Savannah Directory Terms of Service and License Agreement
This agreement governs your use of Savannah Directory, Inc.'s ("Savannah Directory") websites, mobile applications, online products and, if selected by you, Savannah Directory's marketing services (collectively, the "Services"). You may not use the Services until you have read this agreement. By using the Services, you indicate your unconditional acceptance of this agreement. If you do not accept this agreement, you must terminate your use of the Services. As used in this agreement, the terms "you", "your" or "user" are synonymous, and refer to the person using the Services in any way. A "registered user" is a user from whom Savannah Directory has received the information necessary to permit such person to print or electronically list business information or use other Services and who complies with the terms and conditions of this agreement.
Ownership; Limited License; Copyright & Trademark
Ownership.The Savannah Directory Services and all text, graphics, images, photographs, videos, illustrations, and other information and content it contains (collectively, “Savannah Directory Content”) are owned by or licensed to Savannah Directory and are protected under both United States and foreign laws. Except as explicitly stated in this agreement, Savannah Directory and our licensors reserve all right in and to our Services and Savannah Directory Content.
Limited License to Services.Subject to this agreement, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services.
Limited License to Savannah Directory Content.Subject to this agreement, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to electronically copy and print portions of Savannah Directory. Any other use of the Savannah Directory Content—including reproductions other than specified, modifications, distribution, or republication—without the prior written permission of Savannah Directory is strictly prohibited.
Restrictions.The license granted to you is subject to this agreement and does not include any right to (a) sell, resell or commercially user our Services or Savannah Directory Content; (b) copy, reproduce, distribute, publicly perform or publicly display Savannah Directory Content, except as expressly permitted by us or our licensors; (c) modify the Savannah Directory Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Savannah Directory Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Savannah Directory Content other than for their intended purposes. Any use of our Services or Savannah Directory Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the permissions granted in this Agreement.
Trademarks.Savannah Directory® and the associated logos and any other Savannah Directory service names, logos or slogans that my appear on the Services are trademarks of Savannah Directory and our licensors and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission. You may not use metatags or other “hidden text” utilizing “Savannah Directory” or any other name, trademark or product or service name of Savannah Directory without our prior written permission. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Savannah Directory and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
User ResponsibilityYou agree to review your listings for errors. You must use your valid credit or charge card to pay all fees and charges related to the Services and, except as otherwise provided herein, all fees and charges are non-refundable. You are the only person authorized to use your user identification and password, and you shall not permit or allow other people to have access to or use the same. You are responsible for maintaining the confidentiality of your user identification and password. To the fullest extent permitted by applicable law, Savannah Directory has no obligation to store or maintain any information you provide to it.
Electronic CommunicationsBy creating a Savannah Directory account, you consent to receive electronic communications from Savannah Directory (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) or legal notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
OperationSavannah Directory has the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including but not limited to its content, functionality or hours of availability, the equipment needed for its access or use, or its pricing. In addition, Savannah Directory reserves the right, at any time, to change the terms of this agreement. Your continued use of the Services will confirm your acceptance of the revised agreement.
Satisfaction Guaranteed for Registered UsersIf you are dissatisfied with the Services your exclusive remedy is to immediately discontinue using the Services.
Limited Warranty for Savannah Directory ProductsSavannah Directory encourages you to visit Savannah Directory's website for updated information on the Services (www.Savannah Directory.com). You are responsible for keeping Savannah Directory apprised promptly of any change in your email so that notices of such updates or corrections can be provided by Savannah Directory. If you believe that any information is incorrect, please notify Savannah Directory immediately through the online contact.
Disclaimer of WarrantiesSavannah Directory does not control, endorse or take responsibility for any third-party content available on or linked to by our Services. EXCEPT AS EXPRESSLY PROVIDED BY Savannah Directory TO THE CONTRARY, THE SERVICES AND THE Savannah Directory CONTENT ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Savannah Directory AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, Savannah Directory CONTENT, AND RELATED MATERIALS, INCLUDING, WITHOUT LIMITATION, THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, AND THEIR NON-INFRINGEMENT. Savannah Directory DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE OR FREE OF ERRORS, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK. You further acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Services (e.g., the public telephone, computer networks and the Internet) or transmitting information.
Limitation of Liability and DamagesExcept AS PROVIDED UNDER the limited warranty for Savannah Directory PRODUCTS described above, and to the fullest extent permitted by applicable law, the entire liability of Savannah Directory and THE Participating Parties (JOINTLY) for any reason shall be limited to the amount paid by you for the Services AND Savannah Directory CONTENT licensed from Savannah Directory. To the fullest extent permitted by applicable law, Savannah Directory and THE Participating Parties are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), or otherwise, even if Savannah Directory or THE Participating Parties have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE Savannah Directory OR THE PARTICIPATING PARTIES’ LIABILITY FOR product liability claims that arise in CONNECTION WITH the access or use of the services or for Savannah Directory OR THE PARTICIPATING PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, willful, MALICIOUS OR RECKLESS MISCONDUCT.
MiscellaneousSavannah Directory shall have the right to immediately terminate your access to or use of the Services in the event of any activities which breach this agreement or conduct which, in Savannah Directory's judgment, interferes with the operation or use of the Services (e.g., excessive usage of the Services which disrupts the use of the Services by other users). Termination of this agreement automatically terminates your license and authorization to use the Services and any content or other material contained therein. This agreement (including any related content on the Services, such as the introductory and welcome pages, and the Legal Notices, which by this reference are incorporated herein) sets forth Savannah Directory's and the Participating Parties' entire liability and your exclusive remedy with respect to the Services, and is a complete statement of the agreement between you and Savannah Directory. This agreement does not limit any rights that Savannah Directory may have under trade secret, trademark, copyright, patent or other laws. The employees of Savannah Directory and the Participating Parties are not authorized to make modifications to this agreement, or to make any additional representations, commitments, or warranties binding on Savannah Directory, except in a writing signed by an authorized officer of Savannah Directory. If any provision of this agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Dispute Resolution; Binding ArbitrationPlease read the following section carefully because it requires you to arbitrate certain disputes and claims with Savannah Directory and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or Savannah Directory seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Savannah Directory seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Savannah Directory waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Chatham County, Georgia in accordance with laws made and provided. You and Savannah Directory agree that any dispute arising out of or related to these Terms or our Services is personal to you and Savannah Directory and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Jurisdiction and VenueThe validity and performance of this agreement shall be governed by Iowa law (without reference to choice of law principles), and applicable federal law. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR CANNOT BE HEARD IN SMALL CLAIMS COURT WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF GEORGIA AND THE UNITED STATES, RESPECTIVELY, SITTING IN CHATHAM COUNTY, GEORGIA.