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Terms and Conditions

Norwegian American Genealogical Center, Inc. (“NAGC” or “we”) provides the web pages available at this web site (the “NAGC Website”) to its members and the general public on these terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS NAGC WEBSITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE OR ACCESS THIS NAGC WEBSITE.

The information, material, and content (“Content”) appearing on the NAGC Website is the sole property and copyright of NAGC and its licensors, as applicable. All Content appearing on the NAGC Website is based on our experience to date and was believed to be reliable as of the time it was prepared. The Content may contain technical inaccuracies, outdated or incomplete information, or typographical errors.

The NAGC Website includes an online store (the “NAGC Store”). Merchandise and other items displayed in the NAGC Store are available while supplies last. The prices displayed in the NAGC Store are quoted in U.S. Dollars and are valid and effective only in the United States. The prices and availability of products in the NAGC Store may change without notice to you at any time in NAGC’s sole discretion. All items purchased from the NAGC Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

THIS NAGC WEBSITE, THE CONTENT AND ALL PRODUCTS SOLD OR OTHERWISE PROVIDED THROUGH THE NAGC STORE ARE PROVIDED AS IS AND WITH ALL FAULTS, AND NAGC MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, QUALITY, SYSTEMS INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NAGC OR ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR EXTRA-CONTRACTUAL DAMAGES OF ANY KIND WHATEVER ARISING FROM OR CONNECTED WITH THIS WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WEBSITE OR SITES LINKED FROM THIS WEBSITE, WHICH DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, OR LOSS OF BUSINESS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FORESEEABLE, EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED FAIL OF THEIR ESSENTIAL PURPOSE.

These terms and conditions of use shall be governed by and construed in accordance with the laws of State of Wisconsin, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of these terms shall remain in full force and effect.

NAGC On-Line Database License Agreement

This License Agreement (this “Agreement”) by and between the individual accepting this agreement (“you” or “Subscriber”), as identified in the online registration form completed pursuant hereto (the “Registration Materials”), and Norwegian American Genealogical Center, Inc., a Wisconsin non-stock corporation (“NAGC”).

By clicking the “COMPLETE REGISTRATION” button below, or otherwise requesting and using the Service, you agree as Subscriber to be bound by the terms of this Agreement and to become a party to this Agreement. If you do not agree to the terms of this Agreement, you must not access or use the Service.

Whereas, NAGC has developed an on-line database of information, containing genealogical information, data, images, video and other Content (the “NAGC On-Line Database”), focusing on Norwegian immigration and Norwegian-American heritage; and

Whereas, the NAGC On-Line Database service and the functions, tools, and services related thereto (“Service”) is a subscription service within a proprietary World Wide Web site operated and maintained by NAGC at the URL www.nagcnl.org; and

Whereas, NAGC and its licensors own the proprietary rights and intellectual property (including, without limitation, all copyright) in and to the NAGC On-Line Database, including all written materials, images, video and other works (including the selection and creation of compilations of data) (collectively, “Content”) made available through the Service or otherwise contained in the NAGC On-Line Database;

Whereas, Subscriber wishes to make use of the Service;

Now therefore, in consideration of the above and the terms and covenants set forth below, the parties stipulate and agree as follows:

1. SUBSCRIBER NAME AND PASSWORD
(a) NAGC will assign a User Identification (the “User ID”) and associated password (the “Password”) to each Subscriber. Subscriber shall not share his or her User ID and Password with any other person and shall ensure that no one other else shall use his or her User ID and Password.

(b) Subscriber is solely responsible for maintaining the confidentiality of its Password, and for all use, whether authorized or unauthorized, of the Service under its User ID and Password. NAGC shall have no obligation with regard thereto. Subscriber shall promptly inform NAGC if he or she suspects any breach of security, such as loss, theft, or unauthorized disclosure or use of any User ID, Password, or credit card number used in connection with the Service. Until NAGC is properly notified of a breach of security by e-mail notice to genealogy@nagcnl.org, Subscriber will remain responsible for any unauthorized use of the Service occurring under the compromised User ID and Password. Liability for unauthorized use of Subscriber’s credit card is subject to Subscriber’s agreement with Subscriber’s credit card company.

(c) REMEMBER YOUR SUBSCRIBER NAME AND PASSWORD! If you forget either of them, NAGC may disclose them to you under security procedures determined by NAGC, which may result in substantial delays in your ability to access the Service.

