Terms of Service

 

GRL TERMS OF SERVICE

Last updated on July 17, 2012

1. Acceptance of Terms

This Site is provided by The Genealogical Research Library, Inc., ("GRL") subject to the following Terms of Service (the "Agreement"), which may be updated by us from time to time. GRL reserves the right to alter this Agreement without advance notice by posting a revised Agreement. You can determine if the Agreement has been revised by referring to the "Last Updated" date at the top of this page.

This Agreement applies to the Web site www.GRLresearch.com (the "Site") In addition, when using particular services provided through the Site, you shall be subject to any additional posted guidelines, rules, and terms and conditions applicable to such services. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into the Agreement.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN
IN EFFECT.

Any questions about the meaning or application of this Agreement should be directed to grl@grlresearch.com or to The Genealogical Research Library, Inc., 4025 Dorchester Road, Suite 305, Niagara Falls, Ontario, Canada L2E 7K8.

2. Description of the Services

GRL provides users with access to a rich collection of online resources, including, but not limited to, searchable databases, learning tools, graphics, software, descriptors of website links, and URLs directed to other websites, and other specialized information. Unless explicitly stated otherwise, any new features that augment or enhance the Services made available through the Sites shall be subject to the then-current Agreement. This GRL website contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through this Website does not imply approval or endorsement of the linked web site by us. If you decide to access these sites, you do so at your own risk.

3. Registration Obligations/Screen Names

You are not obligated to register with us in order to access certain features and information available to the general public on the Site. We offer certain Services through the Site, however, for which registration is necessary. All submissions of your information are governed by our Privacy Policy. To become a user, you will select your own user name and password at the time of registration. We may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.

In consideration of your use of the Site and the Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password and agree not to transfer your use of or access to the Site or any Services to any third party. You are fully responsible for all activities that occur under your password and/or user name. You agree to immediately notify GRL of any unauthorized use of your password or user name or any other breach of security. GRL is not liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.

4. GRL Privacy Policy

This Agreement incorporates the terms of GRL's Privacy Policy and GRL's Refund Policy.

5. Rules of Conduct

While using the Site and/or any Service, you will comply with all applicable laws, rules, and regulations. In addition, GRL expects users of the Site and any Service to respect the rights and dignity of others, and your use thereof is conditional on your compliance with the following Rules of Conduct. You will not:

A. Use of the Site for any illegal purpose; or encourage conduct that constitutes a criminal offense, or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking.

B. Interfere with any other user's right to privacy. In addition, you will not harvest personally identifiable information about users of the Site without their express consent.

C. Impersonate any person or entity, including, but not limited to, any GRL representative or another user of GRL's Services; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
 
D. Post, transmit, or otherwise make available any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, malicious intrusion or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.

E. Interfere with or disrupt the operation of the Site or any Services, or the servers or networks that provide the Services; or disobey any requirements, procedures, policies, or regulations of such networks.

F. Restrict or inhibit any other user from using the Site, including by means of hacking or defacing any portion of the Sites.

G. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or the Site.

H. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.

I. Remove any copyright, trademark, or other proprietary rights notice contained on the Site.

J. Frame or mirror any part of the Sites without GRL's prior written authorization.

K. Create a database or document for public distribution or sale by systematically downloading and storing all or any of the content on the Site.

6. Payment

If you wish to purchase products or Services described on the Site, you will be asked to supply certain information applicable to your purchase. You understand that any such information will be treated by us in the manner described in our Privacy Policy. You agree that all information that you provide to us will be accurate, current, and complete. You agree to pay all charges incurred for purchases made in connection with your user name and/or account at the price(s) in effect when such charges are incurred. You will also pay all applicable taxes resulting from your purchases. Credit card payments for purchases made online may be made by credit card through externally-offered payment systems. GRL does not store credit card information such as card numbers and expiry dates on its Site.

7. Monitoring and Disclosure of Content

A. You acknowledge that GRL does not pre-screen all content posted on its site, and that GRL shall not be responsible for policing, monitoring, or editing such content.

B. Any personal information you that you input, post, or upload to the Site will be treated by us in the manner described in our Privacy Policy.

C. You acknowledge and agree that GRL may preserve any content that is posted on or made available through the Site, and may disclose any content and its origin if GRL believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Site, their users, or the
public.

8. GRL's Proprietary Rights

You acknowledge and agree that the information and materials presented to you on or through the Site, including the Content, are the property of GRL and its licensor and suppliers, and are protected by copyright, trademark, patent, database or other proprietary rights and laws. Except as expressly authorized by GRL, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any materials, including the Content, made available on or through the Site, in whole or in part.

