Please Read Carefully
Note: This Site is for access and use only by individuals for personal use. Information regarding access and use for institutions is available by contacting a NewsBank sales representative as follows:
1. Parties / Acceptance
These Terms and Conditions are a contract between you as an individual licensee and NewsBank, inc., a Delaware corporation having its principal place of business at 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida 34108 ("NewsBank"), as licensor. By accessing this site (the "Site"), you agree to all of the following Terms and Conditions. If you do not agree, you should exit the site and not use it further. NewsBank reserves the right to revise these Terms and Conditions at any time by updating this posting, and also to modify or terminate any products, services, software, applications or features on the Site at any time. All products, services, software, applications or features available on or through this Site are subject to these Terms and Conditions, including but not limited to the EXCLUSION OF WARRANTIES and Limitations of Liability, below.
3. Subscription Terms
(a) Subscription Terms: For your convenience, all GenealogyBank memberships are automatically renewing. This means that once you have become a subscriber, your subscription will be automatically renewed and you will be charged based on the membership you have chosen unless you cancel by following the instructions below.
(b) Prices Subject to Change: Subscription prices may change at any time. Memberships will renew at the then current subscription price for the membership you originally selected when you subscribed. GenealogyBank shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means.
4. License / Limitations on Use
(a) You, as an individual visitor to this site (the "Site"), and subject to paying the applicable fee(s) to gain access to the Content (As defined under Section 4(a)) available on the Site, are granted a non-exclusive, non-transferable, limited license to browse, search, retrieve, view, print and/or download, the Content on the Site for your personal non-commercial academic, educational and research purposes. Printing and downloading are further limited to insubstantial portions of the data, for temporary storage. You understand and acknowledge that all use is subject to any additional restrictions and disclaimers that NewsBank or its suppliers publish, from time to time.
(b) In no event shall your access be used to avoid the need for any educational institution (school, college, university, etc.,) or any library, firm, corporation, limited liability entity, joint venture, municipality, county, state, country or any other governmental entity, nor any other similar or dissimilar potential NewsBank customer from subscribing to any Content or NewsBank product. If NewsBank reasonably determines that your access and/or use of the Site or Content may be impairing NewsBank's potential ability to make any sale(s) of any such NewsBank product or Content to any other potential NewsBank customer(s), NewsBank may terminate your access to the Site in addition to any legal remedies available to NewsBank.
(c) You shall not remove any copyright, trademark or other proprietary notices from the Content or Site, nor shall you distribute, modify, transmit, reuse, re-post, or use any Content from the Site for any public and/or any commercial purpose(s). These limitations apply to all Content on the Site, including but not limited to text, images, applications, computer code, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of NewsBank and/or its suppliers.
5. Copyright, Publishers' Rights, and Trademarks
(a) You acknowledge that the Site consists of materials copyrighted by third parties and containing trademarks owned by third parties, and that NewsBank owns the copyright of the compilations of these materials. The Site contains copyrighted material, trademarks and other proprietary information owned by NewsBank and its content providers, including without limitation, compilations, text, software, photographs, video, graphics, trademarks, service marks, logos, designs, and music and sound (the "Content"), and such Content is protected under U.S. copyright laws, U.S. trademark laws, and other intellectual property laws as well as international copyright and trademark laws and treaties. You acknowledge that use of the Site and Content must not infringe the rights of NewsBank or of any third parties.
(b) Consistent with the fair-use provisions of the Copyright Act of the United States, you shall reproduce and/or store only insubstantial portions of the Content, resulting from specific searches for your own personal non-commercial academic, educational and research purposes. You shall not store or use, or allow to be stored or used, any portion of the Site or Content in a searchable database without expressed written permission to you from NewsBank and (if applicable) from NewsBank's respective content providers. Nothing in these Terms and Conditions shall be construed as granting either you or any third party any interest in or to the Site and/or any interest in or to the Content. All rights in and to the Site and Content are expressly reserved by NewsBank and/or NewsBank's respective content providers.
