Family Footprints - WebStore Terms of Use



WebStore Terms of Use


Family Footprints WebStore Terms of Use is located at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/termsstore.html

Family Footprints Terms of Use is located at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/terms.html




TERMS OF USE
LAST UPDATED:   September 15, 2002

1. WEBSTORE ACCEPTANCE OF TERMS

Welcome to Family Footprints WebStore.   Family Footprints provides its WebStore service to you, subject to the following WebStore Terms of Use  ("WebStore Terms"), which may be updated by us from time to time without notice to you.   You can review the most current version of the WebStore Terms at any time at: http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/termsstore.html.
By use of the Family Footprints WebStore, located within and throughout the Family Footprints subdomain: http://freepages.genealogy.rootsweb.com/~robertjpowell, you accept acknowledgement and agree to this WebStore Terms, which are in ADDITION TO, and NOT a replacement of in any way, the Terms which can be viewed at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/terms.html.

2. FAMILY FOOTPRINTS TERMS

Any and all user(s), visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) who access or use the Family Footprints WebStore are also subject to the Family Footprints Terms.   There are two seperate Terms of Use, one for the Family Footprints general website, and an additional Terms of Use for the Family Footprints WebStore.   The current Family Footprints Terms may be viewed at: http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/terms.html.   By use of the Family Footprints WebStore, you accept acknowledgement and agree to the Terms and in addition, the WebStore Terms.

3. DESCRIPTION OF SERVICE

Family Footprints is a registered affiliate of Ancestry.com.   Family Footprints in this affiliation is able to offer genealogy products and services ("WebStore Service") on Family Footprints website ("WebStore") by and through Ancestry.com.   Unless explicitly stated otherwise, any new features that augment or enhance the current WebStore Service, shall be subject to the WebStore Terms.
You understand and agree that the Service is provided "AS-IS" and that Family Footprints , its Owner(s), Webmaster(s), Subsidiary(ies), Affiliate(s), Officer(s), Agent(s), Co-Brander(s) or Other Partner(s), and Employee(s), assumes no responsibility for the use of the WebStore Service.   You are responsible for obtaining access to the WebStore Service, and that access may involve, but not limited to, third party fees (such as Internet Service Provider, airtime charges, or membership fees).   You are responsible for those fees, including any other "third party" fees associated with access to the WebStore Service and use of the Family Footprints WebStore not mentioned, or within the Ancestry.com website.   In addition, you must provide and are responsible for all equipment necessary to access the WebStore Service.

4. AFFILIATE COMPANIES

An "Affiliate Company" are "ANY and ALL" Companies, Stores, Corporations, or Individuals that offer Merchandise and/or Services for sale that are "Advertised" on the Family Footprints website.

Family Footprints is a registered affiliate of Ancestry.com.   Family Footprints in this affiliation is able to offer genealogy products and services ("WebStore Service") on Family Footprints website ("WebStore") by and through Ancestry.com.
Because Family Footprints has no control over Ancestry.com, and it's sites, pages, or resources, you acknowledge and agree that Family Footprints is not responsible for the availability of such external sites, pages, or resources, and does not necessarily endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, pages, or resources.   You further acknowledge and agree that Family Footprints 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
All of the Merchandise and/or Services that are available for sale by and through our "Affiliate Companies" are for sale by and through our "Affiliate Companies", and NOT by Family Footprints .   Family Footprints is only a doorway to their products and services for which they offer.

5. ADDITIONAL TERMS, CONDITIONS AND POLICIES

Each of our Affilliate Companies, including any third parties, has their own Terms of Use, Terms of Service, Privacy Policies, Conditions, in addition to any other Terms, Conditions, or Policies that any and all user(s), visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) who access or use their website(s), service(s), product(s) or other(s), are additionaly bound to.
Any and all user(s), visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) who go into an "agreement" or "transaction" with the purchase of Merchandise, Products, Services, or other, are bound by the "Affiliate Companies" "User Agreements", "Contact Agreements", "Purchase Agreements", or any other stated "Agreement" that the "Affiliate Company" has involving the use of the service, merchandise, products, services, website, or other.   Family Footprints assumes no responsibility for the use of the Service with any of our "Affiliate Companies".
Family Footprints is a registered affiliate of Ancestry.com , that being the case, we have provided the location of their current polices below.
Ancestry.com 's,   Terms and Conditions located at:   http://www.ancestry.com/legal/terms.htm

6. LINKS

The WebStore Service may provide, or third parties may provide, links to other World Wide Web sites , web pages, or resources.   Because Family Footprints has no control over such sites, pages, and resources, you acknowledge and agree that Family Footprints is not responsible for the availability of such external sites, pages, or resources, and does not necessarily endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, pages, or resources.   You further acknowledge and agree that Family Footprints 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

7. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, our affiliate companies, third parties, or advertisers found on or through the WebStore Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser.   You agree that Family Footprints 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 advertisers on the WebStore Service.

8. TRANSACTIONS OR AGREEMENTS

Any and all user(s), visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) who access or use and conduct any type of transaction with any affiliate companies, third parties, advertisers, or any and all Companies, Stores, Corporations, Individuals, or Other is a transaction between the two, therefore any transaction made by any and all user(s), visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) of Family Footprints and an "Affiliate Company", is NOT a transaction between the any and all user(s), visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) of Family Footprints and Family Footprints , its Owner(s), Webmaster(s), Subsidiarie(s), Officer(s), Agents(s), Co-Brander(s) or Other Partner(s), and Employee(s), and Family Footprints assumes no responsibility for the use of the WebStore Service or any affiliate companies service, products, or other.

