I. GENEJANES TERMS OF SERVICE
Hi & Welcome to GeneJanes “Roadmap to Colchester Families”. I am delighted you have decided to join and look forward to your involvement. Before you begin delving into the services and content available on GeneJanes, please take a few minutes to review these Terms of Services AND Subscription Terms of Service ("Terms" or the "Agreement"). These Terms are an agreement between you and GeneJanes. It is important that you understand both the benefits provided as well as the limitations.
All Subscribers, when using any portion of information contained in the Colchester Families Database housed at “GeneJanes Roadmap to Colchester Families” must attach/assign the following as a source reference or have included in a source reference, the following -
GeneJanes Roadmap to Colchester Families at www.genejane.com
& Colchester Families Database maintained by Jane Wile - email
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This Agreement applies to the website owned by Jane Wile accessible at www.genejane.com (hereafter referred to as “GeneJanes” or “GeneJanes Roadmap to Colchester Families”).
GeneJanes offers a combination of services & tools and this agreement reflects our approach to site members. All website design, text, graphics, the selection and arrangement thereof, and all software that are part of GeneJanes are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on GeneJanes is strictly prohibited.
1. ACCEPTANCE OF TERMS - When you complete the Membership registration process, you agree to these Terms, which will always be available to users on this page for you to read.
The subscriber hereby warrants and represents that he or she in all respects is qualified and competent to enter into this agreement and has read, understands and accepts these Terms of Service and Subscription Terms of Service (referring to service renewals).
2. ABOUT OUR SERVICES.
A). GeneJanes Services. As a commitment to our members, we currently provide you with access to a rich collection of online genealogical resources according to the Subscription plan you have chosen. These currently may include Membership Subscriptions, access to content within GeneJanes Database, including pictures and sources; access to the interactive Colchester County Maps; access and use of the Cemeteries Database and purchase of Books & EBooks. It is possible that our services and cost for various services may change in the future to meet the demands of our Internet presence.
B). Service Limitations. Every effort will be made to make your experience with GeneJanes a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that GeneJanes services are provided "AS IS." GeneJanes and our third party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.
C). Service Changes and Discontinuation. GeneJanes reserves the right to change or discontinue, temporarily or permanently, their Services at any time without notice. You agree that GeneJanes will not be liable to You or any third party for any modification or discontinuance of the Service.
D). Privacy Policy. GeneJanes respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to these Terms, you are also accepting the terms of our Privacy Policy.
3. "RULES OF THE ROAD" - For the benefit of GeneJanes and its Members and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road." We hope you will find them reasonable. Please understand though, that any conduct that violates the Rules of the Road is grounds for termination of your account. For this reason, we ask that you carefully read and follow them.
ALL MEMBERS MUST -
A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in GeneJanes registration forms. Please update the Registration Data to keep it current and accurate.
B). Guard Your Password. You will receive a password and account designation upon completing the registration process. This is for your personal use and not to be shared, given, posted online or disclosed in any manner to a third party. You are responsible for maintaining the confidentiality of your password and account and you are fully responsible for all activities that occur using your password or account. Please notify GeneJanes immediately of you suspect the use of your password or account by someone other than yourself. We will likewise contact you if we detect suspicious use of your account.
C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others.
4. RIGHTS YOU GRANT TO GENEJANES
A). Distributing Content. Subject to GeneJanes Privacy Policy, you are licensing GeneJanes, it’s Subscribing Members and our third party service providers the use of any "content" you provide through or to GeneJanes for use in GeneJanes genealogical database, cemetery database, genealogical reports, Books and/or Electronic Books (hereafter referred to as EBooks). GeneJanes may modify, display, distribute and create and use such content in the databases, publications and compiled genealogical content. By submitting content, you automatically agree, or promise, that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, that GeneJanes and Subscribing Members may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. This is referring to content submitted directly to Jane Wile or through GeneJanes services, in person or electronically.
B). GeneJanes Advertising. GeneJanes does not currently rely on advertisers to help fund the services that we offer to our subscribers. But in the event that funding may be required by this source in the future, you agree that GeneJanes may display advertisements and promotions of all kinds in and with the services.
C). Account Access. In order to ensure that GeneJanes is able to provide high-quality services that are responsive to subscribers' needs, you agree that GeneJanes Administrators have access to your account and records as reasonably needed to investigate complaints or violations.
D). Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by Jane Wile, GeneJanes may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
5. OTHER LEGAL STUFF
A). Disclaimer of Warranties. You expressly understand and agree that:
Your use of the Subscription Membership service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. GeneJanes and its third party service providers expressly disclaim 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.
GeneJanes makes no warranty that -
Your use of the Subscription Membership service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. GeneJanes and its third party service providers expressly disclaim 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.
GeneJanes makes no warranty that -
(i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email messages will not be lost, and (vi) any errors in the software will be corrected.
