MyRelatives

Terms of Use

Last updated October 1, 2014

ACCEPTANCE OF TERMS OF USE

This Terms of Use (“Terms”) is an agreement between you and MyRelatives, the owner and operator of www.myrelatives.com (“MyRelatives”, “the company”, “we”, “us” or “our”). It sets forth legally binding terms for your use of the MyRelatives site, any all successor sites, as well as any and all interactive properties including, but not limited to mobile websites or applications (all sites and interactive properties shall be collectively known as “MyRelatives Applications”). These terms govern your use of all MyRelatives Applications, however you choose to access them, including but not limited to mobile devices, personal computer, tablets or any other device.

By using this site and/or registering an account, you agree that you have read, understood and consented to these Terms, and that you will be bound by our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, then your sole recourse is to discontinue all use of MyRelatives Applications.

ELECTRONIC COMMUNICATIONS

By accessing MyRelatives Applications, you agree that these Terms, which are provided electronically, along with all notices, agreements, disclosures and other types of communication that we provide to you electronically, will and do satisfy all legal requirements that such communications be made available in writing. By signing up for any of our services, contacting us regarding a particular activity, providing contact information (including but not limited to an email or phone number), you acknowledge and agree that you are initiating a purchase or inquiry, thereby establishing a business relationship with the company. By doing so you expressly consent to allow us to communicate with you (using the information you provided) about our services. As such, we reserve the right to contact you in one or more ways, including but not limited to a telephone call (in person or via recorded message), email, text (SMS), or any other applicable method of communication.

USING MYRELATIVES APPLICATIONS

The services provided by MyRelatives are intended for informational purposes and personal reference only. Though we have taken great care to provide the most reliable information possible, we do not claim or warrant that every record in our database is 100% accurate. As such, MyRelatives will not be responsible or liable for the accuracy, usefulness or availability (or lack thereof) of any information that has been transmitted or made available via the MyRelatives Applications. We reserve the right to delete any records or information from our database at any time, and at our sole discretion.

Restrictions on your use of MyRelatives Applications

The MyRelatives Applications come with a limited guarantee. Please use caution when interpreting your results. Some of the information we provide may be based on assumptions from data that we have compiled which includes names, addresses, ages and census dates.

MyRelatives is exclusively for personal use

The services and content provided by MyRelatives Applications are for your personal and non-commercial use in accordance with our Terms and Privacy Policy. The content we provide on this site may be downloaded to mobile devices, but that content remains subject to all of the Terms listed herein. Unless you are given written permission by us, you agree that you will not:

  1. Change, modify or alter any part of the MyRelatives Applications except for anything that is reasonably necessary in order to use these applications for their intended purpose(s).
  2. Copy, distribute or display any content or part of the MyRelatives Applications in any medium.

You also agree that you will not use any type of automated device, including but not limited to robots, spiders or any data mining technique, for the purpose of downloading, copying, storing or distributing MyRelatives content, or to copy or manipulate MyRelatives Applications or services. The MyRelatives Applications and/or services may not be used in any way that might disable, damage, impair or burden our servers or any networks that are connected to any MyRelatives servers. You agree that you will not attempt to interfere with any other party’s use of and/or enjoyment of any and all MyRelatives Applications or services. You may not attempt to gain unauthorized access to MyRelatives Applications or services, any systems or networks connected to MyRelatives servers, any accounts connected to MyRelatives or any other proprietary systems via counterfeit software, hacking, password mining or any other means. You may not obtain or attempt to obtain any type of information or materials that belong to MyRelatives and any third party service providers that were not intentionally made available via our applications or servers. You may not reverse engineer, disassemble or decompile software that was accessed via MyRelatives Applications or services, including but not limited to any and all proprietary communications protocol that is used by the company. You may not use data that you obtain via MyRelatives Applications in order to transmit advertisements or any type of promotional materials. You may not use this site to harass, threaten, embarrass or invade the privacy of any individual or entity. You may not us MyRelatives Applications to violate any currently existing or future laws, regulations or rules.