9. PRICING, OUT OF STOCK, DISCONTINUED ITEMS

Our Affiliate Companies, third parties, advertisers, or any and all Companies, Stores, Corporations, Individuals, or Other set the pricing for the merchandise, products, services, and other.   They reserve the right to change any price, without notice.   The pricing listed anywhere within the Family Footprints website may be incorrect.   Family Footprints assumes no responsibility for incorrect pricing or any changed pricing on our website, nor do we assume any responsibility when the pricing is incorrect or has changed at the "Affiliate Companies" webiste.

Our Affiliate Companies, third parties, advertisers, or any and all Companies, Stores, Corporations, Individuals, or Other may be "out of stock" on merchandise, product, service, or other that you would like to purchase.   Contact them directly to find our when the merchandise, product, service, or other may be available agian.   Family Footprints assumes no resposibility for "out of stocks".

Our Affiliate Companies, third parties, advertisers, or any and all Companies, Stores, Corporations, Individuals, or Other reserve the right to discontinue any or all of it's merchandice, products, services, or other at any time without notice.   Family Footprints asumes no responsibility for any discontinued merchandise, products, services, or other.

10. CONTACTING

Any and all user(s), visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) who has a question, problem, comment, concern, or is in the need for an exchange or refund, or other issue, any and all user(s), visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) that is involved with the transaction MUST contact the appropriate affiliate company, third party, advertiser, or any and all Companies, Stores, Corporations, Individuals, or Other.   Contacting information is available at the affiliate company, third party, advertiser, or any and all Companies, Stores, Corporations, Individuals, or Other website.   Since the transaction is not by or with Family Footprints , we will be unable to assist in these matters.

11. PRIVACY POLICY

Family Footprints will not sell your email address, snail mail address, telephone number or any other information you may provide with use of the Service.   We are not in the business of marketing for other persons or companies.
For more information, see our full Privacy Policy at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/privacy.html

12. INDEMNITY

You agree to indemnify and hold Family Footprints , and its Owner(s), Webmaster(s), Subsidiary(ies), Affiliate(s), Officer(s), Agent(s), Co-Brander(s), or Other Partner(s), and Employee(s), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Content, or what you make available for the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

13. NO RESALE OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the WebStore Service, use of the WebStore Service, or access to the WebStore Service.

14. MODIFICATIONS TO SERVICE OR CONTENT

Family Footprints reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WebStore Service (or any part thereof) or Content (or any part thereof) with or without notice.   You agree that Family Footprints shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part or all of the WebStore Service or Content.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSTORE SERVICE IS AT YOUR SOLE RISK.   THE WEBSTORE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.   FAMILY FOOTPRINTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FAMILY FOOTPRINTS MAKES NO WARRANTY THAT  (i) THE WEBSTORE SERVICE WILL MEET YOUR REQUIREMENTS,   (ii) THE WEBSTORE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,   (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSTORE SERVICE WILL BE ACCURATE OR RELIABLE,   (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSTORE SERVICE WILL MEET YOUR EXPECTATIONS, AND   (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSTORE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILY FOOTPRINTS OR THROUGH OR FROM THE WEBSTORE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAMILY FOOTPRINTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FAMILY FOOTPRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:   (i) THE USE OR THE INABILITY TO USE THE WEBSTORE SERVICE;   (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSTORE SERVICE;   (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;   (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSTORE SERVICE; OR   (v) ANY OTHER MATTER RELATING TO THE WEBSTORE SERVICE.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.   ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

18. NOTICE

Family Footprints may include the service of providing notices of changes to the WebStore Terms or other matters by displaying notices or links to notices on the website and Service.   Family Footprints shall include notice of change, with a link, on our 'What's New' page located at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/gen/new.html.
You further awknowlege that Family Footprints is not liable in any way or responsible for a persons non-action in reading WebStore Terms or any updates.   Family Footprints will display a date on the WebStore Terms page, to also notify when these WebStore Terms were last updated.

19. TRADEMARK INFORMATION

The Family Footprints name and logos are our trademarks and service marks, and other Family Footprints logo(s), image(s), product(s) and service name(s) are trademarks of Family Footprints.   (Family Footprints "Marks".)   Without Family Footprints' prior permission, you agree not to display or use in any manner, any of the Family Footprints Marks.

20. COPYRITE INFORMATION

Family Footprints is copyrited © 2000, © 2001, and © 2002 by Robert Powell, (owner of Family Footprints) including, but not limited to, its Service and Content.   All Rights Reserved.   For full copyrite information, see our Copyrite page at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/copyrite.html.
Other information, products, service, images, or other, are held by their respective copyrite holders.

21. GENERAL INFORMATION

The Webstore Terms constitute the entire Family Footprints WebStore agreement between you and Family Footprints and govern your use of the WebStore Service, superceding any prior WebStore Terms or agreements between you and Family Footprints .   You also may be subject to additional terms and conditions that may apply to you with Family Footprints and/or when you use affiliate services, third-party content, or third-party software.   The Terms and the relationship between you and Family Footprints shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions.   You and Family Footprints agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Christian, State of Missouri, United States of America.   The failure of Family Footprints to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.   If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.   You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service and its Content or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.







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