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Terms of Service

    Last Modified: 25 March 2020

    1. Acceptance of the Terms of Use

      These terms of use are entered into by and between you (either as an individual or on behalf of the legal entity you represent) and the Association of Professional Genealogists (“APG”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://www.apgen.org, including any content, functionality, goods, subscriptions and services offered on https://www.apgen.org or through and any other website operated by APG (collectively, the “APG Platform”), whether as a guest or a registered user.  The Terms of Use apply to all users of the APG Platform.

      Please read the Terms of Use carefully before you start to use the APG Platform. By using the APG Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the APG Privacy Policy found at https://www.apgen.org/cpages/privacy-policy and incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the APG Platform.

    2. Changes to the Terms of Use

      APG may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when APG posts them and apply to all access to and use of the APG Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the APG Platform.

      Your continued use of the APG Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

    3. Accessing the APG Platform and Account Security

      APG reserves the right to withdraw or amend the APG Platform, and any service or material provided on the APG Platform, in APG’s sole discretion without notice. APG will not be liable if for any reason all or any part of the APG Platform is unavailable at any time or for any period. From time to time, APG may restrict access to some parts of the APG Platform, or the entire APG Platform, to users, including registered users.

      You are responsible for:

      • Making all arrangements necessary for you to have access to the APG Platform.
      • Ensuring that all persons who access the APG Platform through your internet connection are aware of these Terms of Use and comply with them.

      To access the APG Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the APG Platform that all the information you provide on the APG Platform is correct, current, and complete. You agree that all information you provide to register with the APG Platform, post on the APG Platform, or otherwise, including but not limited to through the use of any interactive features on the APG Platform, is governed by the APG Privacy Policy, and you consent to all actions APG takes with respect to your information consistent with the Privacy Policy.

      If you choose, or are provided with, a user name, password, or any other piece of information as part of APG security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this APG Platform or portions of it using your user name, password, or other security information. You will be responsible for all activities that occur under that account. You agree to notify APG immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

      You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that APG in its sole discretion deems offensive.

      APG has the right to disable any user name, password, or other identifier, whether chosen by you or provided by APG, at any time in its sole discretion for any or no reason, including if, in APG’s opinion, you have violated any provision of these Terms of Use.

    4. Intellectual Property Rights

      The APG Platform and its entire contents, features, and functionality (including but not limited to all information, documents, software, text, displays, images, logos, video and audio, and the design, selection, and arrangement thereof), are owned by APG, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

      The Terms of Use permit you to use the APG Platform for your personal, non-commercial use only, or for legitimate business purposes relating to your role as customer, member, or vendor of APG subject to any separate agreement with APG. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the APG Platform, except as follows:

      • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      • You may store files that are automatically cached by your web browser for display enhancement purposes.
      • You may print or download APG documents or materials (“APG Materials”) that are available for download on the APG Platform subject to the following conditions:
        • The APG Materials may only be used for or your own personal, non-commercial, and information use, and not for further reproduction, publication, or distribution.
        • The APG Materials may not be modified.
        • You may not remove any copyright, trademark, or other proprietary notices from such APG Materials
      • If APG provides desktop, mobile, or other applications for download, you may download that software to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by APG’s end user license or services agreement for such applications.

      You must not:

      • Modify copies of any materials from the APG Platform.
      • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
      • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the APG Platform.

      Except as otherwise agreed to between you and APG, you must not reproduce, duplicate, copy, sell, trade, resell, exploit, access, or use for any commercial purposes any part of the APG Platform or any services or materials available through the APG Platform.

      If you wish to make any use of material on the APG Platform other than that set out in this section, please address your request to: admin@apgen.org.

      If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the APG Platform in breach of the Terms of Use, your right to use the APG Platform will cease immediately and you must, at APG’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the APG Platform or any content on the APG Platform is transferred to you, and all rights not expressly granted are reserved by APG. Any use of the APG Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  APG INTENDS TO FULLY PROSECUTE ALL VIOLATIONS OF APPLICABLE LAW AND PURSUE ALL AVAILABLE REMEDIES.

    5. Trademarks

      The APG trademark and logos, and all related names, logos, product and service names, designs, and slogans, are trademarks of APG or its affiliates or licensors. You must not use such marks without the prior written permission of APG. All other names, logos, product and service names, designs, and slogans on this APG Platform are the trademarks of their respective owners.

    6. Prohibited Uses

      You may use the APG Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the APG Platform or any content, material, or services available through the APG Platform:

      • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      • Except as otherwise agreed in writing, must be used solely for personal, non-commercial, and informational purposes.
      • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
      • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
      • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
      • To impersonate or attempt to impersonate APG, an APG employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the APG Platform, or which, as determined by APG, may harm APG or users of the APG Platform or expose them to liability.