In addition to the above, you further agree that you will abide by the following rules that govern your use of MyRelatives Applications:

  1. You will use our services exclusively for legal purposes and will remain in compliance with all local, state and federal laws/regulations
  2. You will not attempt to use our services to harass, threaten, harm or otherwise interfere with any individual
  3. If necessary, you will obtain any and all required permits, licenses, certificates or other types of authorizations that are required by local, state or federal laws, regulations or statutes governing your use of our MyRelatives Applications and services
  4. You will not reuse, sell or distribute any information that you obtain from the company unless you are expressly permitted to do so in writing
  5. You will take all reasonable steps to ensure that any and all information you receive from the company is stored securely

Your obligation for registering with MyRelatives

Regarding your usage of MyRelatives Applications, you represent that you are of legal age required to form a legally binding contract with us, and that you have not been forbidden from using our services under any United States law or other applicable jurisdiction. You further agree to provide accurate, current, true and complete information about yourself when prompted to do so by MyRelatives Applications. The company reserves the right, in its sole discretion, to deny access to MyRelatives Applications for any reason without advance notification.

Securing your username and password

When creating an account with MyRelatives, you will be asked to provide a username and password. You agree that you hold sole responsibility for maintaining the confidentiality of this information, and that you will not enter the name of any other person for the purpose of impersonating them. You also agree that you are entirely responsible for all activities that may occur within the account you create, and that you will not share your password with any other individual. Should you notice any unauthorized use or theft of your account, or similar security breaches, you agree that you will notify MyRelatives immediately and provide any relevant documentation requested by the company. MyRelatives will not be held liable for any loss incurred as a result of any person accessing and using your account, whether it is done with or without your knowledge and consent. You, however, agree to be held exclusively liable for losses incurred by the company due to any entity gaining access to your account or password.

OUR SERVICES

Searches and Memberships

The MyRelatives Applications enable you to search for individuals using a name and other data, including a city, state, birth year and census year. Upon completion of a search, you may choose to start a Membership with the company. We offer various Membership packages that offer unlimited searches and use of our services for the agreed upon term. The MyRelatives Applications provide members with information that includes, but is not limited to:

  1. Birth results
  2. Death results
  3. Marriage results
  4. Divorce results
  5. Census results
  6. Obituary results
  7. Internment results
  8. Property results
  9. Living people records (addresses, phone numbers, etc)

Fees

When you subscribe to one of our Membership terms, you will be billed using the credit/debit card you provide during the registration process. This fee entitles you to unlimited searches and use of our services so long as your Membership remains current. Memberships are available in 1-month, 3-month and annual increments. All subscriptions automatically renew using the same term length you initially selected. Unless you cancel your Membership, it shall remain active and you will be billed using the credit/debit card you provided during registration or subsequently updated. You agree and acknowledge that a 1-month period is designated as 30 days. By creating an account, you agree to pay all applicable fees at the prices that are currently in effect, along with any applicable taxes. You also authorize the company to charge the payment method you provided (in most cases a credit or debit card) for the Membership service. You agree to the payment using your preferred method of payment. Any and all payment terms will be made based on your payment method, and may be determined by agreements between you and the credit card issuer, financial institution or other payment provider of your choosing. If MyRelatives does not receive payment, you agree that you will pay all amounts owed to us on upon our demand. In the event that we do not receive payment due to insufficient funds or credit, we reserve the right to re-present all rejected payments to your chosen payment method provider. We reserve the right to correct any mistakes or errors made by the company, even if payment has already been received or requested. The company also reserves the right to update your information when it is made available by third parties.

Membership Cancelations

You may cancel your Membership at any time to avoid subsequent fees. To do so, login to your account click the “My Account” links and change your Membership settings. For assistance in cancelling your account, you may use our customer care form found at https://www.myrelatives.com/contact-us.aspx. Please note that all charges are NON-REFUNDABLE regardless of the time remaining on your Membership upon cancellation. You will still have access to your account and until the term of your Membership expires. After your Membership has expired, you will no longer have access to MyRelatives Applications and services. If you do not notify the company of your wish to cancel, then your Membership shall remain active. Membership prices may be subject to change. In such an instance, the company will provide reasonable notice (at our sole discretion) prior to the price change. This will be done via electronic communication. All prices are in U.S. dollars, and they not include your internet service, phone or other such charges.

Introduction/Promotional Offers

Our Membership offers may include an introductory trial. If you initiate a Membership with a trial, you acknowledge and agree that unless you cancel your Membership prior to the expiration of this trial, then you will be responsible for all applicable subscription fees for the Membership term you selected. These fees will be charged, using the payment method you selected, the day after the trial has completed. To be eligible for a refund for any charges that occurred after you cancelled, you must provide proof that the cancellation was done within the trial period. You acknowledge and agree that you are only eligible for one (1) introductory trial offer. Should you choose to cancel a Membership, and then re-activate at a later date, then you will not be offered the trial and will be billed at the then-effective monthly fee. Multiple trials are not allowed. If an additional trial is somehow accessed, then you agree that you shall be responsible for payment of one (1) regular monthly fee for each and every additional trial used if you cancel your subscription before the trial period expires.