(c) Unless otherwise specifically noted, all material on the Site is copyrighted and belongs either to the original publisher of the Content or to NewsBank. You agree to respect the copyrights of the owners and to take no action that would violate any such right(s). Without limiting any of the foregoing, you specifically agree not to redistribute any Content from this Site or store or use any Content from this Site in any searchable database. Copyright violation is a serious offense, punishable by civil and/or criminal penalties.
(d) The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are the Trademarks of NewsBank, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of NewsBank or the third party that may own the relevant material.
6. Limitations on Liability
(a) NewsBank uses reasonable efforts to include accurate and up-to-date information and Content in the Site, but makes neither express nor implied warranties as to the accuracy of either. NewsBank assumes no responsibility for the Content furnished by any publishers, and expressly disclaims liability for any offensive, defamatory, and/or infringing Content that may be furnished by a publisher for inclusion on the Site. NewsBank has not reviewed any sites linked to the Site and is not responsible for the Content of any off-Site pages or any sites linked to the Site. Your access to, and use of, the Site, including your linking to any other off-Site pages or other sites, are at your own risk.
(b) Any merchandise, coupons, offers, products or services offered to you through links to the Site are provided by third parties, none of which are affiliated with NewsBank. NewsBank does not endorse any third-party sites or any offers available through any such sites. NewsBank has no responsibility for any transactions and/or any communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.
(a) Subscription Memberships: GenealogyBank allows you to cancel your membership any time within the first thirty days (30 days) after your initial membership begins and receive a full refund if purchased with a credit card. Refunds will not be issued for any membership paid for by check or money order. In order to cancel your account, you must contact customer service at 1-866-641-3297 (Mon-Fri 10am-7pm EST). If you reside outside of the United States you may request to cancel your membership by emailing us at firstname.lastname@example.org.
Your cancellation must be received by end of business (7:00 p.m. Eastern Time) on the 30th subscription day. If the 30th subscription day falls on a weekend or holiday, then the refund period is extended to include the next day that is not a weekend or holiday.
After the deadlines noted above, you may still cancel your membership but no refund will be issued for unused subscription periods.
(b) Shipped products: No returns are accepted on books and CDs unless there has been a mis-shipment or the product is damaged or defective. Books or CDs that are found to be defective or damaged will be replaced. Please contact customer service immediately at 1-866-641-3297 (Mon-Fri 10am-7pm EST) to report any problems with your order.
8. Exclusion of Warranties
(a) EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEWSBANK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR PERFORMANCE OF ANY PRODUCTS, SERVICES, APPLICATIONS, FEATURES, INFORMATION OR MATERIALS ON THE SITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE SITE.
(b) Neither NewsBank nor any other party involved with the Site shall be liable for any direct, indirect incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. NewsBank's maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount, if any, you paid to NewsBank for access to the Content on the Site.
(c) By using the Site, you agree to release and hold harmless NewsBank, its affiliates, officers, directors and employees from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or anything downloaded from this Site. By using the Site, you also agree to abide by all laws, rules and/or regulations in the geographic location where you are located whenever you gain access to the Site. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.
9. Intellectual Property Infringement Claims
NewsBank will respond promptly to any claims that infringing material appears on the Site, including investigating any such claims with the publishers who furnish the Content for this Site and taking any appropriate action under applicable laws. Publishers who furnish Content that appears on this Site represent and warrant to us that they hold the necessary rights for such Content.
10. Violations / Disputes
(a) NewsBank reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating your access to the Site. Any failure by NewsBank to enforce any of its rights hereunder shall not be deemed a waiver of any such rights or of any other rights. These Terms and Conditions, including all Terms and Conditions incorporated herein by reference, is the entire agreement between you and NewsBank and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Any provision found to be unenforceable by a court of law shall be construed for maximum effect, and shall not impair any other provisions. Each third party content provider of Content has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
(b) These Terms and Conditions are governed by the laws of the State of Florida without regard to principles of conflicts of laws. These Terms and Conditions shall not be modified except as expressly stated herein above. Any disputes relating hereto or to any use of this Site shall be resolved exclusively in the State or Federal Courts located in the State of Florida. You and NewsBank both consent to the jurisdiction of such courts for any and all such disputes.