SITE TERMS AND CONDITIONS OF USE
(for the Privacy Policy
please scroll down this page)
.We have taken every effort to design our website to be useful, informative,
helpful and honest. Hopefully we've accomplished that - and would ask that you
let us know if you'd like to see improvements or changes that would make it even
easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions.
Take a few minutes to look them over because by using our site you automatically
agree to them.
Naturally, if you don't agree, please do not use the site. We reserve the
right to make any modifications that we deem necessary at any time. Please
continue to check these terms to see what those changes may be.
Your continued use of the ResearchYourFamilyTree.com website means that you accept
those changes.
Restrictions on Use of Our Online Materials.
All Online Materials on the ResearchYourFamilyTree.com site, including, without limitation, text, software, names,
logos, trademarks, service marks, trade names, images, photo compilations, illustrations,
audio clips, video clips, and music are to be considered copyrighted intellectual property.
All usage rights are owned and controlled by ResearchYourFamilyTree.com.
You, the visitor, may download Online Materials for non-commercial, personal
use only provided you
1) retain all copyright, trademark and propriety notices,
2) you make no
modifications to the materials,
3) you do not use the materials in a manner
that suggests an association with any of our products, services, events or
brands, and
4) you do not download quantities of materials to a database,
server, or personal computer for reuse for commercial purposes.
You may not, however, copy, reproduce, republish, upload, post, transmit or
distribute Online Materials in any way or for any other purpose unless you get
our written permission first. Neither may you add, delete, distort or
misrepresent any content on the ResearchYourFamilyTree.com site.
Any attempts to modify any Online Material, or to defeat or circumvent our
security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying it, is
considered licensed to you by ResearchYourFamilyTree.com or third-party licensors for
your personal, non-commercial home use only.
We do not transfer title of the software to you. That means that we retain
full and complete title to the software and to all of the associated
intellectual-property rights. You're not allowed to redistribute or sell the
material or to reverse-engineer, disassemble or otherwise convert it to any
other form that people can use.
Submitting Your Online Material to Us.
All remarks, suggestions, ideas,
graphics, comments, or other information that you send to ResearchYourFamilyTree.com
through our site (other than information we promise to protect under our privacy
policy) becomes and remains our property, even if this agreement is later
terminated.
That means that we don't have to treat any such submission as confidential.
You can't sue us for using ideas you submit. If we use them, or anything like
them, we don't have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to submissions of any kind.
We can use them for any purpose we deem appropriate to our ResearchYourFamilyTree.com
mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This
means that you (and not we) have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
ResearchYourFamilyTree.com WILL NOT BE LIABLE FOR ANY
DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE
OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO
WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE
MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR
SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY
IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES
INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES
REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR
THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU
MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT,
OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND
EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR
CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED
UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
Links to Other Sites.
We sometimes provide referrals to and links to other
World Wide Web sites from our site. Such a link should not be seen as an
endorsement, approval or agreement with any information or resources offered at
sites you can access through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser to see if you are
still in a ResearchYourFamilyTree.com-operated site or have moved to another site. ResearchYourFamilyTree.com is not responsible for the content or practices of third
party sites that may be linked to our site. When ResearchYourFamilyTree.com provides
links or references to other websites, no inference or assumption should be
made and no representation should be inferred that ResearchYourFamilyTree.com is
connected with, operates or controls these websites. Any approved link must not
represent in any way, either explicitly or by implication, that you have
received the endorsement, sponsorship or support of any ResearchYourFamilyTree.com site
or endorsement, sponsorship or support of ResearchYourFamilyTree.com, including its
respective employees, agents or directors.
Termination of This Agreement. This agreement is effective until terminated
by either party. You may terminate this agreement at any time, by destroying all
materials obtained from all ResearchYourFamilyTree.com website, along with all related
documentation and all copies and installations. ResearchYourFamilyTree.com may
terminate this agreement at any time and without notice to you, if, in its sole
judgment, you breach any term or condition of this agreement. Upon termination,
you must destroy all materials. In addition, by providing material on our website, we do not in any way promise that the materials will remain available to
you. And ResearchYourFamilyTree.com is entitled to terminate all or any part of any of
its website without notice to you.
Jurisdiction and Other Points to Consider.
From wherever you access ResearchYourFamilyTree.com website, you are responsible for compliance with any
applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance
with the laws of Toronto, Ontario, Canada , as it is applied to agreements entered
into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate ResearchYourFamilyTree.com and/or its affiliates' intellectual property rights, ResearchYourFamilyTree.com and/or its affiliates may seek injunctive or other
appropriate relief in any state, provincial or federal court, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under
this agreement, we agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Toronto, Canada. Any costs and fees other than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Toronto, Ontario, Canada , under the rules of the Ontario Arbitration Act .
ResearchYourFamilyTree.com may modify these Terms of Use, and the agreement they
create, at any time, simply by updating this posting and without notice to you.
This is the ENTIRE agreement regarding all the matters that have been
discussed.
PRIVACY POLICY
ResearchYourFamilyTree.com strives to offer its visitors the many advantages of
Internet technology and to provide an interactive and personalized experience.
We may use Personally Identifiable Information (your name, e-mail address,
street address, telephone number) subject to the terms of this privacy policy.
We will never sell, barter, or rent your email address to any unauthorized third
party. Period.