B). No Endorsement of Member Content. You acknowledge and agree that GeneJanes does not endorse the content provided by any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that GeneJanes does not pre-screen all content, but that GeneJanes and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.
C). Limitation of Liability. You agree that GeneJanes will not be liable for any harms, which lawyers and courts often call 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 GeneJanes has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service.
D). Indemnification. You agree to protect and fully compensate GeneJanes and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of GeneJanes Services, your violation of the terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
GeneJanes provides information of a genealogical / historical nature and is designed for informational and entertainment purposes only.
GeneJanes rights under this Agreement may not be waived unless GeneJanes agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with GeneJanes prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by federal and provincial laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at the address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and GeneJanes about the services.
II. SUBSCRIPTION TERMS OF SERVICE - THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("MEMBER”, “SUBSCRIBER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND GeneJanes ("OUR," "US," OR "WE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING GeneJanes DATABASE AND MAPS SERVICES (THE "SERVICES"). BY REGISTERING FOR THE SERVICES, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.
1. PAYMENT OBLIGATION AND CREDIT CARD AUTHORIZATION -
All listed fees are in Canadian dollars. The Subscriber / Member is responsible for paying periodic subscription fees.
PayPal Subscriptions – When “Automatic Renewal” is selected by the Subscriber in and during their chosen Membership Registration the Subscribers hereby authorizes GeneJanes to automatically renew Subscriptions for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless the Subscriber terminates the subscription online within their own personal PayPal Account Services in advance of the renewal date pursuant to the process set forth below. Subscriber acknowledges and agrees that payment will be made on the renewal date by approved method of payment; currently PayPal.
Visa / MasterCard by PayPal Services (for those who do not operate a PayPal account) - Subscribers acknowledges and agrees that payment will be made on the renewal date or upon the day of their next visit after the renewal date to GeneJanes, to avoid interruption in services, by an approved method of payment; online payment through PayPal Services.
Personal Check / Money Orders - Subscriber acknowledges and agrees that payment will be made prior to the renewal date by an approved method of payment; personal check or money order payable to Jane Wile.
Subscriber may not assign or transfer his or her subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order subscriptions online.
Payment must be made by a major credit card accepted by GeneJanes (currently VISA and MasterCard), check, money order, or PayPal. Cash will not be accepted. The billing period ends on the anniversary of your activation date ("Billing Date"). Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT GeneJanes, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
GeneJanes RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY GeneJanes. GeneJanes MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL.
2. CANCELLATION OF YOUR SUBSCRIPTION - You may terminate your SUBSCRIPTION MEMBERSHIP at any time. When YOU terminate YOUR SUBSCRIPTION MEMBERSHIP, YOUR account will not be automatically renewed and YOUR access to GeneJanes Database will be terminated on the expiration date. Termination of this Agreement does not relieve you of your financial obligation to pay for the billing cycle in which this Agreement is terminated. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you made for pre-purchased online membership access to GeneJanes. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account membership prior to any termination of this Agreement.
You acknowledge that GeneJanes, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if GeneJanes believes that you have violated or acted inconsistently with the letter or spirit of the Agreement or GeneJanes User Agreement. GeneJanes may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GeneJanes may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that GeneJanes shall not be liable to you or any third-party for any termination of your access to the Service.
THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("SUBSCRIBER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND GeneJanes ("OUR," "US," OR "WE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING GeneJanes SERVICE (THE "SERVICES"). BY REGISTERING FOR THE SERVICES, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.
3. TRIAL MEMBERSHIPS - GeneJanes may in the future occasionally offer promotional trial subscriptions to its premium services at special discounted prices.
4. SUBSCRIBER INFORMATION - You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you shall receive a Password and a Username Account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. Subscriber must promptly inform GeneJanes of any of the following: changes in home or billing address; and apparent breaches of security, such as loss, theft, or the known or suspected use of an ID or password. Until GeneJanes is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of subscription services.
5. ACCESS - Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an Username and a Password. Each Subscriber must keep his password strictly confidential. GeneJanes will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to premium service is a breach of this Agreement and a violation of law.
6. WARRANTY - No warranty is made by GeneJanes regarding any information, services, or products provided through or in connection with premium services, and GeneJanes hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7. LIMITATIONS OF LIABILITY - YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
9. MODIFICATIONS - This agreement is subject to change by GeneJanes at any time. We may modify any of the terms and conditions contained in this Agreement at any time at our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to terminate your Subscription Service Agreement. Your continued use of the Service following a notice of change or new agreement on GeneJanes will constitute your binding acceptance of the change.
10. NOTICES - Notices by GeneJanes to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.
11. FAQ - Direct any questions about GeneJanes or Subscription Services by means of electronic message by clicking here.
12. THE AGREEMENT - Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local or federal law. GeneJanes expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. THE PARTIES HAVE AGREED THAT THIS AGREEMENT SHALL BE WRITTEN IN ENGLISH.
Direct Questions to Jane Wile by clicking here