Terms of Use and Services

I. TERMS OF USE AND SERVICES

A. 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 any other website operated by APG (collectively, the APG Platform), whether as a guest or a registered user/Member. The Terms of Use and Services apply to all users of the APG Platform.

B. You agree that you are permitted to use the APG Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and "you" means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.

C. If you are using the Services on behalf of a company, business or other entity, or if you are using the Services for commercial purposes, you and the entity will hold harmless and indemnify APG from any suit, claim or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.

D. Please read the Terms of Use and Services 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 and Services when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Services, and the APG Privacy Policy found at https://www.apgen.org/privacy_policy.php and incorporated herein by reference. If you do not want to agree to these Terms of Use and Services or the Privacy Policy, you must not access or use the APG Platform.

E. Platform Terms of Use and Privacy Policy

By entering into this Agreement, Member agrees to the APG Platform Terms of Use located at https://www.apgen.org/terms_of_service.php (Terms of Use), and the APG Privacy Policy located at https://www.apgen.org/privacy_policy.php (Privacy Policy), which are incorporated herein by reference. Capitalized Terms not defined in this Agreement shall have the meaning set forth in the Terms of Use and Privacy Policy. To the extent the Terms of Use or Privacy Policy are inconsistent with the Membership Terms, the Membership Terms shall control. Member shall make sure that all users of the Membership Services, including all users of the APG Platform, agree to the Terms of Use and Privacy Policy.

F. You agree not to use the Services in any manner that violates these Terms, including to:

i. obtain or attempt to obtain unauthorized access to the Services or to our servers, systems, network, or data;

ii. make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

iii. violate any applicable laws or regulations;

iv. impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any person or content transmitted through the Service;

v. make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;

vi. make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or

vii. interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.

viii. access or collect data, or attempt to access or collect data, from our Services using any automated means, devices, programs, algorithms or methodologies, including but not limited to robots, spiders, scrapers, data mining tools, or data gathering or extraction tools, for any purpose without our express, prior permission.

G. Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.

H. Ownership and Reuse. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless we have given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, APIs, and software).

I. Unless otherwise expressly stated, we do not promise to provide you with any support for the Services. If we provide you with support, it is at our sole discretion and does not mean that we will continue to provide you with support in the future.

II. 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/terms_of_service.php (the Membership Terms), and any other third party terms referenced in the Membership Terms, which are hereby incorporated into these Terms of Use.

III. ACCESS AND USE, MEMBER RESTRICTIONS

A. Access and Use.

Subject to and conditioned on Member’s and its Authorized Users’ compliance with the terms and conditions of this Agreement, APG hereby grants Member a non-exclusive, non-transferable right to access and use the Membership Services during the term of this Agreement, including all documents available through the Membership Services, solely for use by Authorized Users in accordance with the terms and conditions of this Agreement. Authorized User means Member’s employees, consultants, contractors, and agents (i) who are authorized by Member to access and use the Membership Services under the rights granted to Member pursuant to this Agreement and (ii) for whom access to the Membership Services has been purchased.

B. Reservation of Rights.

Except as otherwise provided, nothing in this Agreement grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to, the Membership Services, the APG Platform (including any contents, documents, or other materials available through the APG Platform), or third-party materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the Membership Services, the APG Platform, and third-party materials are and will remain with APG and the respective rights holders in the third-party materials.

C. Authorization Limitations and Restrictions.

Member shall not, and shall not permit any other person to, access or use the Membership Services except as expressly permitted by this Agreement and, in the case of Third-Party Services and Third-Party materials, the applicable third-party services agreement, license agreement or Third-Party Terms. For purposes of clarity and without limiting the generality of the foregoing, Member shall not, except as this Agreement expressly permits:

i. copy, modify, or create derivative works or improvements of the Membership Services;

ii. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Membership Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;

iii. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Membership Services, in whole or in part;

iv. bypass or breach any security device or protection used by the Services or access or use the Services other than by an Authorized User through the use of his or her own then valid access credentials;

v. input, upload, transmit, or otherwise provide to or through the Services or APG Platform, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code;

vi. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Membership Services, the APG Platform, or APG ’s provision of services to any third party, in whole or in part;

vii. remove, delete, alter, or obscure any trademarks, specifications, documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Membership Services, including any copy thereof;

viii. access or use the Membership Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party or that violates any applicable law;

ix. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

x. send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive, or tortious material, including material harmful to children or violative of third-party privacy rights;

xi. send or store material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs;

