Terms

Welcome to southtree.com. The following terms of use, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of southtree.com including any content, functionality and services offered on or through this website (the “Site”).

Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this Site. We reserve the right to revise these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Southtree maintains a separate Privacy Policy that explains what information we gather and what we do with it. You can view that by clicking the button below.

Privacy

It may be necessary for Southtree to periodically update the Terms of Use. Southtree reserves the right to update or amend these Terms of Use at any time. Any such change, update or modification will be effective immediately upon posting the modified version of the Terms of Use on the Site. It is your responsibility to review the Site from time to time to ensure that you continue to agree with all of the Terms of Use.

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 under the supervision of a parent or guardian.

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.

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.

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.

Southtree provides the service of transferring and converting various media into different forms. Southtree 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.). BY SHIPPING ANY MEDIA TO SOUTHTREE, YOU ACKNOWLEDGE THAT SOUTHTREE IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.

– The Site and all information, content, materials, and services included on or made available through the 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 the Site 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 makes no representations or warranties of any kind regarding its order tracking system. Southtree provides order tracking information to its customers for convenience but does not guarantee the accuracy of any order tracking information. You acknowledge that you are not relying on the accuracy of any order tracking information.

– 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 of Use. 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.

If any 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, then Southtree will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.

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 the Site is the exclusive property of Southtree and is protected by both U.S. and international copyright laws. All software used on the Site is the property of Southtree or its software suppliers and is protected by both U.S. and international copyright laws.

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful. 

By submitting an order, you represent and warrant the following to Southtree: (a) no materials submitted to Southtree are submitted in violation of any copyright laws; (b) any materials submitted were either created by you, you have the right to permit Southtree to perform duplication services, or you have the permission of the copyright owner to duplicate the submitted materials; and (c) no materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party; and (d) (i) you shall not violate, or encourage the violation of, the legal rights of others; (ii) intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (iii) interfere with the use of the Site; (iv) alter, disable, interfere with or circumvent any aspect of the services provided through the Site; (v) grant multiple individuals access to an individual account other than via the delegation features provided within the Site; or (vi) create accounts assigned to business functions rather than to human beings for the purpose of sharing files within or outside of the Site.By submitting an order, you understand that Southtree is relying on these representations.

You also agree that you will indemnify, defend and hold harmless Southtree from and against any and all damages, costs and expenses, including attorneys’ fees (i) arising from claims or demands brought by any third party against Southtree regarding the infringement of any copyright law or violation of other applicable federal or state law stemming from materials you submitted or (ii) arising from or related to your breach of these Terms of Use. 

Due to the volume of its operation, Southtree cannot fully inspect all the media submitted to it. However, there are instances in which Southtree may discover that the transmission of media to Southtree, the content of such media, and/or your specific request for services with regard to such media violates state and/or federal law. In the event of such discovery, Southtree will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities. You hereby understand and agree that any submission or request that violates state or federal law will result in your forfeiture of any privacy rights you may have with respect to such media, including, but not limited to, any rights under Southtree’s Privacy Policy.

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 Southtree, Attn: Adam Boeselager, 1110 Market Street, Suite 318, Chattanooga, Tennessee, 37402. 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.

Your rights and obligations under these Terms of Use 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.

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.

Any dispute or claim relating in any way to your use of Southtree’s services, or your visit to the Site, 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 of Use as a court would. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Southtree, Attn: Adam Boeselager, 1110 Market Street, Suite 318, Chattanooga, Tennessee, 37402. 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.

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.

This Terms of Use represents the full agreement between you and Southtree. No other representations (besides the individual price quote you are given for Southtree’s services), whether oral or written, form any part of your agreement with Southtree. Additionally, this Terms of Use cannot be orally modified, even by Southtree personnel, and no provisions of it can be waived by either party except in writing.

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.