2. LICENSE OF NAGC ON-LINE DATABASE
NAGC grants to Subscriber, and Subscriber hereby accepts, a limited, non-transferable and non-exclusive license during the term of this Agreement to use the NAGC On-Line Database through the Service for searching and retrieval of data elements for purposes of personal genealogical research and for no other purposes without the prior written consent of NAGC. The foregoing license permits Subscriber (and only Subscriber) (i) to view the Content in the NAGC On-Line Database, conduct queries of the NAGC On-Line Database, and utilize the software tools incorporated into the NAGC On-Line Database, and (ii) to print hard copies of excerpts from the NAGC On-Line Database consisting of individual entries and Content regarding specific individuals and/or families, provided that such printing is not undertaken on a systematic basis and does not involve the systematic reproduction or storage of a significant portion of the NAGC On-Line Database. All other rights in and to the NAGC On-Line Database are retained by NAGC; provided that the foregoing does not purport to limit any use which qualifies as “fair use” under the United States Copyright Act. To the extent that Subscriber wishes to utilize the NAGC On-Line Database or any Content for any purpose not within the scope of the foregoing permitted uses, Subscriber may contact NAGC to request permission, which NAGC may grant or withhold in its sole discretion.

3. ADDITIONAL TERMS AND CONDITIONS OF LICENSE
(a) From time to time, Subscriber may elect to upload or otherwise submit to NAGC (via the Service or otherwise) written materials, images, video or other materials proposed for inclusion in the NAGC On-Line Database as Content (“Subscriber Content”). By supplying any Subscriber Content to NAGC, Subscriber grants to NAGC a perpetual, royalty-free, fully-paid, non-exclusive, freely transferable license to incorporate the Subscriber Content into the NAGC On-Line Database and otherwise use, copy, distribute and create derivative works from such Subscriber Content.

(b) Any changes or improvements to the NAGC On-Line Database’s architecture, functionality, programming or content (or the Service generally) suggested by Subscriber to NAGC shall be the property of NAGC.

(c) Subscriber shall not remove, alter or modify any copyright or other proprietary notices of NAGC contained in any copies of the content of the NAGC On-Line Database made under the terms of the license granted to in this Agreement. Subscriber shall not alter, modify or otherwise vary the NAGC On-Line Database without prior written consent of NAGC.

(d) THE NAGC ON-LINE DATABASE AND SERVICE IS MADE AVAILABLE ON AN “AS IS” BASIS. NAGC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NAGC HAS MADE GOOD FAITH EFFORTS TO ASSURE THE ACCURACY AND COMPLETENESS OF THE CONTENTS OF THE NAGC ON-LINE DATABASE, BUT ALL USE IS AT SUBSCRIBER’S OWN RISK AND NAGC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, OR OTHERS AS A RESULT OF ERRORS OR OMISSIONS IN THE DATA. NAGC SHALL NOT BE RESPONSIBLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE.

(e) Subscriber shall at all times comply with all applicable laws, rules and regulations with respect to its use of the Service.

(f) Subscriber assumes responsibility for the internet access to the Service. NAGC assumes no responsibility for the operating environment in which the Service is to function.

(g) Subscriber agrees to indemnify and hold NAGC harmless from any cost or expense (including reasonable attorney’s fees) arising out of any claim, action, liability, cause of action or suit brought or made against NAGC by Subscriber or any third party in any way related to (i) Subscriber’s use of the Content, the NAGC On-Line Database or the Service, or (ii) breach of this Agreement by Subscriber.

(h) The information and materials made available by NAGC in connection with the Service, including the Content and the NAGC On-Line Database, are protected by law, including but not limited to United States Copyright Law and international treaties. NAGC reserves, on behalf of NAGC and its licensors, all rights not expressly granted to Subscriber in this Agreement and all right, title, and interest (including all copyrights and other intellectual property rights) in the NAGC On-Line Database and any functionality and tools contained therein.

4. PAYMENT
(a) Subscriber agrees to pay NAGC the subscription fee identified in the Registration Materials for the service level identified in the Registration Materials to use the NAGC Directory Online. A User ID and Password will be issued via e-mail upon confirmation of payment for the term of this Agreement.