      Additionally, you agree not to:

      • Use the APG Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the APG Platform, including their ability to engage in activities through the APG Platform.
      • Use any robot, spider, or other automatic device, process, or means to access the APG Platform for any purpose, including monitoring or copying any of the material on the APG Platform.
      • Use any manual process to monitor or copy any of the material on the APG Platform or for any other unauthorized purpose without APG’s prior written consent.
      • Use any device, software, or routine that interferes with the proper working of the APG Platform.
      • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
      • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the APG Platform, the server on which the APG Platform is stored, or any server, computer, or database connected to the APG Platform.
      • Attack the APG Platform via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the APG Platform.

    7. User Contributions

      The APG Platform may contain personal web pages or profiles, forums, groups, bulletin boards, message boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the APG Platform.

      All User Contributions must comply with the Content Standards set out in these Terms of Use.

      Any User Contribution you post to the APG Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the APG Platform, you grant APG and its affiliates and service providers, and each of their and APG’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

      You represent and warrant that:

      • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to APG and APG’s affiliates and service providers, and each of their and APG’s respective licensees, successors, and assigns.
      • All of your User Contributions are truthful, accurate, appropriate, and comply with applicable law.
      • All of your User Contributions do and will comply with these Terms of Use.

      You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not APG, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

      APG is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the APG Platform.

    8. Monitoring and Enforcement; Termination

      APG has the right to:

      • Remove or refuse to post any User Contributions for any or no reason in its sole discretion. APG may add, change, discontinue, remove, edit, or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
      • Take any action with respect to any User Contribution that APG deems necessary or appropriate in APG’s sole discretion, including if APG believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the APG Platform or the public, or could create liability for APG.
      • Disclose your identity or other information, per applicable law, about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the APG Platform.
      • Terminate or suspend your access to all or part of the APG Platform for any or no reason, including without limitation, any violation of these Terms of Use.

      Without limiting the foregoing, APG has the right to fully cooperate with any law enforcement authorities or court order requesting or directing APG to disclose the identity or other information of anyone posting any materials on or through the APG Platform. YOU WAIVE AND HOLD HARMLESS APG AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

      However, APG cannot and does not undertake to review all material before it is posted on the APG Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, APG assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. APG has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    9. Content Standards

      These content standards (the “Content Standards”) apply to any and all User Contributions and use of the APG Platform. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

      • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, color, national or ethnic origin, ancestry, age, appearance, religion, disability, gender, sexual orientation, gender expression, veteran status, political orientation, or any other characteristic protected under applicable federal or state law.
      • Infringe any patent, trademark, trade secret, copyright or other intellectual property, or other rights of any other person.
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and APG’s Privacy Policy.
      • Be likely to deceive any person.
      • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
      • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
      • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
      • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
      • Give the impression that they emanate from or are endorsed by APG or any other person or entity, if this is not the case.

    10. Copyright Infringement

      If you believe that any User Contributions violate your copyright, please see APG’s Copyright Policy set forth below for instructions on sending APG a notice of copyright infringement. It is the policy of APG to terminate the user accounts of repeat infringers.

    11. Reliance on Information Posted

      The information presented on or through the APG Platform is made available solely for general information purposes. APG does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. APG disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the APG Platform, or by anyone who may be informed of any of its contents.

      The APG Platform may include content provided by third parties, including materials provided by other users, APG members, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by APG, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of APG. APG is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

    12. Changes to the APG Platform

      APG may update the content on the APG Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the APG Platform may be out of date at any given time, and APG is under no obligation to update such material.

    13. Information About You and Your Visits to the APG Platform

      All information APG collects on this APG Platform is subject to APG’s Privacy Policy. By using the APG Platform, you consent to all actions taken by APG with respect to your information in compliance with the Privacy Policy.

    14. Linking to the APG Platform and Social Media Features

      You may link to the APG Platform homepage, provided you do so in a way that is fair and legal and does not damage APG’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on APG’s part without APG’s express written consent.

      The APG Platform may provide certain social media features that enable you to:

      • Link from your own or certain third-party APG Platforms to certain content on the APG Platform.
      • Send e-mails or other communications with certain content, or links to certain content, on the APG Platform.
      • Cause limited portions of content on the APG Platform to be displayed or appear to be displayed on your own or certain third-party APG Platforms.

      You may use these features solely as they are provided by APG, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions APG provides with respect to such features. Subject to the foregoing, you must not:

      • Establish a link from any website that is not owned by you.
      • Cause the APG Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
      • Otherwise take any action with respect to the materials on the APG Platform that is inconsistent with any other provision of these Terms of Use.

      The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

      You agree to cooperate with APG in causing any unauthorized framing or linking immediately to cease. APG reserves the right to withdraw linking permission without notice.

      APG may disable all or any social media features and any links at any time without notice in APG’s discretion.

    15. Links from the APG Platform

      If the APG Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. APG has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this APG Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such website.

