Terms of Service | LACHANCE.org

ACCEPTANCE OF TERMS OF SERVICE

The following terms and conditions, collectively known as 'Terms of Use', govern all use of the lachance.org website and all content, services and products (if any) available at or through the website (taken together, the Website). The Website is owned and operated by The Lachance and Bussell Families, Lawrence J. Lachance, aka Larry Lachance using the domain name 'lachance.org'. The domain ‘lachance.org’ and this Website is solely owned by Lawrence J. Lachance, aka Larry Lachance (Owner) of Jacksonville, Florida in the United States.

The term "you" will refer to any person viewing the website content using the URL lachance.org.

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, lachance.org ‘Privacy Policy’, incorporated by reference within these ‘Terms of Use’) and procedures that may be published from time to time on this Website by lachance.org (collectively, the "Agreement"). In addition, your usage of services on this site or accessed via this site will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these 'Terms of Use'.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement, as amended from time to time with or without notice to you. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by lachance.org, acceptance is expressly limited to these terms.

The Website is available only to individuals who are at least 13 years old. (See Restrictions Below)

YOUR RESPONSIBLITIES AND REGISTRATION OBLIGATIONS

In order to use this site or certain parts of it, you may be required to register for a user account on this Website; in this case, you agree to provide truthful information when requested, and, if a minimum age is required for eligibility for a user account, you undertake that you are of at least the required age. By registering for a user account, you explicitly agree to this site's 'Terms of Use' and ‘Privacy Policy’, including any amendments made by the Website owner/operator that are published herein.

RESPONSIBILITY OF CONTRIBUTORS - submission of content on this site

If you submit material for inclusion to the Website, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, personal information, information about family, graphics, photographs, an audio file, or computer software. By making Content available, you represent, warrant and agree that:

by submitting Content to lachance.org for inclusion on this Website, you are granting the Website owner a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media or technology already known at the time of provision or developed subsequently;
you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the Website owner the license specified in this section;
the use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
you shall not use this site or any services or facilities provided on this site or via this site to contact and communicate with site users or other persons for any illicit or illegal purpose.

You acknowledge and agree that the site operator will have every right and full discretion (but no obligation) to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

Lachance.org and/or its owner/operator will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

If you desire to remove Content, lachance.org will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable and that such information may remain available in other, publicly accessible locations, outside of the control of this Website or its owner.

Without limiting any of those representations or warranties lachance.org has the right (though not the obligation) to, in the Website owner’s sole discretion (i) refuse or remove any content that, in the Website owner’s reasonable opinion, violates any lachance.org policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Website owner’s sole discretion, and (iii) modify or discontinue provision of this site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you.

LICENSE TO USER

You are granted a license to use information and other content provided by the Website (“Content”) for purposes of personal genealogical, non-commercial research. This is the grant of a license, not a transfer of title, and under this license you may download and copy only as much Content as is customary and necessary for your personal use and research regarding a specific research inquiry, but you may not in any case copy all or any substantial portion of the information contained on the Website (during any one visit or cumulatively over time) without the express consent of lachance.org. You may NOT attempt to decompile or reverse engineer any software (database) contained on this website. Your licenses granted in this Section do not apply to any Content accessed by circumventing any technological or password protections or otherwise in violation of these ‘Terms of Service’. Please note that lachance.org cannot and does not warrant or represent that the User Content is non-infringing.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the owner at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

RESTRICTIONS

By using this site, you agree to the following specific terms of use and any changes thereto:

The content of this site cannot be used for any sort of unsolicited mail or commercial purposes.

AGE RESTRICTION SPECIFIED: By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless lachance.org and its owner if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner, register as a user, or submit any information to the Website.

Family members may not share their user name and password with anyone except their current spouse and minor children (defined as minors over the age of 13 years). They also agree not to share personal data of family members accessible through use of that password without the express permission of the individuals concerned.

Any user ID and password you may have for this website are confidential and you must maintain confidentiality of such information.

You agree to give appropriate credit for any material from this website that you use in a written document, genealogical database, or website of your own. You agree to provide proper credit by including a link to the lachance.org site on any genealogical web page of yours that makes use of the content on this site. This may be accomplished by citing the page/URL address (http://...) that contains the information you are using and/or the name and URL address of the primary domain of the website, for example: “The Lachance and Bussell Families,” http://www.lachance.org.