(b) The level of functionality and Content to which Subscriber will be granted access as part of the Service depends upon the service level selected by Subscriber during the registration (or renewal) process (the “Service Level”) and the annual subscription fee shall depend upon the Service Level selected by Subscriber. Subscriber may change his or her Service Level through the functionality of the Service and, to the extent a Service Level with a higher subscription fee is selected, paying the additional subscription fee designated by NAGC. To the extent that Subscriber changes his or her Service Level to a Service Level with a lower subscription fee, NAGC will issue Subscriber a credit for the pro-rated difference in the applicable subscription fees, which credit will be applied to the next renewal of the Service by Subscriber. No refund of any subscription fees will be issued and if Subscriber does not utilize any credit issued as a result of a decrease in the Service Level, such credit will be lost.

5. TERM
The term of this Agreement shall commence upon the date of the e-mailed confirmation and issuance of a User ID and Password (the “Effective Date”) and shall continue in force for the period specified in the Registration Materials unless extended or terminated pursuant to the terms of this Agreement. Subscriber may renew the Agreement by completing a renewal form available through the Service and paying the then-current subscription fee for the Service; provided that NAGC reserves the right to accept or decline any renewal. Any renewal accepted by NAGC shall not be effective until payment is received and shall continue until the next anniversary of the Effective Date. Subscriber acknowledges that NAGC may elect to require Subscriber to agree to modifications to the terms of this Agreement as part of the renewal process and as a condition to any renewal.

6. TERMINATION
(a) Upon default by Subscriber of any of the terms of this Agreement NAGC may immediately terminate this Agreement and then give written notice of termination to Subscriber. Failure to renew this agreement at the end of the term as described in this Agreement will constitute termination by Subscriber. Upon termination of this agreement, the Subscriber’s User ID and Password will be deactivated. Paragraphs 1, 3, 6, 7 and 8 shall survive termination or expiration of this Agreement.

(b) Subscriber may terminate the agreement by notifying NAGC, in writing, either by e-mail to genealogy@nagcnl.org or completing an online termination form through the Service. Subscription fees however, are not refundable.

(c) NAGC may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service, including limiting the time of its availability, the amount of use permitted, or who is permitted to use it. Without limitation to the foregoing, NAGC may periodically update or enhance the Content and software tools will be incorporated from time to time into the NAGC On-Line Database and may decline to offer subscription to some or all such data or tools for subscription. Subscriber’s only right with respect to any dissatisfaction with any service related change or elimination is to terminate this Agreement and discontinue use of the Service by delivering proper notice to NAGC in accordance with the instructions provided in paragraph (b) above.

7. SUBSCRIBER REPRESENTATIONS
Subscriber hereby represents and warrants that Subscriber is a member in good standing of NAGC and that the information provided in the Registration Materials is accurate and complete in all respects. To the extent that Subscriber supplies any Subscriber Content to NAGC, Subscriber warrants that Subscriber has the right to grant the license to NAGC set forth in this Agreement.

8. MISCELLANEOUS
(a) This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to its conflict of law provisions. If any provision of this Agreement, or the application hereof, is found invalid or unenforceable by a court, governmental agency or administrative body of competent jurisdiction in a particular territory, then that provision will be amended for purposes of that territory only as required to be valid and enforceable to the fullest extent possible in that territory while still achieving as nearly as possible the same economic, legal and contractual effect as the original provision in that territory and the remainder of this Agreement will remain in full force and effect. Paragraph headings are provided for convenience and will not affect the construction of this Agreement. Subscriber hereby consents to the exclusive jurisdiction and venue of the state courts sitting in Dane County, Wisconsin, U.S.A and the federal district court for the Western District of Wisconsin.

(b) Subscriber acknowledges and agrees that money damages would be an inadequate remedy for its breach of this Agreement, because of the difficulty of ascertaining the amount of damages that would be suffered by NAGC in connection therewith. Therefore, Subscriber agrees that NAGC shall be entitled to equitable relief, including injunction and specific performance, in the event of any breach of the provisions of this Agreement, in addition to all other remedies available to NAGC at law or in equity.

(c) This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the parties. This Agreement may be amended or modified only by a document executed (either online or in writing) by both a person authorized to sign on behalf of Subscriber and NAGC. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

(d) This Agreement cannot be assigned by Subscriber without the prior written consent of NAGC. NAGC may assign its rights hereunder. This Agreement shall be binding upon the successors and assigns of both parties.

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