    16. Geographic Restrictions

      The owner of the APG Platform, Association of Professional Genealogists is based in the United States. APG makes no claims that the APG Platform or any of its content is accessible or appropriate outside of the United States. Access to the APG Platform may not be legal by certain persons or in certain countries. If you are visiting the APG Platform or using the services from a country other than the country in which APG servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting the APG Platform, using the services, and/or communicating electronically with us, you consent to such transfers. If you access the APG Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    17. Membership and Other Terms and Conditions

      All purchases of APG memberships through the APG Platform or as a result of visits made by you are governed by the APG standard Membership Terms and Conditions currently located at https://www.apgen.org/cpages/membership-terms-of-service (the “Membership Terms”), and any other third party terms referenced in the Membership Terms, which are hereby incorporated into these Terms of Use.

    18. Purchase of Subscriptions and Goods

      All purchases of goods or subscriptions through the APG Platform are non-refundable. APG does not offer any returns, exchanges, or refunds.

    19. Disclaimer of Warranties and Other Disclaimers

      You understand that APG cannot and does not guarantee or warrant that files available for downloading from the internet or the APG Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to APG’s site for any reconstruction of any lost data.

      APG WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APG PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APG PLATFORM OR FROM APG, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

      YOUR USE OF THE APG PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APG PLATFORM, IS AT YOUR OWN RISK. THE APG PLATFORM, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APG PLATFORM OR FROM APG, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APG NOR ANY PERSON ASSOCIATED WITH APG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APG PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER APG NOR ANYONE ASSOCIATED WITH APG REPRESENTS OR WARRANTS THAT (i) THE APG PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APG PLATFORM OR FROM APG WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (ii) THAT DEFECTS WILL BE CORRECTED, (iii) THAT  THE APG PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iv) OR THAT THE APG PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APG PLATFORM OR FROM APG WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

      APG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

      YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE APG PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO APG AND BY POSTING INFORMATION ON THE APG PLATFORM, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND APG OTHER THAN PURSUANT TO THESE TERMS OF USE.

      YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD APG OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER OR APG MEMBER, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT APG IS NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS AND BETWEEN USERS AND APG MEMBERS.  APG HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF INTERACTION, THE TRUTH OR ACCURACY OF ANY INFORMATION POSTED OR PROVIDED THROUGH THE APG PLATFORM, OR THE QUALITY OF ANY SERVICES PROVIDED BY ANY APG MEMBER.  YOU SHOULD AT ALL TIMES TAKE REASONABLE PRECAUTIONS. 

      THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    20. Limitation on Liability

      IN NO EVENT WILL APG, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APG PLATFORM, ANY CONTENT ON THE APG PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APG PLATFORM, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

      IF YOU ARE DISSATISFIED WITH THE APG PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST APG, ANY THIRD PARTY PROVIDER, OR ANY USER OF THE APG PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE APG PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST APG IS TO DISCONTINUE USING THE APG PLATFORM. IN ALL EVENTS, APG’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE APG PLATFORM IS LIMITED TO $250.

      THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    21. Indemnification

      You agree to defend, indemnify, and hold harmless APG, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the APG Platform, including, but not limited to, your User Contributions, any use of the APG Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the APG Platform.

    22. Governing Law and Jurisdiction

      All matters relating to the APG Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

      Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the APG Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah in each case located in Salt Lake City, although APG retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    23. Arbitration

      At APG’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the APG Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Utah law.

    24. Limitation on Time to File Claims

      ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR RELATED IN ANY WAY TO THE APG PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    25. Waiver and Severability

      No waiver by APG of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of APG to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

      If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

    26. Entire Agreement

      The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any membership agreement, services agreement, or license terms between the parties, including the Membership Terms, constitute the sole and entire agreement between you and APG with respect to the APG Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the APG Platform.

    27. Your Comments and Concerns

      This APG Platform is operated by the Association of Professional Genealogists. All notices of copyright infringement claims should be sent to the copyright agent designated in APG’s Copyright Policy as set forth below in the manner and by the means set forth therein. All other feedback, comments, requests for technical support, and other communications relating to the APG Platform should be directed to: admin@apgen.org.

    Copyright Policy

    REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

    APG takes claims of copyright infringement seriously. APG will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the APG Platform infringe your copyright, you may request removal of those materials (or access to them) from the APG Platform by submitting written notification to APG’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

    • Your physical or electronic signature.
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the APG Platform, a representative list of such works.
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow APG to locate that material.
    • Adequate information by which APG can contact you (including your name, postal address, telephone number, and, if available, email address).
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the written notice is accurate.
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    APG’s designated copyright agent to receive DMCA Notices is:

    NAME: DMCA Agent

    Association of Professional Genealogists

    PO Box 2369
    Poulsbo, WA 98370
    United States

    admin@apgen.org
     

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on the APG Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    COUNTER-NOTIFICATION PROCEDURES

    If you believe that material you posted on the APG Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with APG (a “Counter-Notice”) by submitting written notification to APG’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

    • Your physical or electronic signature.
    • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
    • Adequate information by which APG can contact you (including your name, postal address, telephone number, and, if available, email address).
    • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
    • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the APG Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the APG Platform with the complaint at issue.

    The DMCA allows APG to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on the APG Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    REPEAT INFRINGERS

    It is APG’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.