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Terms of Use

1. As-is Basis. In using website of the Claybourn Genealogical Society, Inc. (“CGS”) you recognize that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. These terms of use are subject to change, and should be reviewed regularly.

2. Terms Binding. You agree to use CGS in accordance with these Terms of Use. Accessing CGS, in any manner, for the purpose of obtaining information, technical or otherwise, about CGS constitutes use of CGS such that the party accessing CGS is bound by these Terms of Use. Because the Web is an evolving medium, we may need to change these Terms of Use or impose new conditions on use of CGS, from time to time, in which case we will post the revised Terms of Use on this website. By continuing to use CGS after we post any such changes, you accept the Terms of Use, as modified.

3. Copyright Material. Unless otherwise noted at the bottom of a particular page, CGS contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, CGS is intended for your personal, noncommercial use only. You may download material from CGS and may use CGS for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. The material is being made available for purposes of education and discussion in order to better understand family and cultural history. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed an interest in receiving the included information for research and educational purposes. For more information go to: http://www4.law.cornell.edu/uscode/17/107.html. If you wish to use copyrighted material from this site for purposes of your own that go beyond “fair use,” you must obtain permission from CGS. Blockquotes, quotations, and other original CGS material used on other websites shall likewise be governed by applicable copyright law and shall include a link to the original material on CGS’ website, provided such a link exists.

4. License to CGS. By posting messages, uploading files, or otherwise providing any material for display on CGS, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on CGS, you are granting CGS a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform or display any such communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

5. Privacy Policy.

  1. Names and information of living individuals are generally used only with their permission and all care is taken to protect their privacy. Where personal information about living individuals may appear on our website, we have typically published it at the request of the individual or with his or her permission.
  2. Notwithstanding the foregoing, certain biographical information about both living and deceased individuals may be posted on this website without advance notice. Individuals may contact CGS in order to request that certain ancestral or personal information be removed, changed or altered. However, the use or non-use of certain biographical information of living or deceased individuals is the sole discretion of CGS.
  3. Contact information on any family members will not be provided without the express permission of those involved. If you have an inquiry, you may contact CGS and we may forward your request to the family member to use at their discretion. The CGS membership database is used exclusively for administering CGS’s official business (contact information, journal mailings, etc.). If you no longer wish to receive such mailings, you may unsubscribe from our mailing list at any time.
  4. Children 12 years of age and older may participate in CGS, but we will not knowingly collect personal information from persons under 18 years of age. We recommend that minor children obtain permission from their parents before sending any information about themselves or others.
    Please do not hesitate to report any violations of this Privacy Policy or to express any concerns or comments regarding privacy issues.

6. Disclaimers. CGS includes links and pointers to Internet sites, content and services provided by third parties. Claybourn.org’s linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, Claybourn.org does not operate or control in any respect any information, products or services that third parties may provide on or through CGS or on websites linked to by Claybourn.org. The materials, information, products and services offered on or through CGS and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Claybourn.org disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Claybourn.org does not warrant that CGS or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of CGS, including comment boards, or the servers that make it available, are free of viruses or other harmful components. CGS does not warrant or make any representations regarding the use or the results of the use of CGS or materials on CGS or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not CGS) assume the entire cost of all necessary maintenance, repair or correction.

7. Spam. All commercial spam – whether as comments, sent in email form, or otherwise – is subject to the CAN-SPAM Act of 2003, all relevant state and federal laws, and all other provisions of the CGS Terms of Use.

8. Online Commerce. In addition, CGS may allow you to purchase many different types of products and services online that are provided by third parties. CGS is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on CGS or on a site linked to by CGS, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. CGS has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant website directly. You release CGS and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Claybourn.org.

9. Jurisdiction/Venue. These terms shall be governed by and construed in accordance with the laws of the State of Indiana. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Vanderburgh County, Indiana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.