IMPORTANT NOTICE: THIS DATABASE AND WEBSITE -- TITLED "SORENSON MOLECULAR GENEALOGY FOUNDATION DATABASE" or "SORENSON MOLECULAR GENEALOGY FOUNDATION WEBSITE"
AND ASSOCIATED CONTENT AND/OR SERVICES AND/OR ACCOUNTS (ANY OR ALL, THE "Database" or "DATABASE") -- AND WHICH INCLUDES ONLINE OR ELECTRONIC DOCUMENTATION AND MAY
INCLUDE ASSOCIATED DATA -- IS OWNED BY ANCESTRY.COM DNA, LLC. ("AncestryDNA") OR ITS LICENSORS AND IS PROTECTED BY CONTRACT, TRADE SECRET AND COPYRIGHT LAWS AND
INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. ANCESTRYDNA IS WILLING TO ALLOW LIMITED ACCESS TO THIS DATABASE TO YOU
THE USER OR CUSTOMER ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS "DATABASE ACCESS AGREEMENT" (THE "AGREEMENT").
PLEASE READ THE AGREEMENT CAREFULLY BEFORE YOU ACCESS THE DATABASE BECAUSE BY ACCESSING THE DATABASE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHALL BE BOUND BY
THE TERMS OF THE AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THE TERMS OF THE AGREEMENT, YOU ARE UNAUTHORIZED TO ACCESS THE DATABASE AND YOU SHOULD NOT USE IT BUT
SHOULD EXIT THIS SITE NOW. VIOLATION OF THIS AGREEMENT MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCESS AND MAY RESULT IN LEGAL ACTION AGAINST YOU.
THESE CONDITIONS OF USE APPLY TO USERS VISITING OR REGISTERING ON OR AFTER JANUARY 15, 2013. FOR EXISTING USERS, THESE CONDITIONS OF USE WILL BECOME EFFECTIVE JANUARY 15, 2013.
DATABASE ACCESS AGREEMENT
This is a legal, valid, and binding Database Access Agreement (the "Agreement") between you and AncestryDNA, who is the owner of the Database. When you access the
Database, you do not purchase ownership of it or any part of it or obtain any right to access it or use it but obtain permission to use it strictly in accordance with
the terms and conditions contained in this Agreement. Therefore, if and when you access, or access and use, the Database you expressly enter into this Agreement with
AncestryDNA and agree to be bound by all the terms and conditions below.
Permitted Access and Use Of Database
Use. You may access and use the website and Database and your personal account for personal, educational and non-commercial family history research, and download
any content only as search results relevant to that research.
Exporting. You may not systematically download or export significant portions of the AncestryDNA Database for use in another database or for any commercial purpose.
Resale of data or other material obtained from the Database is strictly prohibited.
Copying/Reproducing. You may print a copy of Database results for personal, non-commercial use. The materials and information found on the Database may be copied
and distributed for informational purposes. Portions of the AncestryDNA website may be displayed on other websites, provided that with your display you state that
any such data, materials and information originated from the AncestryDNA website and provided that with such statement you provide a link to the AncestryDNA website.
The AncestryDNA logo may be used on other websites for linking to www.smgf.org as long as the logo is not altered and subject to all other provisions of this
Agreement including without limitation those portions applicable to quality control of the logo and other AncestryDNA trademarks and intellectual property. If you
copy any of the data, documents and/or other materials that accompany the Database, the copies should likewise contain all notices, including copyright notices,
that are included in the original documents and materials.
Publishing. Due to the considerable effort that has gone into gathering and analysis of the data on the Database and providing the online Database, and in an effort
to protect the privacy of our participants, you must first contact AncestryDNA and obtain our express written authorization if your objective is to use the Database
for scientific or other publications.
Citing. You must properly cite the following citation whenever citing data or other information or material from the Database:
"These data were produced by Ancestry.com DNA, LLC. and can be obtained for limited purposes from http://www.smgf.org."
Registration. You may need to register for an AncestryDNA account in order to access certain services. The registration process may require you to provide personal
information, such as name and e-mail address. You agree that the information you provide will be accurate and current. You agree that you will use the Database only
for purposes set forth in this Agreement, including without limitation refraining from duplicating or selling any portion of the Database.
Account Security. You are responsible to maintain the security and confidentiality of account passwords and you are responsible for all activity occurring on the account.
Modifications. AncestryDNA reserves the right at any time to modify or discontinue your access and use, and the terms upon which you access and use, the Database.
Restrictions On Use
You must not port, translate, reverse engineer, reverse assemble, reverse compile, decompile, disassemble or otherwise attempt to derive source code from the Database except
to the extent this restriction may be expressly prohibited by applicable law.
You must not publish or distribute the computer images, sound files, or fonts included with the Database as computer images, sound files, fonts or the like.
