Terms & Conditions
Effective Date: September 29, 2009
These Terms and Conditions ("Terms and Conditions") govern your use of the Archives.com website ("Website") and all purchases you make from Archives.com ("we", "us", "our"). Please read these Terms and Conditions carefully before using the Website. By using the Website, or placing an order with us, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Website or place an order with us. For further information on Privacy Policies, we suggest consulting the Center for Democracy and Technology.
1. ACCESS TO THE DATABASE.
When you place an order with us, we grant you a nontransferable, nonexclusive license to access our databases and the information contained in the databases (our "Products"), solely for the non-commercial purpose of performing lawful and appropriate searches for your own personal use. Some of our Products are purchased for unlimited use over a period of time, while other Products are purchased for one time use. Certain of our products may be purchased as credits, in varying quantities, to be used over a period of time. Credits purchased are valid for twelve months from the date of purchase. If unused by the one year anniversary of being credited to your account, your credits will expire and be removed from your account. Our Products are restricted to U.S. customers and information only. We and our partners reserve the right to publish aggregated search data that does not identify you individually (for example, the number of times a particular name was searched for). You agree to use our Products only for reconnecting with friends, finding classmates, finding family members and other lawfully permitted reasons. You further agree that publishing such data by us will cause you no personal, emotional, or financial harm whatsoever. By visiting our Website and using our Products, you hereby acknowledge that you have read and agree to these Terms and Conditions.
2. GENERAL RESTRICTIONS.
You agree to use our Products only for appropriate, legal, non-commercial purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that our databases and information may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18. Systematic access or extraction of content from the Website or database(s), including the use of "bots", "spiders," or "scraping" technology within a browser or browser-like program is strictly prohibited and constitutes grounds for forfeiting your registration and membership. We prohibit caching, unauthorized hypertext links to the Website and the framing of any content available through the Website. We reserve the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Website and its affiliated websites to anyone without our express prior written consent. You may not: (a) use or permit the use of Website data to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) use or permit the use of Website data for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; or (c) voluntarily produce Website data in legal proceedings.
3. PAYMENT AND FREE TRIALS.
We encourage the use of our Products through free trials. Free trials generally last for one week for eligible new members. Free trials are only available to first time customers. You must have internet access and a valid Payment Method to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for up to approximately one membership period of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial membership period. We will begin billing your Payment Method for membership fees corresponding to your membership period at the end of your free trial unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a recurring basis on the anniversary of your membership period until you cancel. You may cancel your membership at anytime, and cancellation will be effective immediately. We do not provide refunds for any partial membership periods.
4. FRAUD WARNING.
Persons who intentionally gain access to this site with no intention of paying for our Products, and later dispute the charge with their financial institution and/or refuse to pay the charge, are committing fraud and are subject to criminal and civil litigation under interstate commerce laws. If you don't have any intention of paying for your purchase or membership, don't sign up!
Our Products are backed by a 100% satisfaction guarantee. If you cannot find the results you are looking for, a support agent will assist you with your search. You can reach our support department at 1-888-896-4442. If no information can be found for the name, email address or phone number you requested with your initial order, you may request and obtain a refund for your purchase. All sales are final after 60 days.
When you conduct a search on this Website, and the search result returns with the word "available", it means that information about the name, email address or phone number you are searching for is available in our database. However, it does not guarantee that an owner name and/or address will be available, as not all of our data partners provide this information to us. When used in describing our guarantee and charge policies, "no results" means no information whatsoever.
6. FCRA RESTRICTIONS.
We are not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA.YOU SHALL NOT USE OUR PRODUCTS AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
7. UNDER 18s.
CHILDREN ARE NOT ELIGIBLE TO USE OUR WEBSITE OR OUR PRODUCTS and we ask that minors (under 18 years of age) do not submit any personal information to us.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 third parties.
10. FAMILY TREES.
By uploading your GEDCOM or building or updating a family tree on the Archives.com website, you agree to these terms and conditions. If you do not agree to these terms and conditions, you many not upload, create or update a family tree on the Archives.com website.
Archives may display, copy and distribute information about entries in your family tree. Unless you choose not to make your tree publicly viewable, Archives may index the members of your tree to allow results to be found in our records searches. We may display your Archives.com nickname to other Archives members who may wish to send you a personal message to inquire about additional information on any matches found, but we will not share your contact information directly with other Archives.com members without your permission.
You agree that all information submitted or entered does not violate any copyrights or other legal restrictions. You further agree not to submit profane, slanderous or inappropriate content of any kind. Archives fully reserves the right to remove any information we feel violates any of these terms, based on our sole discretion and interpretation of the information entered on Archives.com.
You agree that all information uploaded or provided to Archives is voluntary, and does not entitle you to any compensation or attribution. Outside of the Archives.com website, you maintain the right to publish, sell, transfer or share your individual family tree in any legal manner.
We may terminate or suspend access to this Website, our Products and your account immediately, without prior notice or liability, if you breach any of these Terms and Conditions. Upon termination, your right to use our Website and Products will immediately cease. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, Sections 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, and 15.
12. DISCLAIMER OF WARRANTIES.
The information in our databases has been compiled from public records, user submissions, and other proprietary sources for the specific purposes of (1) locating individuals, property and businesses, and/or (2) providing general background information about individuals and businesses. The information is provided "AS-IS" and neither we nor any of our data suppliers represents or warrants that the information is current, complete or accurate. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE OR OUR PRODUCTS, AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR A LINKED SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU MAY CAUSE TO YOURSELF, OTHERS, OR PROPERTY WHEN USING OUR WEBSITE, OR OUR PRODUCTS. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
You agree that you shall indemnify, defend and hold harmless Archives.com, its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our Website and/or Products against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website and/or Products and your use or distribution of any information obtained therefrom. You will promptly notify us of any such claim.
14. AMENDMENTS TO TERMS AND CONDITIONS.
We have the right to amend these Terms and Conditions at any time and without notice to you. We will post those amendments here and such amendments shall be effective immediately upon posting. You agree to review the Website periodically to be aware of any such amendments.
No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and Conditions and our rights and obligations without your consent. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California.
Archives.com, and our other Website graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to consumers or other users or recipients or the trademark.
Attn: Archives.com Member Services
360 W 4800 N
Provo, UT 84064