Note: It is expressly forbidden for anyone to charge for access to these pages, or to provide the information contained on them to anyone for any kind of fee or charge, or to use them in any commercial manner whatsoever.

If you have been charged a fee to access these pages, or know of a site that is doing so, or that is reproducing information from this site for a fee, please contact the site owner using the link at the bottom of this page.

YOUR CONDUCT

By using this site or any service provided, you explicitly agree to the following clauses:

You shall not provide any content or conduct yourself in any way that may be construed as:

Unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, or pornographic;
designed to interfere with or disrupt the operation of this site or any service provided:
infected with a virus or other destructive or deleterious programming routine;
likely to give rise to civil or criminal liability;
in violation of an applicable local, national or international law.

You shall not impersonate or misrepresent your association with any person or entity;
You shall not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
You shall not collect or harvest any information about other users;
You shall not provide, and you shall not use this site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
You shall not use this site to promote or operate any service or content without the site operator's prior written consent;
You shall not use this site or any services or facilities provided on this site or via this site to contact and communicate with site users or other persons for any illicit or illegal purpose;
You shall not provide any content that might give rise to the site operator being held civilly or criminally liable, or that might be considered a violation of any local, national or international law; this notably includes, but is not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.

Failure to comply with any of the clauses of this section of these 'Terms of use' will be considered to be just cause for immediate closure of your user account, and may render you liable to legal action. For more information about user account closure, please refer to the site's 'Privacy policy'.

INDEMNIFICATION

You agree to indemnify and hold harmless lachance.org, its owner, Lawrence J. Lachance, and its licensors (if any), and their respective directors, officers, employees and agents (if any) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

In no event shall lachance.org, The Lachance and Bussell Families Website or Larry Lachance, (Owner), be liable for any damages arising out of the use or inability to use the materials and information on this website, even if notified orally or in writing of the possibility of such damage.

APPLICABLE LAW

User access to and use of the Website is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws.

You agree that these 'Terms of Use' and any dispute arising out of your use of this site or products (if any) or services provided will be governed by and construed in accordance with local laws applicable at the site operator's domicile, presently the State of Florida in the United States, to the extent not preempted by or inconsistent with Federal Laws of the United States.

By registering for a user account on this site, or by using this site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site operator's domicile, and that any disputes will be heard by the said courts.

MISCELLANEOUS INFORMATION - not covered elsewhere in this agreement

In the event that any provision of these 'Terms of Use' is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these 'Terms of Use' will remain valid and applicable.

The failure of either party to assert any right under these 'Terms of Use' will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect.

You agree that any claim or cause in respect of this site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.

The Website owner may assign the Website operator's rights and obligations under these 'Terms of Use'; in this event, the Website owner or operator will be relieved of any further obligation.

The website contains copyrighted material and other proprietary information including, but not limited to, text, photos, and graphics. The entire contents of this site, including the title logo, are copyrighted as a collective work under the United States copyright laws and all rights are reserved. The information on this site is intended to be freely used by researchers for personal, non-commercial use that is not meant to generate income or money. All of the transcriptions and other research located on this site have been undertaken by myself, owner of the website (unless otherwise indicated).

CHANGES

The Lachance and Bussell Families | lachance.org owner(s) reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Lachance.org may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE 'SERVICE') IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU 'AS IS', WITH ALL FAULTS, AND THE WEBSITE OWNER/OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS; THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE OPERATOR NOR ANY PARTICIPANT IN A SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND. YOU UNDERSTAND AND AGREE THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE OPERATOR WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

You agree that the Website owner/operator reserves the right to modify or discontinue provision of this site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LACHANCE AND BUSSELL FAMILIES’ WEBSITE, OR WITH ANY OF THESE TERMS OF USE, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO DISCONTINUE USING THE LACHANCE AND BUSSELL FAMILIES WEB SITE.

ENTIRE AGREEMENT

These Terms, Conditions of Use and/or notices, including any legal notices and disclaimers contained on this website, constitute the entire agreement between you and LACHANCE.ORG and shall govern the use of Services, superseding any prior version of these Terms of Use and or notices between you and LACHANCE.ORG with respect to your use of this website.

QUESTIONS OR CONCERNS

Any questions or concerns about this Website 'Privacy Policy' or 'Terms of Use' should be brought to my attention by sending an email to larry[at]lachance.org and providing information relating to your concern.