xii. attempt to gain unauthorized access to the Membership Services, the APG Platform, or related systems or networks;

xiii. use the Membership Services 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);

xiv. use the Membership Services 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;

xv. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Membership Services, the APG Platform, or which, as determined by APG, may harm APG or users of the APG Platform or Membership Services or expose them to liability;

xvi. use any device, software, or routine that interferes with the proper working of the Services or the APG Platform;

xvii. access or use the Membership Services for purposes of competitive analysis of the Membership Services, the development, provision or use of a competing services or products, or any other purpose that is to APG’s detriment or commercial disadvantage; or

xviii. otherwise access or use the Membership Services beyond the scope of the authorization granted under this Agreement.

D. Code of Ethics.

At all times while a Member, Member shall comply with, and be subject to, APG’s then current code of Ethics and Professional Practices, currently located at https://www.apgen.org/code_of_ethics.php.

E. Groups Code of Conduct.

Members have access to APG forums and groups (the Groups). Members who use the Groups agree to follow the Member Group Guidelines found at https://members.apgen.org/members/forum/board_list.php in addition to the Content Standards referenced in the Platform Terms of Use.

F. Continuing Education.

All Members agree that, as a condition of their membership, they must complete twelve (12) hours of continuing education in genealogical or business topics each year, as per the discussion and requirements set forth on the APG Platform, currently located at https://www.apgen.org/continuing_education.php.

G. Additional Member Obligations.

In addition to any other provision of this Agreement, Member shall: (i) have responsibility for the accuracy, quality, legality, reliability, and appropriateness of all Member Materials (as defined in Section 5.2), including all Member Data (as defined in Section 3.1); (ii) timely supply APG with all necessary information and resources including, without limitation, all files, materials, data necessary for the Membership Services, and access to information, personnel, systems, and facilities, reasonably requested by APG (and APG shall be entitled to rely upon any instructions, guidelines, or information provided to APG by Member); (iii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Membership Services; (iv) comply with all applicable laws (including laws regarding privacy and protection of consumer information) in using the Membership Services; (v) obtain and maintain all computer hardware, software, and communications equipment needed to access the Membership Services; (vi) retain sole control over the operation, maintenance, and management of, and all access to and use of, the Member systems, and sole responsibility for all access to and use of the Membership Services.

H. Suspension or Termination of Services.

APG may, directly or indirectly, through disabling technology or other legal means, suspend, terminate, or otherwise deny Member’s, any Authorized User’s, or any other person’s access to or use of all or any part of the Membership Services, without incurring any resulting obligation or liability, if: (a) APG receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires APG to do so; or (b) APG believes, in its discretion, that: (i) Member or any Authorized User has failed to comply with any term of this Agreement, or accessed or used the Membership Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with any instruction or requirement of APG; (ii) Member or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Membership Services; or (iii) this Agreement expires or is terminated. This Section does not limit any of APG’s other rights or remedies, whether at law, in equity, or under this Agreement.

IV. Member Data and Security

A. Member Control and Responsibility.

Member has and will retain sole responsibility for: (a) all Member Data, including its content and use; (b) all information, instructions, and materials provided by or on behalf of Member or any Authorized User in connection with the Membership Services; (c) Member’s information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Member or through the use of third-party services (Member Systems); (d) the security and use of Member’s and its Authorized Users’ access credentials; and (e) all access to and use of the Membership Services directly or indirectly by or through the Member Systems or its or its Authorized Users’ access credentials, with or without Member’s knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use. Member Data means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from Member or an Authorized User by or through the Membership Services or that incorporates or is derived from the processing of such information, data, or content by or through the Services.

B. Access and Security.

Member shall employ all physical, administrative, and technical controls; screening and security procedures; and other safeguards necessary to: (a) securely administer the distribution and use of all access credentials and protect against any unauthorized access to or use of the Membership Services; and (b) control the content and use of Member Data, including the uploading or other provision of Member Data for processing by the Membership Services.

V. ACCESSING THE APG PLATFORM AND ACCOUNT SECURITY

A. 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.

B. 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 and Services means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes, as they are binding on you.

C. 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.

D. If you choose, or are provided with, a username, 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 username, 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 username 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.

E. 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.

F. APG has the right to disable any username, 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.

VI. FEES; PAYMENT TERMS

A. Fees.

Member shall pay APG the standard fees and expenses for the type of Membership Services Member purchased from APG (Fees). The current Fee structure is set forth on at the APG Platform at https://members.apgen.org/members/newmem/new-mem-reg.php. APG reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the initial Term or then-current renewal Term of Membership Services, upon thirty (30) days prior notice to Member. Unless otherwise provided, all Fees are non-refundable.