How we gather information from users:
How we collect and store information depends on the page you are visiting,
the activities in which you elect to participate and the services provided. For
example, you may be asked to provide information when you register for access to
certain portions of our site or request certain features, such as newsletters or
when you make a purchase. You may provide information when you participate in
sweepstakes and contests, message boards and chat rooms, and other interactive
areas of our site.
Like most websites, ResearchYourFamilyTree.com also collects information
automatically and through the use of electronic tools that may be transparent to
our visitors. For example, we may log the name of your Internet Service Provider
or use cookie technology to recognize you and hold information from your visit.
Among other things, the cookie may store your user name and password, sparing
you from having to re-enter that information each time you visit, or may control
the number of times you encounter a particular advertisement while visiting our
site. As we adopt additional technology, we may also gather information through
other means. In certain cases, you can choose not to provide us with
information, for example by setting your browser to refuse to accept cookies,
but if you do you may be unable to access certain portions of the site or may be
asked to re-enter your user name and password, and we may not be able to
customize the site's features according to your preferences.
What we do with the information we collect.
Like other Web publishers, we collect information to enhance your visit and
deliver more individualized content and advertising. We respect your privacy and
do not share your information with anyone. Aggregated Information (information
that does not personally identify you) may be used in many ways. For example, we
may combine information about your usage patterns with similar information
obtained from other users to help enhance our site and services (e.g., to learn
which pages are visited most or what features are most attractive). Aggregated
Information may occasionally be shared with our advertisers and business
partners. Again, this information does not include any Personally Identifiable
Information about you or allow anyone to identify you individually.
We may use Personally Identifiable Information collected on ResearchYourFamilyTree.com to communicate with you about your registration and
customization preferences; our Terms of Service and privacy policy; services and
products offered by ResearchYourFamilyTree.com and other topics we think you might find
of interest.
Personally Identifiable Information collected by ResearchYourFamilyTree.com may also
be used for other purposes, including but not limited to site administration,
troubleshooting, processing of e-commerce transactions, administration of
sweepstakes and contests, and other communications with you. Certain third
parties who provide technical support for the operation of our site (our web
hosting service for example) may access such information. We will use your
information only as permitted by law. In addition, from time to time as we
continue to develop our business, we may sell, buy, merge or partner with other
companies or businesses. In such transactions, user information may be among the
transferred assets. We may also disclose your information in response to a court
order, at other times when we believe we are reasonably required to do so by
law, in connection with the collection of amounts you may owe to us, and/or to
law enforcement authorities whenever we deem it appropriate or necessary. Please
note we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements.
ResearchYourFamilyTree.com expects its partners, advertisers and affiliates to
respect the privacy of our users. Be aware, however, that third parties,
including our partners, advertisers, affiliates and other content providers
accessible through our site, may have their own privacy and data collection
policies and practices. For example, during your visit to our site you may link
to, or view as part of a frame on a ResearchYourFamilyTree.com page, certain content
that is actually created or hosted by a third party. Also, through ResearchYourFamilyTree.com you may be introduced to, or be able to access, information, websites, features, contests or sweepstakes offered by other parties. ResearchYourFamilyTree.com is not responsible for the actions or policies of such third
parties. You should check the applicable privacy policies of those third parties
when providing information on a feature or page operated by a third party.
While on our site, our advertisers, promotional partners or other third
parties may use cookies or other technology to attempt to identify some of your
preferences or retrieve information about you. For example, some of our
advertising is served by third parties and may include cookies that enable the
advertiser to determine whether you have seen a particular advertisement before.
Other features available on our site may offer services operated by third
parties and may use cookies or other technology to gather information. ResearchYourFamilyTree.com does not control the use of this technology by third parties
or the resulting information, and is not responsible for any actions or policies
of such third parties.
You should also be aware that if you voluntarily disclose Personally
Identifiable Information on message boards or in chat areas, that information
can be viewed publicly and can be collected and used by third parties without
our knowledge and may result in unsolicited messages from other individuals or
third parties. Such activities are beyond the control of ResearchYourFamilyTree.com and
this policy.
Children.
ResearchYourFamilyTree.com does not knowingly collect or solicit Personally
Identifiable Information from or about children under 13 except as permitted by
law. If we discover we have received any information from a child under 13 in
violation of this policy, we will delete that information immediately. If you
believe ResearchYourFamilyTree.com has any information from or about anyone under 13,
please contact us at the address listed below.
Here are a few tips to help make a child's online experience safer:
Teach kids never to give personal information, unless supervised by a parent
or responsible adult. Includes name, address, phone, school, etc.
Know the sites your kids are visiting and which sites are appropriate.
Look for website privacy policies. Know how your child's information is
treated.
Check out the FTC's site
<http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html> for more
tips on protecting children's privacy online.
Contacting Us.
We can be reached by contacting us at the email address provided on our website contact page: http://www.ResearchYourFamilyTree.com/contact.html
Changes to this Policy.
ResearchYourFamilyTree.com reserves the right to change this policy at any time.
Please check this page periodically for changes. Your continued use of our site
following the posting of changes to these terms will mean you accept those
changes. Information collected prior to the time any change is posted will be
used according to the rules and laws that applied at the time the information
was collected.
Governing law.
This policy and the use of this site are governed by Ontario, Canada law. If
a dispute arises under this Policy we agree to first try to resolve it with the
help of a mutually agreed-upon mediator in the following location: Toronto, Ontario, Canada. Any costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Toronto, Ontario, Canada under the rules of the Ontario
Arbitration Act. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so.
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