Terms of Use
The DuPage County Genealogical Society (“DCGS”) offers this website, including all information and services available from this website or offered as part of or in conjunction with this website (the “Website”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated here. If you do not agree with any of these Terms of Use, do not use the Website. DCGS reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices, and any changes to the Terms of Use made by DCGS.
Personal and Noncommercial Use
The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to DCGS that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.
No Warranties
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU “AS IS”; WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE DUPAGE COUNTY GENEALOGICAL SOCIETY MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEBSITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION, OR REQUIREMENT.
Neither DCGS nor its officers, board members, employees, agents, third-party information providers, merchants, licensors, or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of DCGS. DCGS reserves the right to change or discontinue at any time any aspect or feature of the Website.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DCGS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER, OR INFORMATION PROVIDER TO DCGS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
Indemnification
You agree to defend, indemnify, and hold DCGS, its officers, directors, board members, affiliated companies, employees and agents, licensors, and suppliers harmless from and against any and all claims, actions or demands, or liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website, or any content, product, or service offered through the Website, in a manner that violates or is alleged to violate these Terms of Use. DCGS shall provide notice to you of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.
Featured Links and Advertisements
The Website may contain hyperlinks to websites offered by parties other than DCGS. Such hyperlinks are provided for your reference and convenience only. DCGS does not control such other websites and is not responsible for their content; nor does DCGS’ inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Unless otherwise specifically stated on the Website, DCGS does not endorse any product or service or make any representation regarding the reliability, quality, or accuracy of any products or services featured in, or linked to, any advertisement appearing on the Website.
Linking
Unless you are subsequently advised otherwise by DCGS, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website and is not in that portion reserved for “Members Only”; DCGS reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Website.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise) resold or redistributed without the prior written consent of DCGS. Violation of this provision may result in severe civil and criminal penalties.
You may not use this Website or content therein (including names and contact information for those who submit information) for any purpose other than your personal or professional client family history research, including, but not limited to, contacting individuals for purposes other than genealogical research, selling or promoting products or services, soliciting clients or any other commercial purpose.
You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from DCGS or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to:
DuPage County Genealogical Society
P. O. Box 3
Wheaton, IL 60187
Email: webcoordinator@dcgs.org
Trademarks
Trademarks appear on the Website with the permission from their respective owners. Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
DCGS reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these Terms of Use. If DCGS receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, DCGS may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.
Copyright Infringement
DCGS will not tolerate copyright infringement of any kind. DCGS does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending DCGS notice that includes all of the following information:
- your full name, address and telephone number
- your e-mail address
- identification of the copyrighted work(s) that you believe is being infringed
- identification of the infringing material and information sufficient for DCGS to locate the material
- your statement of good faith belief that (a) the material infringes your copyright(s), (b) the information provided in the notice is accurate, and (c) under penalty of perjury, you are authorized to act for the copyright owner
- your physical or electronic signature
Direct such notice to the DCGS designated agent for receiving copyright infringement notices:
DuPage County Genealogical Society
P. O. Box 3
Wheaton, IL 60187
Email: webcoordinator@dcgs.org
Upon receipt of notice complying with the above requirements, DCGS will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Website.
If DCGS removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying the DCGS designated agent in writing and including the following information:
- your full name, address, and telephone number
- your e-mail address
- identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
- your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
- your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located or, if you reside outside of the United States, for the Northern District of Illinois (where DCGS may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
- your physical or electronic signature
Upon receipt of a notice meeting the above requirements, DCGS will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, DCGS will replace or enable access to the removed material unless DCGS receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to DCGS and/or the copyright owner or website user.
General
These Terms of Use (including the Privacy Policy attached hereto, which shall be deemed to be a part of these Terms of Use) constitute the entire agreement and understanding between you and DCGS with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms of Use also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. DCGS reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. By continuing to use the Website, you are agreeing to all changes made by DCGS. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
The website is controlled and operated by DCGS from its principal office in the State of Illinois, United States of America. DCGS makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. The Website is not intended to subject DCGS to the laws or jurisdiction of any state, country, or territory other than the State of Illinois and the United States of America.
Contacting Us
If you have any questions about this privacy statement, the practices of the Website, or your dealings with DCGS, you may contact us at:
DuPage County Genealogical Society
P. O. Box 3
Wheaton, IL 60187
Email: webcoordinator@dcgs.org