B. Taxes.

All Fees and other amounts payable by Member under this Agreement are exclusive of taxes and similar assessments. Member is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Member hereunder, other than any taxes imposed on APG’s income.

C. Payment.

Member shall pay the Fees as set forth in the applicable Membership Application. Unless otherwise indicated on the Membership Application or other order form, all Fees will be due and payable prior to commencement of the Membership Services, and all recurring Fees prior to the beginning of each recurring period of the Membership Services term. Payment terms shall be strictly enforced. APG reserves the right to charge late payment fees to be assessed monthly as interest at the lesser of 1.5% and the maximum rate permitted by applicable law or a set fee to be assessed, plus all expenses of collection. If Member believes that APG has billed Member incorrectly, Member must contact APG no later than sixty (60) days after receipt of the applicable invoice or billing, in order to receive an adjustment or credit. Inquiries should be directed to APG’s Executive Director.

D. Late Payment.

Should Member fail to make timely payments pursuant to the Agreement, APG may suspend further performance of any or all Membership Services. If Member fails to pay any due and payable amounts within 10 calendar days after receipt of APG’s written notice that such amounts are past due, Member shall be deemed to be in material breach of this Agreement.

VII. INTELLECTUAL PROPERTY RIGHTS

A. 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:

i.   Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
ii.   You may store files that are automatically cached by your web browser for display enhancement purposes.
iii.   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:

a.   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.
b.   The APG Materials may not be modified.
c.   You may not remove any copyright, trademark, or other proprietary notices from such APG Materials

iv. 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:
v. Modify copies of any materials from the APG Platform.

vi. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

vii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the APG Platform.

B. 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.

C. Member Intellectual Property License.

Member grants to APG a limited, non-exclusive, royalty-free right and license to use the Member Materials as necessary to fulfill APG’s obligations under this Agreement for the purpose of providing the Membership Services. Member Materials means all content and all other information in any form or media, including but not limited to Member Data and all other documents, data, know-how, ideas, specifications, software code, and other materials, provided to APG or through the APG Platform by or on behalf of Member or an Authorized User, whether or not the same: (a) are owned by Member, a third party, or in the public domain; or (b) qualify for or are protected by any intellectual property rights, including all trademarks, trade names, service marks, trade dress, designs, artwork, and logos of Member associated with the Services and all Member-Specific Content. Member further grants to APG, on a perpetual basis, a right and license to use aggregated and de-identified Member Data for the purposes of improving the Membership Services.

VIII. 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.

IX. USE OF APG MATERIALS

APG does authorize Members to view, copy, download, and print APG documents and other APG materials that are available on the APG Platform subject to the following conditions: (i) the APG Materials may be used solely for personal, noncommercial, internal use, and informational purposes, and not for further reproduction, publication, or distribution; (ii) the APG Materials may not be modified; (iii) the APG copyright notice may not be removed, and otherwise the following copyright notice must appear in each document: "Copyright 20xx Association of Professional Genealogists. All rights reserved."; (iv) copyright, trademark, logo, and other proprietary notices may not be removed; (v) permission to reprint articles from APGQ (APG Quarterly) must be obtained in writing from the APGQ editor and APGQ must be acknowledged in any reprint.

A. Use of APG Logo/Post-Nominal.

The APG Member Logo is available in both web and high-resolution format to APG members. The APG Member Logo must be used in an unaltered state. No other APG logo may be used by members. This includes the national APG logo.

Companies that employ or contract with both APG members and non-members may not use the APG member logo on their company publications, advertising, or correspondence, including their website, unless it is directly associated with the individuals who are members of APG. The accompanying text must state which individual is the member.

If all case managers, assistant case managers, researchers, research assistants, employees, contractors (excluding record agents who work only on an occasional contract basis), and other individuals directly involved in conducting research for clients are also members of APG, then the member logo may be used on company publications, including the website, with the accompanying text such as "All researchers at [Name of Company] are proud members of the Association of Professional Genealogists."

The APG member logo may not be used to imply that all employees, owners, or partners in a business are members of APG if this is not the case.

For clarification purposes, as APG is a membership organization and not a certifying body, except as set forth above, the APG logo may not be used for any purposes, including personal or commercial purposes, without the prior written consent and authorization of APG. Moreover, Members may not use the letters APG or other APG Intellectual Property as a post-nominal. Members are, however, encouraged to use and prominently display the APG Member logo on business cards, websites, and written materials as outlined above.

