MyTrees.com Terms and Conditions
A Fficiency Software, Inc. Company
Using or subscribing to the MyTrees.com website, indicates that you have accepted the following terms and conditions.
MyTrees.com License and Terms and Conditions of Use
MyTrees.com is an Internet service (the "Service") owned by MyTrees.com ("we", "our" or "us").
"You" or "your" means a user of the Service over the age of 18 years or you as a parent or guardian for any minor whom you allow
to access the Service, for whom you will be held strictly responsible. We may
alter this Agreement at our discretion and your continued use after any change indicates your acceptance of that change.
MyTrees.com contains graphics, information, data, editorial and other content accessible by any Internet user
and similar content which is accessible only to our subscribing members "(the Content)". Whether in the free section or
in the subscription section of the Service, all Content is owned and/or copyrighted by MyTrees.com, Fficiency Software, Inc., our user contributors or third
party providers and may be used only in accordance with this limited use license. MyTrees.com is protected by copyright
as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright
Limited Use LICENSE
You are licensed to use the Content only for personal or professional family history research, and may download Content that is specific to your relevant research. The download of all or a significant portion of any database in the archive is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to a specific
research for an individual, is prohibited. Online or other re-publication of Content is prohibited except as specific data
elements that are part of a specific family history or genealogy. Violation of this License may result in immediate
termination of your membership and may result in legal action to obtain an injunction, damages or both.
User provided content
Portions of the Service will contain user provided content (family trees) , and for this
content, MyTrees.com is a distributor only. By submitting Content to MyTrees.com, you grant MyTrees.com the right to use, host, and distribute that Content and allow hosting and
distribution of that Content, to the extent and in the form or context we deem appropriate. Should you contribute
content to the site, you understand that it will be seen and used by others as described herein. You
should submit only content which belongs to you and will not violate the property or other rights of other people or
organizations. MyTrees.com is sensitive to the copyright of others. We will not edit or monitor user
provided content, with the exception that, to promote privacy,
an automated filtering tool will be used to suppress, and omit from display, information submitted to the tree areas of
the site which appears to pertain to a living person. We also reserve the right to remove any user provided content that
comes to our attention and that we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites
racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
The information, products, and services included on this Web Service may include inaccuracies or typographical errors.
Changes are periodically made to the information herein. We and our third party suppliers provide all Content in this
Service "AS IS", and without any warranty of any kind.
MyTrees.com, and its third party suppliers make no representations concerning the suitability, reliability
or accuracy of the Content or the service provided on the Service for any purpose. We and our third party suppliers
disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Service,
including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we
or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without
limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other
legal theory, even if advised of the possibility thereof.
MyTrees.com may, from time to time, provide opportunities to users of the Service to link to or buy services
from third parties. Sites of those third parties will be subject to terms and conditions different from those found here.
MyTrees.com makes no warranty concerning third party provided goods or services, and you agree that any
recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and
not from MyTrees.com.
Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for
consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. IF YOU ARE
TO DISCONTINUE USING THIS SERVICE.
Additional Guest or Subscribing Member Terms
1. REGISTRATION AND SECURITY
1.1 As part of the registration process, you will be issued an account number and you will select a password.
You must provide MyTrees.com with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this
Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that
person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our
sole discretion, deem inappropriate. As you submit information, you understand that the Internet Site,
MyTrees.com, is owned by MyTrees.com, incorporated in Utah, USA. The Sites are operated in the United States of
America and operated to be in compliance with the laws of the United States. Access is governed by these terms and
conditions under the laws of the State of Utah and the United States. Registration as a user of or subscriber to any of
the Sites or services provided on them results in your customer information being stored and processed in the United
States, and you, in registering or subscribing, specifically consent to that storage and processing. You may access that
information at any time to confirm its correctness and to keep it current in connection with your registration or
subscription. If you are subscribing or registering for use of this site from outside of the United States of America,
you consent to the storage and processing in the United States of the personal data you submit, within the scope of the
1.2 You shall notify us by regular mail or by email at email@example.com of any known or suspected unauthorized use
of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your
password or billing information. You will be responsible for maintaining the confidentiality of your password.
1.3 You must be 18 years or older to subscribe.
1.4 You are responsible for all usage or activity on MyTrees.com via your password account. Distribution of your password
to others for access to MyTrees.com is expressly prohibited and shall constitute a breach of this Agreement. Any
fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion,
and you may be referred to appropriate law enforcement agencies.
2. FEES AND PAYMENTS
2.1 Continuous Service Membership and Cancellation. Subscription membership in the Service is on a continuous service
basis. This means
that once you have become a subscribing member, your subscription will be automatically renewed and your billing choice
will be charged based on the subscription program (annual, quarterly, monthly, etc.) you have chosen. Billing charges
will be processed within 24 hours from when your order is taken. You
will be notified by e-mail 7 days before your subscription will end,
and reminded of the opportunity to cancel your renewal. If you decide to cancel, you must cancel at least one day before the renewal date via your "My Account / Account Status" page while logged in at
MyTrees.com by clicking the appropriate "click here" link
on that page. If the request for a cancellation is made well in advance of the renewal date, and you want to be considered for a refund of the unused portion of your Service you must contact us by phone or email firstname.lastname@example.org. You will be charged for that portion of the service already used. In no case
will a refund be made for a 10-day Service. You may also cancel by phone by
calling MyTrees.com at 1-801-229-7967 at least one day before the renewal date for the cancellation to be effective.
See Our Refund Policy for details. Customers who call
1-801-229-7967 during business hours or send an e-mail to email@example.com should be prepared to provide the following
information if asked:
Given name and surname
E-mail address used when subscribing
Phone number including country code
2.2 Subscription costs may be changed by MyTrees.com at any time and each renewal of your subscription will be at the
then standard renewal cost for the period that you originally selected when you subscribed.
3. COMMUNICATIONS BETWEEN MYTREES.COM AND YOU.
MyTrees.com will send electronic mail to you, for the purpose of informing you of changes or additions to MyTrees.com, or
of any MyTrees.com related products and services. You may opt out of this notification service by replying to the
electronic mail that was sent to you with the word "unsubscribe" (without the quotes) in the subject line. For further
information on our use of member information, see the
on the Service.
Should you breach this Agreement we will terminate your use of the Service and suspend your right of access. In such
a case, no portion of your subscription payment will be refunded. Should we decide to suspend your subscription service
for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be
your sole and exclusive remedy upon such a suspension of service.
5. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE.
MyTrees.com has the right, at its sole discretion, to modify this Agreement or the Service, including the
Content of the Service, at any time. Changes in Service will be posted on MyTrees.com, or sent via e-mail, or postal mail
to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will
cause you to no longer be in compliance with the Agreement, you may cancel your subscription by calling Account Services (1-801-229-7967). (See section 2 regarding cancellation of subscription.) Continued use of the
Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last
revision), means that you have accepted and are bound by the changes.
6.1 This Subscriber Agreement is governed by the law of the State of Utah, without regard to its principles on conflicts
of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in
the federal or state courts located in St. George, Utah.
6.2 Official correspondence must be sent via postal mail to:
Attn: Customer Feedback
782 S. River Road #304
St. George, Utah 84790.