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CENSUSTRAIL.COM LICENSE AND TERMS AND CONDITIONS OF USE

WELCOME TO CENSUSTRAIL.COM

Welcome to Censustrail.com, which is an Internet service (the "Service") owned and operated by Census Publishing, L.C., and/or its subsidiary, affiliate, or related entity (Throughout these Terms of Use, "Censustrail.com", "we", "our", or "us" refers collectively to Census Publishing, L.C., its subsidiaries, affiliates, and related entities.) "You" or "your" means an adult user of the Site and you as parent or guardian for any minor which you allow to access the Service, for whom you will be held strictly responsible. Censustrail.com maintains this site (the "Site") as a service to its visitors, subject to the following terms and conditions concerning the use of the Site and Service ("Terms of Use"). The Terms of Use constitute an agreement between you and Censustrail.com. When you use the Site, you accept and agree to the Terms of Use; IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THE SITE. Censustrail.com reserves the right to modify the Content on the Site and these Terms of Use periodically without prior notice. If any portion of any change of the Terms of Use is unacceptable to you or will cause you to no longer be in compliance with the Terms of Use, you may cancel your membership by contacting Censustrail.com at ccontact@censustrail.com. Your continued use of the Service and the Site following the posting of changes to these Terms of Use means that you accept and agree to such changes. Continued use of the service now or following posted notices of changes in the Terms of Use means that you have accepted and are bound by the Terms of Use, including the changes.

PRIVACY
Please review our Privacy Notice, which also governs your visit to Censustrail.com, to understand our practices.

LICENSE AND SITE ACCESS
Censustrail.com grants you as an individual, and not as an entity or group, other than immediate family members resident in the same household, a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Censustrail.com (the "License"). This License does not include any resale or commercial use of this Site or its Content; any derivative use of this Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Censustrail.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Censustrail.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Censustrail.com's name or trademarks without the express written consent of Censustrail.com. Any unauthorized use terminates the permission or License granted by Censustrail.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Censustrail.com so long as the link does not portray Censustrail.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Censustrail.com logo or other proprietary graphic or trademark as part of the link without express written permission.

You are licensed to use the Content only for personal or professional family history research, and may download Content only as search results relevant to that research. The download of the whole or significant portions of any work or database is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to specific research for an individual, is prohibited. On line or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy. Violation of this License may result in immediate termination of your membership and the License and may result in legal action for injunction, damages, or both. You may use access software provided on the Service only while on line and may not download, copy, reuse, or distribute that software.

THIRD PARTY SITES
The Site may provide access to third party content or hyperlinks to third party websites. Censustrail.com does not control, endorse, or guarantee content found in such sites. This is provided as a convenience only. External links do not constitute an endorsement of the opinions, products, or services presented on the external site, or of any sites linked to it. These other sites are not under the control of Censustrail.com, and you acknowledge that the Site is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Censustrail.com or any association with its operators.

PROPRIETARY RIGHTS AND COPYRIGHT INFORMATION
Censustrail.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 member section of the Service, all Content is owned and/or copyrighted by Censustrail.com., its subsidiaries, affiliates, or third party providers and may be used only in accordance with this limited use License. Censustrail.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

The Site and Content are the property of Censustrail.com or its providers and are protected by copyright laws of the United States and international treaty provisions. The compilation, organization, and display of the Content as well as all software and inventions used on and in connection with this Site are the exclusive property of Censustrail.com or its providers. Censustrail.com reserves all rights in the Site and its Content not specifically granted in any agreements with Censustrail.com or in the Terms of Use.

You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws protect all Content and materials available on this Site. Except as expressly authorized in writing by Censustrail.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may use the Content for your personal use and in connection with noncommercial publication of family histories. Systematic retrieval of Content from this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the prior written consent of Censustrail.com is prohibited. In addition, use of the Content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of Censustrail.com. Permission may be granted or not granted in the sole discretion of Censustrail.com.

LINKING TO SITE
You may freely link to the home page of this Site. You may not, however copy information contained at this Site to be posted on another website. We also reserve the right to require that a link be removed if it is linked from an inappropriate or objectionable site. By posting a link to this Site in no way means we endorse that site or products it represents.

USER PROVIDED CONTENT
Portions of the Service may contain user provided content, to which you may contribute appropriate content. For this content, Censustrail.com is a distributor only. By submitting content to Censustrail.com, you grant Censustrail.com. an irrevocable and perpetual license to such content to use, host, and distribute that content. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. Censustrail.com is sensitive to the copyright and other intellectual property rights 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 Censustrail.com which appears in our best judgment to pertain to a living person.]] Censustrail.com also reserves the right to remove any user provided content that comes to its attention and that it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, or violates the rights of others.

