Terms and Conditions Agreement

Effective Date: 15 March 2013

The Terms and Conditions Agreement (“Agreement”) governs the terms of use of the ResearchTies service (“Service”) described on this website (http://www.researchties.com) for use by Users (“User”) offered by ResearchTies, LLC (“Provider”).  The Agreement is made between User and Provider whenever Service is requested or ordered by User.

Overview

Before using this website, you must review and accept the following terms and conditions (the “Agreement”). The Agreement defines your rights and responsibilities as User of the Website. The Website is operated in the United States of America. Access is governed by these terms and conditions under the laws of the State of Utah and the United States. Registration as a User of or Subscriber to the Service results in your information being stored and processed in the United States, and you specifically consent to ResearchTies’ storage and processing the personal data you submit.  The Service provided herein is intended for adults. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions. If you don’t agree with any of these terms, or if you have any objections to our Privacy Statement, you must not use the Website.

Description of the Service

ResearchTies offers an online service where Users record their genealogical and historical research in electronic format by entering data and linking to URLs and digital documents.

Rules of Conduct

Before using the Website, you agree to use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations, and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights).  The following policies are part of this Agreement and must be followed anytime you access the Service.  ResearchTies reserves the right to change these policies from time to time and the changes take effect when posted on the Website.

ResearchTies Account Owners:

• Must be at least 18 years old and cannot misrepresent their identities.
• Must always provide valid and complete contact information and must always have a valid email address and credit card number on file with ResearchTies.
• Must read and agree to the rules listed in this Agreement.

ResearchTies Users:

• May not interfere or attempt to interfere with the ResearchTies website. For example, but not limited to, using any software program, virus or routine to block, obscure, overwrite or modify any ResearchTies-generated content or web pages.
• May not share your ResearchTies User password with any unauthorized person.
• May not use the Website Service for any illegal activity, or provide material which promotes or teaches illegal activity.

This list is not exclusive. ResearchTies prohibits Users or any other person from engaging in any activity that ResearchTies, in its sole discretion, determines is offensive, interferes with the rights of others, or causes harm to any person, including to ResearchTies and its employees. Violation of, or acting inconsistently with, the letter or spirit of our rules may result in appropriate consequences and at our sole discretion, suspension, cancellation or termination of the accounts of the offending User, and such violation may result in the forfeiture of any and all fees that the User has already paid to be a Subscriber of the Service or any other fee. The preceding sentence shall not in any way limit any other remedy, legal, equitable or otherwise, that ResearchTies may pursue.

If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to our Service.  In such a case, no portion of your subscription payment will be refunded.

User Provided Content

For User Provided Content (UPC), ResearchTies is merely hosting.  Provider and User agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information in use by the User. Provider is not responsible nor pre-approves any of User’s account content.  While we cannot preview or monitor the UPC, we may apply, at our discretion, automated filtering tools to monitor and/or delete any content that ResearchTies believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content).  We reserve the right to act expeditiously to remove or disable access to any UPC that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others.

All information uploaded to the Website must be compliant with the Fair Use clause of US Copyright law.  You should only upload content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce anything beyond Fair Use (Section 107 of Title 17 of the United States Code) without permission of the owner.

Statement of Support

Wherever possible, ResearchTies makes every effort to support our customers.  We have a Learning Center that should address the most common issues that are directly supported by us.  We strongly encourage our customers to use this resource to not only seek support, but also to become more familiar with our product and the extent of our support.  Where additional support is needed, Users may email questions to support@researchties.com.

Product Support does not include computer training or educational services regarding basic operation of Internet technology and concepts. It is expected that you will have a basic understanding of Internet concepts.

You are responsible for maintaining current backups of all your important data. We maintain our own data backups in the event of disaster; however we do not guarantee the availability or restoration of any lost data.

Fees

Recurring fee.  User agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date (the day and month on which the original request for service was initiated).

Term. This Agreement shall be effective as long as User continues to use ResearchTies Service. User shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.

Satisfaction Guarantee. The fees paid for ResearchTies subscriptions carry a 100% satisfaction guarantee.  User may cancel ResearchTies Services subscriptions at any time and for any reason and receive a total refund of that year’s subscription fee.  To request a refund, send an email to accounts@researchties.com.

Payment Method.  Payment will be made online by Credit Card (Master Card or Visa).

Account Ownership

Account Owner.  The owner of an account must be 18 years or older to register or subscribe. You must provide ResearchTies with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will select a username and password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on ResearchTies via your account. Distribution of your password to others for access to ResearchTies is expressly prohibited. You will never be required to reveal your password to any representative or agent of ResearchTies, its owners or agents. You must notify us by e-mail (support@researchties.com) of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.

All subscriptions are automatically renewing with the exception of gift subscriptions. This means that once you become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged annually unless you opt out or cancel by following the instructions in this Agreement. You will be notified via e-mail before your subscription ends and asked to correct any information which has changed and whether you wish to “opt out” of your renewal. The renewal of the subscription takes place subject to the terms in force on the date of renewal.

When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.

Opting Out of Renewal. You may opt out of renewing your subscription by emailing accounts@researchties.com at least two days before the renewal date. If you do not let us know that you want to terminate your subscription at least two days prior to the end of the current subscription period, the payment for the renewal period of the subscription will be made.

Prices Subject to Change. Prices may be changed by ResearchTies at any time and each renewal of your subscription will be at the then standard renewal cost.  ResearchTies shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual User communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal as set forth in this Agreement.

Transfer. The Account Owner role may be transferred only by the Account Owner.  Requests must be submitted in writing to accounts@researchties.com. If the Account ownership role is transferred to another Contact, the previous Account Owner no longer has privileges on the account.  Account Owners may also designate an heir to become the Account Owner upon their death.  Proof of death and valid identification will be required of the heir.

Cancellation.  In the event that an account needs to be closed, Users may contact accounts@researchties.com by email.  An email confirmation will be sent or a phone call will be made to insure that cancellations are legitimate.

Other

You acknowledge and agree that ResearchTies may disclose your information if ResearchTies believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the Users, or the public.  We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforeceable.

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable.

Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us or any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of the Service or Website.

This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by ResearchTies.

Copyright.  The ResearchTies web site (researchties.com), including all text, HTML, scripts, and images are copyright 2013. All rights reserved. Any replication, modification, or copy of any part of this website without the prior, written consent of ResearchTies, LLC is prohibited. This copyright notice applies to site visitors, clients, non-clients and affiliates of ResearchTies.

“ResearchTies” and the ResearchTies graphic logo are trademarks of ResearchTies, LLC.  ResearchTies marks may only be used with the permission of ResearchTies, LLC and may not be used to promote or otherwise market competitive products or services.

Availability of service. User understands and agrees that interruptions of ResearchTies Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider’s control, as defined by standard practices in the industry. User agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to User or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.

Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its Users may utilize.

DISCLAIMER OF WARRANTIES. PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY USER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO USER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY USER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

Indemnity. (a) User agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Provider arising from or due to claims made by third parties that are related to or arising out of: (a) false advertising claims against User, (b) liability claims for products or services sold by User any other transactions between User and third parties, or (c) any content or links located on Provider’s website from time to time.

Governing Law/Venue.  The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts in Utah County, UT and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against ResearchTies, LLC or any of its employees or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.

Attorneys’ Fees.  If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.

Modifications to this Agreement.   ResearchTies has the right, at its sole discretion, to modify this Agreement at any time. Changes will be posted on the Website and the date of last revision will be stated on the Agreement. If any portion of this Agreement or any change to the Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Website now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.