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HISTORICMAPWORKS.COM TERMS OF SERVICE


Last updated on June 27th 2006

1. Acceptance of Terms
This Site is owned and operated by historicmapworks.com is a part of the Historic Map Works Residential Genealogy tm LLC. Your use is subject to the following Terms of Service (the "Agreement"), which may be updated by us from time to time. Historic Map Works Residential Genealogy tm reserves the right to alter this Agreement without advance notice by posting a revised Agreement. You can determine if the Agreement has been revised by referring to the "Last Updated" date at the top of this page. This Agreement applies to the following Web site: www.historicmapworks.com. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into the Agreement. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT. Any questions about the meaning or application of this Agreement should be directed to www.historicmapworks.com/contact.

2. Description of the Services
www.historicmapworks.com provides customers with access to the first GIS-linked, address-searchable map look-up from 19th and early 20th century America. Customers can view an archive of over 100,000 high quality reproductions of antique property maps using either place names or addresses through our exstensive database. Our massive collection of directories can be searched by family name to find the addresses customers need to locate the homes of relatives who lived in these areas over the past 250 years. Unless explicitly stated otherwise, any new features that augment or enhance the Services made available through the Site shall be subject to the then-current Agreement.

WWW.HISTORICMAPWORKS.COM may only be used for personal use. Any access to WWW.HISTORICMAPWORKS.COM by an organization, a governmental body, an educational institution, for-profit or non-profit institutions, or other non-individual entities is not permitted and is a violation of these terms and conditions. Non-personal access to Historic Map Work's collections is only permitted via Historic Map Works Library Edition TM which is distributed by our partner ProQuest who can be contacted at http://www.proquest.com/promos/product/hmw08.shtml.

In consideration of your use of this Site and the Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Sites and/or the Services. You are responsible for maintaining the confidentiality of your password and agree not to transfer your use of or access to the Sites or any Services to any third party. You are fully responsible for all activities that occur under your password and/or user name. You agree to (a) immediately notify historicmapworks.com of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session, if applicable. Neither historicmapworks.com nor its parents, subsidiaries, or affiliated companies (collectively, "Affiliated Companies") are liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.

3. www.historicmapworks.com privacy policy relating to users of Historic Map Works Residential Genealogy tm LLC
This Agreement incorporates the terms of historicmapworks.com's PRIVACY STATEMENT.

4. Rules of Conduct
While using the Site and/or any Service available within historicmapworks.com, you will comply with all applicable laws, rules, and regulations. In addition, Historic Map Works Residential Genealogy tm LLC expects users of the Site and any Service to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct. You will not:

  1. Use the Sites for any illegal purpose; or post, transmit, or otherwise make available any material which would give rise to criminal or civil liability, which encourages conduct that constitutes a criminal offense, or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking.

  2. Post, transmit, or otherwise make available any material that would violate another person's privacy or other rights.

  3. Interfere with any other user's right to privacy. In addition, you will not harvest personally identifiable information about users of the Sites without their express consent.

  4. Impersonate any person or entity, including, but not limited to, any Historic Map Works Residential Genealogy tm LLC representative or another user of historicmapworks.com's Services; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.

  5. Post, transmit, or otherwise make available any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.

  6. Interfere with or disrupt the operation of the Site or any Services, or the servers or networks that provide the Services; or disobey any requirements, procedures, policies, or regulations of such networks.

  7. Restrict or inhibit any other user from using the Sites, including by means of hacking or defacing any portion of the Sites.

  8. Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.

  9. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or the Sites.

  10. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Sites.

  11. Remove any copyright, trademark, or other proprietary rights notice contained on the Sites.

  12. Frame or mirror any part of the Sites without Historic Map Works Residential Genealogy tm LLC prior written authorization.

  13. Create a database by systematically downloading and storing all or any of the content on the Sites.

5. Payment
If you wish to purchase products or Services described on historicmapworks.com, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our PRIVACY STATEMENT. You agree that all information that you provide to us will be accurate, current, and complete. You agree to pay all charges incurred for purchases made in connection with your user name and/or account at the price(s) in effect when such charges are incurred. You will also pay all applicable taxes resulting from your purchases. All payments for purchases made online may be made by credit card only.

6. You acknowledge and agree that the information and materials presented to you on or through this Site, including the Content, are the property of historicmapworks.com and its licensor and suppliers, and are protected by copyright, trademark, patent, database or other proprietary rights and laws. Except as expressly authorized by Historic Map Works Residential Genealogy tm LLC, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the materials, including the Content, made available on or through the Site, in whole or in part.

7. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES, THE CONTENT, SUBMISSIONS, ANY PRODUCTS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) ARE PROVIDED TO YOU "AS IS" (UNLESS OTHERWISE EXPRESSLY STATED) WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITES, AND ANY CONTENT AND SUBMISSIONS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT OR SUBMISSIONS. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT OR SUBMISSION CREATED BY HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC OR SUBMITTED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION FOUND WITHIN THE SITE.

8. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, ANY CONTENT CONTAINED THEREON, THE SUBMISSIONS (INCLUDING ANY RESPONSIBILITY TO ARCHIVE OR MAINTAIN SUCH SUBMISSIONS), OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITES (UNLESS OTHERWISE EXPRESSLY STATED), INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC IS NOT TO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC NOR ITS AFFILIATED COMPANIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITES OR SYSTEM DOWNTIME OR INABILITY TO ACCESS SUBSCRIPTIONS, FROM PRODUCTS OR SERVICES ACQUIRED THROUGH THE SITES, OR FROM ANY CONTENT OR SUBMISSIONS POSTED ON THE SITES BY HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT OR SERVICE IS TO STOP USING THE SITES.

9. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC MAKES NO WARRANTY THAT (i) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITES OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR ANY SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS (UNLESS OTHERWISE EXPRESSLY STATED); (v) ANY ERRORS IN THE SITES WILL BE CORRECTED; OR (vi) THE SITES OR THE SERVICE(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES DO NOT AFFECT ANY CONTRACTUAL AND/OR STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE LOCAL LAWS.

11. Indemnity
You agree to defend, indemnify, and hold harmless Historic Map Works Residential Genealogy tm LLC and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your activities in connection with your unauthorized use of the Site; (ii) any violation of the Agreement by you; or (iii) any allegation that anything you post, transmit, or make available on the Sites infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

12. Links
The Sites may provide links to other Internet sites or resources. Because Historic Map Works Residential Genealogy tm LLC has no control over such sites and resources, you acknowledge and agree that neither Historic Map Works Residential Genealogy tm LLC is responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Other Web sites may provide links to the Sites with or without Historic Map Works Residential Genealogy tm LLC.'s authorization. Historic Map Works Residential Genealogy tm LLC has no control over sites that provide links to the Site, and you acknowledge and agree that Historic Map Works Residential Genealogy tm LLC does not endorse such sites and is not responsible for any links from those sites to the Sites or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that Historic Map Works Residential Genealogy tm LLC is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that Historic Map Works Residential Genealogy tm LLC provides links to or that provide links to the Sites, or (ii) any content, goods, or services available on or through any such sites or resources. Historic Map Works Residential Genealogy tm LLC shall have the right, at any time and in its sole discretion, to block links to the Sites through technological or other means, without prior notice.

13. Dealings With Third-Party Providers of Goods and Services
Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Site, including payment and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that Historic Map Works Residential Genealogy tm LLC is not 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 third-party advertisers or providers on the Site.

14. Copyright Issues
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

15. Modification or Suspension of Services
Historic Map Works Residential Genealogy tm LLC reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. Historic Map Works Residential Genealogy tm LLC reserves the right to change the amount of any fee or charge and to institute new fees or charges at any time for any Service, effective upon Historic Map Works Residential Genealogy tm LLC posting notice thereof. You agree that Historic Map Works Residential Genealogy tm LLC is not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any Content, feature, or product offered on the Sites. Your continued use of the Sites after such changes will indicate your acceptance of the changes.

16. Termination
You agree that Historic Map Works Residential Genealogy tm LLC, in its sole discretion, may terminate your use of the Site and/or Services, and/or bar you from submitting or posting any material on the Site, for any reason, including, without limitation, if Historic Map Works Residential Genealogy tm LLC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, the PRIVACY STATEMENT, or any additional posted guidelines, rules, and terms and conditions applicable to any services provided through the Sites. You agree that any termination of your access to the Sites and/or the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Historic Map Works Residential Genealogy tm LLC may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Services. Historic Map Works Residential Genealogy tm LLC is not be liable to you or any third party for any termination of your access to the Services.

17. Jurisdictional Issues
Historic Map Works Residential Genealogy tm LLC neither represents nor warrants that the Sites or the Services are appropriate or available for use in any particular jurisdiction, whether within or outside the United States. Accessing the Sites or the Services from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit the Sites' availability or the provision of any of the Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.

18. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Utah and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Salt Lake County, Utah. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. For non-US residents, we recognize that this Agreement may be governed by and interpreted by the laws pertaining to the country in which you reside or, if different, the country in which you access the Services. You acknowledge and agree that if you reside outside the United States, certain services may not be available to you.

18. Notice
Notices to you may be made via either e-mail or regular mail. The Services may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices.

19. Miscellaneous
A. If any part of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of this Agreement will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and Historic Map Works Residential Genealogy tm LLC with respect to your use of the Sites or any Services and supersedes all prior or contemporaneous communications and proposals between you and HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC. You agree and acknowledge that participation in any Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between you and Historic Map Works Residential Genealogy tm LLC or its Affiliated Companies, other than the relationship between HISTORIC MAP WORKS RESIDENTIAL GENEALOGY tm LLC and you entered into by virtue of this Agreement.

20. Filtering
Pursuant to 47 U.S.C. 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up: http://www.netparents.org/parentstips/browsers.html.

21. Information or Complaints
If you would like any further information or if you have a complaint regarding the Site or Services, you can make such inquiry or complaint on the Contact page. Prices for goods or Services available on the Site are provided at the point of purchase.