. Southtree reserves the right to update or amend these Terms and Conditions at any time.
Eligibility. Southtree offers its services only to adults who can purchase them with a credit card or other permitted method of payment. If you are under 18, you may use Southtree’s services only with the involvement of a parent or guardian.
Refusal of Service. Southtree, in its sole discretion, reserves the right to refuse service to any persons, terminate any accounts, reject performance of services on any material, or cancel any orders.
Requests for Public Use. Occasionally, materials are submitted to Southtree that would make great promotional materials, like a great photograph or clip from a wedding. Before we use any materials you submit to us publically, we will request the right to use them from you. You have the right to decline our use of those materials.
Return Policy. Southtree accepts returns within 30 days of completion of an order. An order is completed (and the 30 days starts) from the date Southtree hands a product to the shipping carrier for shipment to you. Though we are not obligated to do so, we sometimes take returns past the 30 day window at our sole discretion. If you believe you are entitled to a return even though the 30 days has run, please contact us to voice your concerns.
Occasionally, items may arrive at our offices in an unplayable or defective condition. If that happens, we will provide a review of the material, a re-transfer of the material, or pay the shipping to return the materials to you (as conditions allow). We do not charge any additional fees for review, return shipment, or re-transfers.
If the material is not transferrable due to age, fragility, format, damage, or any other condition we are not responsible for, a refund of the transfer price will be provided to you, and, if possible, your original materials will be returned. In that case, though, Southtree does not cover the cost of shipping a return order back to our facilities.
Shipping Costs. Southtree uses flat-rate ($8.95) shipping to the continental United States. The shipping carrier to be used for any order is at Southtree’s sole discretion. Shipments to Alaska or Hawaii may incur additional fees, or the order may be shipped at Southtree’s discretion.
Risk of Loss. Southtree provides the service of transferring and converting various media into different forms. It does not provide any services related to shipment of that media to or from its offices. For this reason, any services purchased from Southtree are made pursuant to a shipment contract. This means that the risk of loss for your media passes to Southtree only when it arrives at our offices, and the risk of loss passes back to you when we deliver your media to the shipping carrier (FedEx, USPS, etc.). This also means that Southtree is not responsible for late, lost, damaged or misdirected mail.
Limitation of Liability. By submitting media to Southtree, you understand and agree that Southtree’s liability is limited in each of the following ways:
- Southtree’s website and all information, content, materials, and services included on or made available through this site are provided by Southtree on an “as is” and “as available” basis, unless otherwise specified in writing.
- Southtree makes no representations or warranties of any kind, express or implied, about the operation of its website or the information, content, materials, or services included on it or made available to you through it, unless otherwise specified in writing.
- Southtree disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
- Though we strive for perfection, Southtree does not represent or warrant that the services provided will be error-free or that all defects will be corrected.
- Southtree does not warrant that any of its services will fit the particular purpose of any user. Southtree will not be liable for any incidental, consequential, special or punitive damages, loss of future revenues or income, lost profits, loss of business reputation or opportunity relating to any breach or alleged breach of these Terms and Conditions. This limitation of liability will be effective regardless of whether such liability is based on breach of contract, tort, strict liability, or any other legal theory.
By submitting media to Southtree for conversion, duplication, or any other service, you agree that if any such media is lost or damaged by us, it will be replaced only with an equivalent type of blank media or the cost of such blank media. For example, if you submit a video tape to Southtree for conversion, and it is damaged during the conversion process, you will be entitled only to a replacement blank video tape or the cost of replacing the physical tape, irrespective of what was on the original. The handling of your media by us is otherwise without warranty or liability.
Force Majeure and Acts of God. In the event this clause applies, Southtreeis not liable for any loss, damage, delay, or non-performance of services to the full extent excused under applicable law. This clause applies if the loss, damage, delay, or non-performance is a result of Acts of God, or natural disaster or catastrophe; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Southtree relies; or any other unforeseen and external occurrence for which Southtree is not responsible and could not predict which is required for the performance of its obligations.
Southtree’s Copyrighted Materials. All content included on this web site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is either in the public domain or is the property of Southtree and is protected by U.S. and international copyright laws. Items that are taken from the public domain are designated as such. All other items are the property of Southtree and may not be used without written permission.
The compilation of all content on this website is the exclusive property of Southtree and is protected by both U.S. and international copyright laws. All software used on this website is the property of Southtree or its software suppliers and is protected by both U.S. and international copyright laws.
Warranty that Submitted Materials are Free of Copyright. By submitting an order, you represent to Southtree that no materials submitted to Southtree are submitted in violation of any copyright laws. You also agree that you will indemnify Southtree, and hold Southtree harmless, for any claims or demands brought by any third party against Southtree regarding the infringement of any copyright law stemming from materials you submitted.
You warrant that any materials submitted were either created by you, that you have the right to permit Southtree to perform duplication services, or that you have the permission of the copyright owner to duplicate the submitted materials. By submitting an order, you understand that Southtree is relying on your representation that the materials are not copyrighted.
Due to the volume of its operation, Southtree cannot fully inspect all the media submitted to it. However, should Southtree become aware that copyrighted materials are being submitted to it for duplication, or should any other suggestion that Southtree’s services are being employed to subvert copyright law come to its attention, it will refuse service and cooperate fully with any authorities to comply with its legal obligations.
Digital Millennium Copyright Act. Southtree takes its obligations under the DMCA seriously and will respond promptly to any claims of copyright infringement submitted to it.
If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through Southtree’s service to Adam Boeselager, 1606 Williams Street #305, Chattanooga, TN 37408. When providing notice to Southtree, please (1) identify the copyrighted work you claim is being infringed; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.
Non-assignable. Your rights and obligations under these Terms and Conditions are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of Southtree. Any assignment or purported delegation by you without Southtree’s written consent will be null and void and of no force or legal effect.
Choice of Law. This contract is to be governed at all times by the laws of the State of Tennessee applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Tennessee.
Arbitration & Choice of Forum. Any dispute or claim relating in any way to your use of Southtree’s services, or your visit to its website, will be resolved by binding arbitration rather than in court. You agree that the arbitration will occur before a single arbitrator. You also agree that both parties will be responsible for their own costs and attorney’s fees, unless the claim is frivolous, in which case attorney’s fees may be pursued.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award the same damages and relief as a court on an individual basis, and an arbitrator will follow and apply these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Adam Boeselager, 1606 Williams Street #305, Chattanooga, TN 37408. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You agree that, if possible under all relevant rules, the arbitration will occur in the State of Tennessee, in Chattanooga, TN, or as close to it as possible. If it is not possible under all relevant rules for the arbitration to occur in Tennessee, then you agree that the arbitration may occur by telephone (which is usually cheaper and easier for both parties) or may be based on written submissions.
Disputes as individuals. You and Southtree both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action.
Severability. If any court or other body of competent jurisdiction declares any part of this Agreement to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected. The unenforceable part will simply not be considered to be part of this Agreement.