FILE DOWNLOAD
You will be able to download files from this Site. You may only use these files for your personal use. Except as otherwise provided herein, they may not be reproduced, redistributed, or published in any way, or on any media. They are to be used only for your personal use. Any commercial use is strictly prohibited. For files submitted by members, the submitter of the file is the sole owner of that file. Censustrail.com makes no claim as to the ownership of these files, other than the license which has been granted for us to post them on our Site, for viewing, downloading, or distribution.

Censustrail.com makes no claims nor is it responsible for any information contained in the Content available on the Site. You should verify all information found to insure it is indeed correct. Under no condition will we police or even try to police the files or information found in these files. Asking us to remove a file because it contains false information may be rejected in our sole discretion.

LIABILITY DISCLAIMER
The information, products, and services included on this Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Censustrail.com and its third party suppliers provide all Content in this Service "AS IS", and without any warranty of any kind.

DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CENSUSTRAIL.COM, ITS SUBSIDIARIES, AFFILIATES, AND RELATED ENTITIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CENSUSTRAIL.COM, ITS SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHICH RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CENSUSTRAIL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF CENSUSTRAIL.COM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY IN PART TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND THE SERVICE.

INDEMNITY
You agree to defend, indemnify, and hold harmless Censustrail.com, its employees, attorneys, and agents ("Indemnities") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorneys' fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyperlinked website or (ii) resulting from content you supply.

INTERNATIONAL USE
Censustrail.com makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where the contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

REGISTRATION AND SECURITY
As part of the registration process, you will select a password and Subscriber name ("Username"). You must provide Censustrail.com. with accurate, complete, and updated registration information. Failure to do so will breach 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 offensive. As you submit information, you understand that the Site is owned and operated by Census Publishing, L.C., organized in Utah, USA. The Site is 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 of Use and conditions under the laws of the State of Utah and the United States. Registration as a user of or subscriber to the Site or Service provided on it results in your customer information being stored and processed in the United States, and you, in registering or subscribing, specifically consent 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. If you are 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 Privacy Policy of Censustrail.com. You may and should review and correct this information regularly.

You shall notify us by regular mail or by e-mail at ccontact@censustrail.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. (b) You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Censustrail.com, its owners or agents.

You must be 18 years or older to subscribe.

You are responsible for all usage or activity on Censustrail.com via your password account. Distribution of your password for access to Censustrail.com by others is expressly prohibited and shall constitute a breech 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.

FEES AND PAYMENTS
Membership in the Service is on a prepaid basis. This means that once you have become a subscribing member, and made your payment through PayPal, your membership will be good for the period of subscription. You will be notified by e-mail approximately 15 days before your membership will end, and asked to correct any information which has changed and asked to submit payment through PayPal for the next subscription period.

CANCELLATION
An initial annual membership comes with the option to cancel during the first 7 days and receive a full refund, unless the membership began with a free trial period. (Also, no refund is available in the case of a gift membership.) The 7 day period begins on the day you register for the Service, which is also the day you are given access to the member area of the Site. If you subscribe to the Service following a free or other trial period, that trial period takes the place of the 7 day cancellation period, and once the paid membership begins, no refund will be provided. Cancellations during the 7 days must be made by sending an e-mail to ccontact@censustrail.com and providing the following information:

Given name and surname
Username
E-mail address used when subscribing
Phone number including country code
Country

COSTS
Membership costs may be changed by Censustrail.com at any time and each renewal of your membership will be at the then standard renewal cost for the period which you originally selected when you subscribed.

COMMUNICATIONS BETWEEN CENSUSTRAIL.COM AND YOU.
Censustrail.com will send electronic mail to you, for the purpose of informing you of changes or additions to Censustrail.com, or of any Censustrail.com related products and services. You may opt out of this notification service by replying to the electronic mail that was sent with the word "unsubscribe" (without the quotes) in the subject line. For further information on our use of subscriber demographic information, see the Privacy Policy on the Service.

TERMINATION
Should you breach this agreement, Censustrail.com will revoke your License to use the Service and suspend your right of access. In such a case, no portion of your membership payment will be refunded. Should Censustrail.com decide to suspend the membership service for any reason other than breach, it will refund to you the unused portion of your membership payment, which will be your sole and exclusive remedy upon such a suspension of service.

MODIFICATIONS
Censustrail.com. has the right, at its sole discretion, to modify the Terms of Use and our agreement or the Service at any time. Changes in service will be posted at Censustrail.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 membership by sending an email to ccontact@censustrail.com. Continued use of the Service now or following posted notices of changes in the Terms of Use and our agreement means that you have accepted and are bound by the changes.

MISCELLANEOUS
This Terms of Use and 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 Salt Lake City.

Official correspondence must be sent via postal mail to: Censustrail.com. P.O. Box 708891, Sandy, UT 84070-8891.