9. Limitations of Liability and Disclaimer of Warranties

A. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE, THE CONTENT, SUBMISSIONS, ANY PRODUCTS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE SITE (INCLUDING WITHOUT  LIMITATION ANY SOFTWARE) ARE PROVIDED TO YOU "AS IS" (UNLESS OTHERWISE EXPRESSLY STATED) WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, AND ANY CONTENT AND SUBMISSIONS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT OR SUBMISSIONS.

B. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GRL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, ANY CONTENT CONTAINED THEREON OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE (UNLESS OTHERWISE EXPRESSLY STATED), INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GRL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF GRL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, GRL WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE OR SYSTEM DOWNTIME OR INABILITY TO ACCESS SUBSCRIPTIONS, FROM PRODUCTS OR SERVICES ACQUIRED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT OR SERVICE IS TO STOP USING THE SITE.


C. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GRL MAKES NO WARRANTY THAT (i) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY  OF ANY PRODUCTS, SERVICES, CONTENT, SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS (UNLESS OTHERWISE EXPRESSLY STATED); (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (vi) THE SITE OR THE SERVICE(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


E. THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES DO NOT AFFECT ANY CONTRACTUAL AND/OR STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE LOCAL LAWS.

10. Indemnity

You agree to defend, indemnify, and hold harmless GRL, and its respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your activities in connection with your unauthorized use of the Site; (ii) any violation of the Agreement by you.

11. Links

The Site may provide links to other Internet sites or resources. Because GRL has no control over such sites and resources, you acknowledge and agree that GRL is not responsible for the availability of such external sites or resources, and GRL does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Other Web sites may provide links to the additional other sites with or without GRL's authorization. GRL has no control over sites that provide links to the other sites, and you acknowledge and agree that GRL does not endorse such sites and is not responsible for any links from those sites to other sites or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that GRL and its Affiliated Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that GRL provides links to or that provide links to the Site, or (ii) any content, goods, or services available on or through any such sites or resources. GRL shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.

12. Dealings With Third-Party Providers of Goods and Services

Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Site, including payment and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that GRL and its Affiliated Companies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Sites.

13. Copyright Issues

Provincial or federal Acts in Canada provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Canadian or International copyright laws. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by Acts and Laws of Canada. Notices and counter-notices should be sent to: The Genealogical Research Library, Inc., 4025 Dorchester Road, Suite 305, Niagara Falls, Ontario, Canada L2E 7K8. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are may be penalties for
false claims.

14. Modification or Suspension of Services

GRL reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. GRL reserves the right to change the amount of any fee or charge and to institute new fees or charges at any time for any Service, effective upon GRL posting notice thereof. You agree that GRL and its Affiliated Companies shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any Content, feature, or product offered on the Site. Your continued use of the Site after such changes will indicate your acceptance of the changes.

15. Termination

You agree that GRL, in its sole discretion, may terminate your use of the Site and/or Services, for any reason, including, without limitation, if GRL believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, the Privacy Policy, or any additional posted guidelines, rules, and terms and conditions applicable to any services provided through the Site. You agree that any termination of your access to the Site and/or the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GRL may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Services. GRL shall not be liable to you or any third party for any termination of your access to the Services.

16. Jurisdictional Issues

GRL neither represents nor warrants that the Site or the Services are appropriate or available for use in any particular jurisdiction, whether within or outside Canada. Accessing the Site or the Services from any location other than Canada is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to Canadian export controls and are responsible for any violations of Canadian embargoes or other federal or provincial rules and regulations restricting exports. We may limit the Site's availability or the provision of any of the Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.

17. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and Canada, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or Provincial courts located in Ontario, Canada. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. For non-Canadian residents, we recognize that this Agreement may be governed by and interpreted by the laws pertaining to the country in which you reside or, if different, the country in which you access the Services. You acknowledge and agree that if you reside outside Canada, certain services may not be available to you.

18. Notice

Notices to you may be made via either e-mail or regular mail. The Services may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices.

19. Miscellaneous

A. If any part of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of this Agreement will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and GRL with respect to your use of the Site or any Services and supersedes all prior or  contemporaneous communications and proposals between you and GRL. You agree and acknowledge that participation in any Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between you and GRL, other than the relationship between GRL and you entered into by virtue of this Agreement.
 
20. Filtering

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

21. Information or Complaints

If you would like any further information or if you have a complaint regarding the Site or Services, you can make such inquiry or complaint by email to grl@grlresearch.com.


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