IMPORTANT: This web site ("Site") is operated and owned by Progeny Software Inc. ("Progeny"). Please read these terms and conditions of use carefully. By accessing or using this Site, you are agreeing to be bound by these terms and conditions. If you do not accept the terms and conditions stated herein, do not access or use this Site. Progeny reserves the right to revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review these terms and conditions. Progeny reserves the right to expel you and prevent your further access to this Site for violating any of these terms and conditions.

Use of Materials. Subject to any special notes that may apply to the download and use advice of certain software available through this Site, Progeny authorizes you to view and download a single copy of any material on this Site solely for your personal, noncommercial use. Special rules may apply to the use of certain software, GENELINES history files and other items provided for downloading on this Site. Any such special rules are listed as "Legal Notices" on this Site and are incorporated into these terms and conditions by reference.

Copyright and Restrictions. The contents of this Site, such as text, graphics, images, software, GENELINES history files and other material (collectively "Materials"), are protected by copyright under both Canadian and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials, or any part thereof, for any public or commercial purpose. The use of the Materials in any other manner or for any other purpose (including, without limitation, use of or uploading Materials on any other web site ) is prohibited. If you violate any of these restrictions, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made thereof.

Trade-Marks. CHARTING COMPANION, GEDMARK, GENELINES T , FAMILY EXPLORER, FAMILY PUBLISHER ® , MAP MY FAMILY TREE, WORLD PLACE ADVISOR, WORLD PLACE FINDER, GED MATE ® and PAF MATE ® are trade-marks of Progeny. All other trademarks belong to their respective owners. Nothing contained on this Site should be construed as granting any license or right to use any trade-mark, logo or design displayed on this Site without the written permission of Progeny or the respective owner.

DISCLAIMER OF WARRANTIES. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS". PROGENY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS, INCLUDING ANY GENELINES HISTORY FILES, CONTAINED ON THIS SITE. PROGENY DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE, OR THAT THIS SITE OR THE MATERIALS AVAILABLE THEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. YOU ACCESS AND USE THIS SITE AT YOUR OWN RISK. IN NO EVENT SHALL PROGENY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PROGENY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.

Third Party Submissions. This Site may contain GENELINES history files, data or the like (collectively "Third Party Content") submitted by other users. Progeny is not responsible for and does not represent or warrant the truthfulness, accuracy or reliability of any Third Party Content. Progeny is not responsible for screening or monitoring any Third Party Content posted by users of this Site. If notified of Third Party Content which allegedly breaches these terms and conditions, Progeny may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Third Party Content. Progeny has no liability for performance or non-performance of such activities.

Linked Sites. This Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Progeny of any third-party website or the content thereof. Progeny does not operate any website linked to the Site (unless otherwise stated) and is not responsible for the content of linked sites and does not make any representations, warranties or conditions regarding the materials available on such websites including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components. If you decide to access any linked site, you do so entirely at your own risk. Progeny reserves the right to terminate any link or linking program at any time.

Software Licenses. All software that is made available for downloading from this Site is protected by copyright and may be protected by other rights. Your downloading and use of any such software is conditioned on your agreement to be bound by the terms of the software license agreement or designated "Legal Notice" accompanying such software.

Indemnity. You agree to indemnify Progeny and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these terms and conditions; (b) your access to or use of this Site or any web site to which this Site is or may be linked from time to time; (c) your use of, inability to use, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (c) your violation of any law or regulation.

Privacy. As a result of your access to or use of this Site, Progeny may gather certain information about you and your usage of the Site. Progeny is free to use such information for any purpose including, but not limited to, creating customized web pages and for any other marketing purposes. This information is primarily used to provide an enhanced online experience for users of the Site. Information tracked includes your browser type, computer type, domain and e-mail address. Where Progeny collects personal information in connection with your access to or use of this Site, then, subject to its rights to use such information as noted above, Progeny will keep that information confidential and will not share it with outside agencies other than employees of Progeny and its affiliates and third party marketing and web-site design and maintenance entities working with Progeny in connection with the Site. Click here for more information about Progeny's privacy policy.

Security. Please note that information sent or received over the Internet is generally insecure and Progeny cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Progeny will not be responsible for any damages you may suffer as a result of or in connection with the transmission of any information from or to this Site.

On-line Purchases. Certain sections of the Site allow you to purchase Progeny or third party products. Progeny reserves the right to limit quantities of Progeny or third-party products purchased, to refuse orders and/or cancel orders at its discretion. You may only purchase or order items from this site for non-commercial and lawful purposes. Any other use is prohibited. You must be eighteen (18) years of age or older to purchase Progeny or third-party products from this Site. You agree to pay all charges incurred by you relating to any Progeny or third-party software products ordered through the site.

When ordering products on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested. In order to protect you and Progeny from fraudulent transactions, Progeny may provide your transactional related information to a reputable third-party organization to perform an address verification. This address certification is intended to ensure that the “bill to” address you provide matches your current correct address. Progeny also reserves the right not to ship items ordered or purchased on the site to certain addresses at its discretion. In the event that Progeny chooses not to ship an item you will be notified by e-mail and any amount charged to your credit card will be refunded.

You acknowledge and agree that the listed price of the products made available on the Site is subject to change without notice and that products are subject to availability. The sale of Progeny or third-party products is void where prohibited by law.

Progeny will use commercially reasonable efforts to deliver products as quickly as possible; however, Progeny will not be responsible for any delays in its delivery which are beyond its control.

Termination. Progeny may, in its sole discretion, terminate or suspend your right to use the Site, at any time without notice, including, without limitation, for breach of the terms and conditions of this Agreement. In the event of termination or suspension, you are no longer authorized to access, view or use the Site. The restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement for any reason. Progeny shall not be liable to you or any other party for such termination, or suspension.

Modification to Site. Progeny reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without written notice. You agree that Progeny shall not be liable to you or any third party for any modifications, suspensions or discontinuance of the Site or any part thereof.

General. These terms and conditions shall be governed by the laws in force in the Province of Ontario, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the Province of Ontario . You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. Except for any agreements with Progeny that expressly reference these terms and conditions, this is the entire agreement between you and Progeny relating to the matters contained herein and shall not be modified except in writing by Progeny. Any consent by Progeny to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties.

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