Terms of Service

1. Eligibility

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to create an account or use the Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into this Agreement. We may, in our sole discretion, refuse service to any person or entity and change eligibility criteria at any time.

2. Account Registration and Security

To access certain features, you must register for an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the confidentiality of your password and restrict access to your account; and (d) accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from your failure to protect your account credentials.

3. User Conduct and Prohibited Activities

You agree not to:

• Post, upload, or transmit any content that is unlawful, defamatory, obscene, threatening, harassing, hateful, racially or ethnically objectionable, or otherwise violates any applicable law or regulation;
• Infringe on any third party’s intellectual property rights, privacy rights, or publicity rights;
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
• Upload any material containing viruses, malware, Trojan horses, or other harmful code;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks;
• Use automated means (bots, scrapers, crawlers) to access the Services without our express written permission;
• Interfere with or disrupt the integrity or performance of the Services;
• Use the Services for any commercial purpose not expressly authorized by us.

Violation of these provisions may result in immediate termination of your account and may expose you to civil and criminal liability.

4. User-Generated Content

You retain all ownership rights in the content you submit, post, or display through the Services (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting the Services. You represent and warrant that you own or have the necessary rights, licenses, and consents to grant this license, and that your User Content does not violate any third party’s rights or any applicable law.

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates this Agreement or is otherwise objectionable.

5. Intellectual Property

The Services, including all software, code, design, text, graphics, logos, trademarks, service marks, and other materials (collectively, “Company Content”), are the exclusive property of Savannah Tributes LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, lease, reverse-engineer, decompile, or create derivative works from any Company Content without our prior written consent.

6. Payments, Pricing, and Refunds

Certain features require payment. All fees are stated at the time of purchase and are non-refundable except as required by applicable law. We reserve the right to change pricing at any time. Payment processing is handled by third-party providers (Stripe), and your use of such services is subject to their terms. You authorize us to charge your designated payment method for all fees incurred. If payment fails, we may suspend or terminate your access to paid features.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAVANNAH TRIBUTES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Savannah Tributes LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of this Agreement; (d) your violation of any rights of a third party; or (e) your violation of any applicable law, rule, or regulation. This indemnification obligation shall survive the termination of this Agreement and your use of the Services.

10. Governing Law

This Agreement and any dispute arising out of or related to this Agreement or the Services shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law principles.

11. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Agreement to Arbitrate. You and Savannah Tributes LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Chatham County, Georgia, and not in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified by this section. The AAA Rules are available at www.adr.org. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

(b) Class Action Waiver. YOU AND SAVANNAH TRIBUTES LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

(c) Jury Trial Waiver. YOU AND SAVANNAH TRIBUTES LLC HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT.

(d) Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims filed in small claims court in Chatham County, Georgia are also exempt from arbitration.

(e) Opt-Out. You may opt out of this arbitration provision by sending written notice to legal@savannahtributes.com within thirty (30) days of first accepting this Agreement. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

12. Termination

We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including if we reasonably believe you have violated this Agreement. Upon termination, your right to use the Services will immediately cease. Sections 4 through 11 of this Agreement, along with any other provisions that by their nature should survive, shall survive termination.

13. Modifications to Agreement

We reserve the right to modify this Agreement at any time. If we make material changes, we will provide notice by posting the updated terms on the Services and updating the “Effective Date” above. Your continued use of the Services after any such changes constitutes your acceptance of the new terms. It is your responsibility to review this Agreement periodically.

14. Miscellaneous

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices or policies published by us on the Services, constitutes the entire agreement between you and Savannah Tributes LLC with respect to the Services.

Waiver. No waiver of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

Force Majeure. We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, or infrastructure failures.

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