IMPORTANT – PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE LaoFamilyTree.com website SOFTWARE OWNED BY (LaoFamilyTree.com LLC), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE LaoFamilyTree.com WESITE AND ITS ASSOCIATED SOFTWARE. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (See Sections 3 and 8) AND AN EXCLUSIVE REMEDY (See Section 8b). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The LaoFamilyTree.com website. We reserve the right to change, add to or discontinue any portion of our LaoFamilyTree.com website and our database in any way, solely as a matter of our discretion. Please let us know of any questions, concerns or problems you have relating to the use of LaoFamilyTree.com website by contacting us at LaoFamilyTree.com Support
You may not copy the source code and Software or any accompanying materials. Because the Software contains proprietary information of LaoFamilyTree.com , you agree: (i) to hold in the strictest confidence all program code and other elements of LaoFamilyTree.com website Software, (ii) not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the LaoFamilyTree.com source code and Software to any third party, and (iii) not to make use of the LaoFamilyTree.com Software other than for the permitted purposes under this EULA.
2. DISCLAIMER OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LaoFamilyTree.com AND ITS AFFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS, ADVERTISERS AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, QUALITY AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS EULA. THE LaoFamilyTree.com SOFTWARE ARE PROVIDED “AS IS” WITH “ALL FAULTS” AND “AS AVAILABLE”. THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE LaoFamilyTree.com SOFTWARE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. ACCORDINGLY, YOUR USE OF THE LaoFamilyTree.com SOFTWARE IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE LaoFamilyTree.com SOFTWARE NOT WORKING AS INTENDED OR FAILURE OF THE LaoFamilyTree.com SOFTWARE RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE OR A VIRUS.
3. ADDITIONAL TERMS
You are prohibited from making any changes or asking others to make changes to the LaoFamilyTree.com Software, including decompiling or reverse engineering the Software, modifying it in any way, or disassembling the LaoFamilyTree.com Software. Any modifications to the LaoFamilyTree.com Software shall remain the exclusive property of LaoFamilyTree.com (which owned by LaoFamilyTree.com LLC) may in its sole discretion and for any reason discontinue your right to access and use the LaoFamilyTree.com Software. Without prejudice to any other rights, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the LaoFamilyTree.com Software or this EULA. You must be more than 18 years of age in order to enter into this EULA for the licensing of the LaoFamilyTree.com Software and use of the Toolbar and Software. As a condition of your using our LaoFamilyTree.com and Software, you represent that you are at least 18 years old. LaoFamilyTree.com has no control over other sites which you may access, including those sites which are linked to our Site. Therefore, LaoFamilyTree.com is not responsible for the content or function of any other site, and disclaims any liability for any aspects of any sites you access via direct access or access through our Site or LaoFamilyTree.com Software functionality.
We reserve the right to change, add to or discontinue any portion of our Software and database in any way, solely as a matter of our discretion. Due to the rapidly evolving nature of the Internet and continuous improvements to our LaoFamilyTree.com website and Software, LaoFamilyTree.com reserves the right to make changes to this EULA. Please check this page periodically for changes. Any such modification constitutes a successor EULA. Continued use of the LaoFamilyTree.com website and Software indicates your acceptance of such successor EULAs. If you do not accept any such successor EULAs you must not use LaoFamilyTree.com website and Software from your computer.
4. Dispute Resolution
Any disputes and/or claims arising out of this EULA, the LaoFamilyTree.com and Software, the use of the Site and/or any products and services acquired under or relating to this EULA shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association which shall govern such arbitration and be conducted before a single arbitrator in Seattle, Washington. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity. We will pay the costs of the arbitrator. Except for the costs of the arbitrator, each party shall bear its own costs, including any attorneys’ fees. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition to any other remedies, we shall also have the right to seek injunctive relief to protect our intellectual property rights in and to our LaoFamilyTree.com website and Software.
5. Limitation of Liability, YOUR EXCLUSIVE REMEDY.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LaoFamilyTree.com LLC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SHOPPING TOOLBAR AND SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SHOPATHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, LaoFamilyTree.com LLC SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR BY THE COMBINATION OF OUR LaoFamilyTree.com WEBSITE AND SOFTWARE WITH ANY OTHER SOFTWARE. IN ANY CASE, LaoFamilyTree.com LLC ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO $50.00 BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.(b) IF THE FOREGOING EXCLUSION OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF LaoFamilyTree.com LLC AND ITS AFFILIATES, ARISING OUT OF OR RELATED TO THIS EULA AND THE SHOPPING LaoFamilyTree.com AND SOFTWARE SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO ONE HUNDRED DOLLARS ($50.00) RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.(c) THE LIMITATIONS IN THIS SECTION 5 SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO (i) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED. THE EXCLUSION OF CONSEQUENTIAL DAMAGES UNDER SECTION 8(a) IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE.9. YOU HAVE LIMITED TIME TO BRING YOUR CLAIMS. YOU AND SHOPATHOME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE LaoFamilyTree.com AND SOFTWARE MUST COMMENCE WITHIN 3 (THREE) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6. YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES
You are fully responsible for your activities using the LaoFamilyTree.com and Software. You shall not use the LaoFamilyTree.com and Software in any way that is unlawful or that harms us or any other party in any way.
7. Export Restrictions
You acknowledge that the LaoFamilyTree.com and Software licensed hereunder are subject to the export control laws and regulations of the United States. You confirm that with respect to the Shopping Toolbar and Software, you will not export or re-export it, directly or indirectly, to any countries that are subject to United States export restrictions. You further acknowledge that the LaoFamilyTree.com and Software may include technical data subject to export and re-export restrictions imposed by United States law. You agree to comply with all applicable international and national laws that apply to the LaoFamilyTree.com and Software, as well as end-user, end-use and destination restrictions issued by the United States and other governments.
8. General Terms of EULA
The laws of the State of Washington govern the performance and interpretation of this EULA, without regard to any conflicts of laws provisions. This EULA, as it may be modified from time to time, constitutes the entire agreement under which LaoFamilyTree.com LLC allows you to use the LaoFamilyTree.com and Software. If there are any provisions or clauses in this EULA which may now or in the future be held to be illegal or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in force. In addition to any other limitations which may be set forth herein, LaoFamilyTree.com LLC shall not be responsible for events which are out of the control of LaoFamilyTree.com LLC and which negatively impact the performance or use of the LaoFamilyTree.com and Software, such as acts of God, acts by governmental authorities, or other acts not within the control of LaoFamilyTree.com LLC.The terms of this EULA are in addition to the terms of the Membership Agreement which you agreed to when you became a member in the LaoFamilyTree.com website. In the event of any conflict between the terms of this EULA and the terms of the Membership Agreement, the terms of this EULA shall prevail.