You must not use any of the images or information related to identifiable individuals or entities (if any) in a manner which suggests their association with or endorsement
of any product or service.
You must not alter, modify or change the Database, merge all or any part of it into another product or database or attempt to separate any of the components of the Database.
You may not use the information from the website and/or the Database in whole, in part and/or in combination with any other database for any discriminatory, breach of privacy
or otherwise illegal activity (for example, to re-identify any anonymous donor or to make insurance or employment decisions).
Your permission for access under this Agreement shall be terminated automatically if you fail to comply with the provisions of this Agreement. You agree, upon termination of
your permission, to cease all access and use of the Database, and you must erase and destroy any copy made for back-up or archive or any other purposes. Upon termination of
your permission this Agreement shall expire, except those terms and conditions which shall survive according to their terms, specifically your obligation to cease all access
and use of the Database and erase and destroy all copies, and the "No Warranties," "Limitation of Liability," and "Miscellaneous" provisions set forth below.
Permanent Transfer of Data from Database.
You must not rent, lend, or lease the data from the Database to third parties.
You must not export or re-export data from the Database to any country, person, entity, or end-user subject to U.S.A. export restrictions which presently
includes but is not necessarily limited to: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Federal Republic of Yugoslavia (Serbia and Montenegro,
U.N. Protected Areas and areas of Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces).
Other applicable restrictions:
All title and copyrights in and to the Database and any copies thereof are owned by AncestryDNA or its licensors. All title and intellectual property rights in
and to the content which may be accessed through access and use of the Database is the property of AncestryDNA and may be protected by applicable copyright or
other intellectual property laws and treaties. This Agreement grants you no rights to use such content other than solely for those purposes set forth
in this Agreement.
You may not utilize the Database or its content or its functionality to create or enable or otherwise facilitate a web based or internet based or other
self-service business or other commercial application.
You may not exceed any limits of use set forth or otherwise evident in the Database.
No Warranties/Limitation Of Liability
- THIS DATABASE IS PROVIDED ON AN "AS IS" BASIS. AncestryDNA DOES NOT WARRANT OR GUARANTY THAT THE DATABASE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION
OR ANY ASPECT OF IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GENETIC OR GENEALOGICAL OR OTHER DATA IN THE DATABASE WILL BE ACCURATE OR RELIABLE.
USE THIS DATABASE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AncestryDNA ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS EXCLUDES
AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ASSUMES
NO LIABILITY FOR YOUR ACCESS TO AND/OR USE OF THE DATABASE.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AncestryDNA OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL, ECONOMIC, OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE DATABASE, EVEN IF AncestryDNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS BY A THIRD PARTY.
AncestryDNA'S MAXIMUM AGGREGATE LIABILITY TO YOU, AND THAT OF ITS SUPPLIERS AND LICENSORS SHALL IN ALL INSTANCES BE ZERO.
No AncestryDNA agent, representative or employee is authorized to make statements inconsistent with, or conflicting with, this Agreement.
This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Utah, United States of America, without regard to principles
of conflicts of law of any jurisdiction. This Agreement does not create an employment relationship, partnership, franchise, joint venture, or master-servant
relationship, nor does it obligate either party to enter into an employment relationship, strategic alliance, teaming agreement, joint venture, partnership, or
enter into an agreement, or become otherwise obligated to purchase or sell the business and/or assets of a party hereto. Further, you shall not act in a manner
or make a representation which expresses or implies a relationship with AncestryDNA other than as a permitted user of the Database. Except those claims over which a
regulatory agency has exclusive jurisdiction, all claims between the parties, regardless of legal theory and whenever brought, shall be resolved by compulsory and
binding arbitration conducted in Salt Lake City, Utah, United States of America, the parties agree to and do hereby waive any and all judicial remedies on any
matter subject to this part. This Agreement is the entire agreement between you and AncestryDNA, and supersedes any other prior or contemporaneous agreements (if any),
purchase orders, communications, advertising, or representations -- whether oral or written -- concerning the Database. This Agreement may not be changed except
by a written document signed by an authorized representative of AncestryDNA which expressly refers to this Agreement. Any provision hereof found by a court of competent
jurisdiction to be invalid, illegal, or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain
in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement thereof on future occasions. Headings are for reference
purposes only and have no substantive effect. Termination or expiration of this Agreement shall not relieve any of the parties from performing any obligation
which may have accrued prior thereto or which survives by its terms. Nothing in this Agreement constitutes a waiver of AncestryDNA's rights under the United States of
America copyright laws or any other Federal or State law, nor of any of AncestryDNA's rights under the rules or laws of any country, territory, republic, and/or province.
Should you have any questions concerning this Agreement, or if you desire to contact AncestryDNA for any reason, please write to:
Ancestry.com DNA, LLC.
360 W. 4800 N.,
Provo, Utah 84604