Brookfield Publishing Company
P.O. Box, Philadelphia, Pennsylvania
Telephone: 215-233-4988
Welcome to our Web site. By using our site, you are
agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. If you
do not agree to these terms, you should not use this site.
The term “us” or “our” refers to Genealogica Services, Inc.,
the legal name of the owner of the Web site. The term “you”
refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this
Terms of Use Agreement ("Agreement") with respect to our
site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content,
products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using
the Site.
2. Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but
not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by
Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials
viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any
right in such information and materials. Some of the content
on the site is the copyrighted work of third parties.
3. Service Marks.
“Brookfield Publishing Company" and others are our
service marks or registered service marks or trademarks.
Other product and company names mentioned on the Site may be
trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly in
accordance with this Agreement; (b) to use the Site solely
for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided
that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any
litigation or arbitration matter whatsoever under any
circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the
following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any
portion of the Site or any Content and Materials retrieved
from it; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of
any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of
any Content and Materials from the Site; (d) use any Content
and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other
proprietary notice or terms of use contained in the Site;
(f) make any portion of the Site available through any
timesharing system, service bureau, the Internet or any
other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any
automatic or manual process to harvest information from the
Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited tel. calls or facsimile
transmissions; (j) use the Site in a manner that violates
any state or federal law regulating email, facsimile
transmissions or tel. solicitations; and (k) export or
re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export
control laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other
Web sites historical research, articles and graphics
(collectively, “Documents”). All Documents are provided for
non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. THE
DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH
“ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS
DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
7. No Legal Advice or Attorney-Client
Relationship.
Information contained on or made available through the
Site is not intended to and does not constitute legal
advice, recommendations, mediation or counseling under any
circumstance and no attorney-client relationship is formed.
We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information
on the Site or materials linked to the Site is entirely at
your own risk.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on
the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and
complies with applicable laws. We are not responsible for
the illegality or any error, inaccuracy or problem in the
advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from, the Site may
require you to register. If registration is requested, you
agree to provide us with accurate, complete registration
information. Your registration must be done using your real
name and accurate information. Each registration is for your
personal use only. We do not permit (a) any other person
using the registered sections under your name; or (b) access
through a single name being made available to multiple users
on a network. You are responsible for preventing such
unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components, or
that defects will be corrected. We do not represent or
warrant that the information available on or through the
Site, including but not limited to prices of goods
and/or services offered by or for us, will be
correct, accurate, timely or otherwise reliable. We may make
changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or
other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be
accessible via links from the Site. We are not responsible
for and assume no liability for any mistakes, defamation,
omissions, falsehood, obscenity, pornography or profanity in
the statements, opinions, representations or any other form
of content on the Site. You understand that the information
and opinions in the third party content represent solely the
thoughts of the author and is neither endorsed by nor does
it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or
reported violations of this Agreement and to take any action
we deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic
information.
14. Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party suppliers
of information and documents, advertisers, product and
service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and
expense related to your violation of this Agreement or use
of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or
assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL
FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for
any loss, injury, claim, liability, or damage of any kind
resulting in any way from (a) any errors in or omissions
from the Site or any services or products obtainable there
from, (b) the unavailability or interruption of the Site or
any features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR
RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $1 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you
and all information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us
(collectively, a "Submission") will forever be our property.
We will not be required to treat any Submission as
confidential, and will not be liable for any ideas
(including without limitation, product, service or
advertising ideas) and will not incur any liability as a
result of any similarities that may appear in our future
products, services or operations. Without limitation, we
will have exclusive ownership of all present and future
existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without
compensation to you or any other person sending the
Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not us, have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party
product or service providers ("Merchants") from which you
may purchase certain goods or services. You understand that
we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use
of or purchase from such Merchants is AT YOUR SOLE RISK AND
IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on
any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to
make any representations or commitments on behalf of the
other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time,
is a part of this Agreement. You must review this Privacy
Policy by clicking on its link.
22. Payments.
You represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
23. Links to other Web Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites,
you do so at your own risk.
24. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we
ask you to do the same. If you believe that your work has
been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the
following information:
a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
b. A description of the copyrighted work that you
claim has been infringed;
c. A description of where the material that you claim
is infringing is located on the Site;
d. Your address, tel. number, and email address;
e. A statement by you that you have a good faith
belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Our Copyright Agent
for Notice of claims of copyright infringement on the
Site can be reached by directing an e-mail to the
Copyright Agent.
25. Information and Press Releases.
The Site contains information and press releases about
us. We disclaim any duty or obligation to update this
information or any press releases. Information about
companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or
endorsed by us.
26. Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations
regarding your use of the Site and the Content and Materials
provided therein.
27. Refund and Return Policy.
To the extent that you purchase any goods or services
directly from us, we will refund you your purchase price
within 30 days of you notifying us in writing of your desire
for the refund, together with the reason for the request,
with the product or service returned to us in substantially
the same condition as when purchased. Please note, however,
that certain products and services mentioned on our site are
sold by third parties or are linked to third party Web
sites, and we have no responsibility or liability for those
products or services. You may request a refund by contacting
us by email . You may obtain any additional information
concerning our refund and return policy, including our
mailing address, by contacting us.
28. Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in Philadelphia, Pennsylvania, and
shall be governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania (without regard to
conflict of law principles). Any cause of action by you with
respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to
the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against any party. Any
rule of construction to the effect that ambiguities are to
be resolved against the drafting party shall not apply in
interpreting this Agreement. This Agreement and all
incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a
third party in the event of an acquisition, sale or merger.
If any provision of this agreement is held illegal, invalid
or unenforceable for any reason, that provision shall be
enforced to the maximum extent permissible, and the other
provisions of this Agreement shall remain in full force and
effect. If any provision of this Agreement is held illegal,
invalid or unenforceable, it shall be replaced, to the
extent possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal, invalid,
or unenforceable provision as is legally possible. To the
extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our
rights under this Agreement shall survive any termination of
this Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have
no effect on the construction of the terms of this
agreement.
29. Arbitration.
Any legal controversy or legal claim arising out of or
relating to this Agreement or our services, excluding legal
action taken by us relating to Site operations and/or
intellectual property, shall be settled solely by
confidential binding arbitration in accordance with the
commercial arbitration rules of JAMS. Any such controversy
or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be
conducted in Philadelphia, Pennsylvania. Each party shall
bear its own attorneys' fees. Each party shall bear one-half
of the arbitration fees and costs.