X. PROHIBITED USES

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 that 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.

XI. FEEDBACK

If Member or any Authorized User transmits or provides any communications or materials to APG by mail, email, telephone, or otherwise, suggesting or recommending changes to the Membership Services or the APG Platform (Feedback), APG is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. Member hereby assigns to APG on Member’s behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and APG is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although APG is not required to use any Feedback.

XII. PUBLICITY.

Member agrees that APG may use Member’s business name, website URL, and logo on the APG Platform and in its marketing materials, identifying Member as a current or former Member of APG.

XIII. CONFIDENTIALITY

A. Confidential Information.

From time to time during the Term of this Agreement, either party (as the Disclosing Party) may disclose or make available to the other party (as the Receiving Party), non-public proprietary and confidential information of Disclosing Party (Confidential Information); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. Member acknowledges that APG does not wish to receive any Proprietary Information from Member that is not necessary for APG to perform its obligations under this Agreement, and, unless the Parties specifically agree otherwise, APG may reasonably presume that any unrelated information received from Member is not Confidential Information.

B. Non-Disclosure/Non-Use.

The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. Notwithstanding the above, APG may use for development, diagnostic, and corrective purposes any data and information it collects relating to the Membership Services. Each Party’s rights and obligations under this Agreement shall survive any expiration or termination of this Agreement for a period of three (3) years from the date of such expiration or termination, even after the return or destruction of Confidential Information by the Recipient. Notwithstanding the above, the survival period for Confidential Information that qualifies as trade secrets will last as long as the information qualifies as a trade secret under applicable federal, state or local law.

XIV. 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.

XV. 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.

A. Term and Termination.

i. Unless earlier terminated in accordance with this Agreement, this Agreement will continue in effect for the period set forth in the applicable Membership Application or order. Unless Member provides written notice prior to the end of the initial or then current renewal term of the Agreement, the Agreement will automatically renew at APG’s then current Fee structure.

ii. In addition to any other express termination right set forth elsewhere in this Agreement:

a. either Party may terminate this Agreement, effective on written notice to the other Party, if the other party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days (ten (10) days for any failure to pay amounts due) after the non-breaching party provides the breaching party with written notice of such breach; and

b. either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other party: (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

iii. Surviving Terms.

Any provision or other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement.

XVI. 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 that 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.

XVII. 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.

XVIII. 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.

XIX. 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.

XX. 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.

XXI. 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.

XXII. 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.

XXIII. 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.

XXIV. 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.

XXV. REPRESENTATIONS AND WARRANTIES

A. Mutual Representations and Warranties.

Each Party represents and warrants to the other Party that: (a) it is duly organized, validly existing, and in good standing as a corporation or other entity under the laws of the jurisdiction of its incorporation or other organization; (b) it has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (c) this Agreement has been duly authorized by all necessary corporate or organizational action of such party; and (d) this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.

B. Additional Member Representations, Warranties and Covenants.

Member represents, warrants and covenants to APG that the Member Materials (including Member Data) is accurate, and that Member owns or otherwise has and will have the necessary rights and consents in and relating to the Member Materials so that, as received by APG and processed in accordance with this Agreement, they do not and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any applicable law, and that it will comply with all terms and conditions of any agreement between Member and the provider of Third-Party Services.

XXVI. 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XXVII. 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XXVIII. 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.

XXIX. FORCE MAJEURE

Neither Party shall be liable for any default or delay in the performance of any of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by (a) fire, flood, earthquake, elements of nature, or acts of God; (b) wars (declared and undeclared), acts of terrorism, sabotage, riots, civil disorders, rebellions, or revolutions; (c) extraordinary malfunction of third-party Internet infrastructure, data centers, or related systems or (d) acts of any governmental authority with respect to any of the foregoing, and provided that such default or delay cannot reasonably be circumvented by the non-performing Party through the use of commercially reasonable alternate sources, workaround plans, or other commercially reasonable means.

XXX. 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.

XXXI. MISCELLANEOUS

A. Relationship between the parties.
The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.

B. Notices.
Any notice to be given under this Agreement shall be in writing and delivered by hand, U.S. mail or other postal service, or electronic mail to the address listed in the Membership Application of Member.

XXXII. 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.

XXXIII. 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.

XXXIV. 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.

XXXV. 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.

XXXVI. 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.

XXXVII. 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.