Maintaining Current Information

After starting a Membership with the company, you are required to maintain current and accurate contact and payment information. You must notify MyRelatives if your payment method changes or if you are made aware of a security breach, such as the unauthorized disclosure of your password and/or username. You are likewise responsible for updating your contact information (including but not limited to email and address) in the event that it changes. To update your information, login to your account and click on the My Account link. You may also contact customer care for assistance using the form at https://www.myrelatives.com/contact-us.aspx. If your information changes and you fail to provide updates in a timely manner (as decided by the company at our sole discretion), you acknowledge and agree that MyRelatives shall continue to charge you for Memberships or other services using the billing information you provided, unless you have proof that you cancelled your Membership. Should any attorney our court fees be incurred by the company in pursuit of such matters, all applicable fees shall be paid by you.

Changes to our services

The company reserves the right to change or modify our services, using our sole discretion. Should you be dissatisfied with any such changes, your sole right is to discontinue your use of any and all MyRelatives Applications and services.

Data Accuracy

While we make every attempt to provide accurate data, we make no express or implied representations that the data found on this site is valid. Our data originates from census and other public records, and we cannot guarantee that the information contained within these records is 100% accurate. Additionally, searches may be conducted using various types of criteria, and we cannot control the accuracy of any search conducted, or validate the conclusions made by any person conducting a search. You agree that you will use all MyRelatives Applications and services in accordance with all applicable laws and regulations. You further agree that you will not share any information that you obtain from MyRelatives Applications and services with any third party.

Third Party Services

At times, MyRelatives may provide links to other websites or service providers. You acknowledge and agree that we have no control over these sites and/or resources, and as such we are not responsible for their availability, reliability of the content, services, advertising or other materials they provide. MyRelatives is not liable or responsible, directly or indirectly, for any loss or damages incurred or alleged to be incurred by, from or in connection with the use of, reliance on or visitation to any content, services, goods or other materials made available through any third party service provider

PROPRIETARY RIGHTS

All published materials, services, logos and other content that is available through the MyRelatives Applications, including but not limited to graphics, text, photos, videos, images, animation, messages, ratings, “applets” that are incorporated into our software data sounds, and all other materials (together known as “Content”) are owned exclusively by MyRelatives and protected under laws that govern trademarks, patents, copyrights, trade secrets and all other proprietary rights. MyRelatives holds a copyright in the enhancement, arrangement, coordination and selection of any and all such Content, as well as a copyright for all MyRelatives Applications. Any trademark, trade name, service mark trade address (together known as “Marks”) that appear on MyRelatives Applications are proprietary to the company. You acknowledge and agree that you will not publish, copy, distribute, transmit, sell, perform, reproduce, create derivatives of or exploit any Content or Marks, MyRelatives Applications and services in part or in whole unless you have been given prior written permission from the company. You further acknowledge and agree that you do not have any ownership rights to any Content you download from MyRelatives Applications. You may not frame or use any type of framing technique for the purpose of enclosing any logo, trademark or other type of proprietary information (including but not limited to text, images, page layout or form) from MyRelatives without prior written permission from the company. You may not use any of the Meta tags or any other type of “hidden text” that utilizes MyRelatives’ name or Marks without prior written permission from the company. All titles, rights and interest in and to MyRelatives Applications and services are, and shall always exclusively remain the property of MyRelatives and its licensors. Additionally, any type of feedback, concepts, ideas, comment or suggestions (together known as “Feedback”) that you provide in regards to our MyRelatives Applications or services is entirely voluntary on your part. We are free to use any such Feedback for any purpose whatsoever, and in any form of media, throughout the world and in perpetuity. You are not entitled to any form of compensation for providing Feedback, and we may use it without any obligation to you.

No licenses granted

Excluding any permissions granted in the paragraph seen above, your use of the MyRelatives Applications does not grant you a license or any other type of right from the company, including intellectual property or any other proprietary rights of MyRelatives. You acknowledge and agree that you have no rights to the MyRelatives Applications or service, or to any other Content, Marks or property owned by the company except for those that had been indicated in this Terms of Use.

LEGAL NOTICES

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE MYRELATIVES APPLICATIONS AND SERVICES (INCLUDING BUT NOT LIMITED TO DOWNLOADS, ANY LOSS OF DATA OR OTHER FORM OF DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE AS A RESULT OF USING MYRELATIVES APPLICATIONS AND SERVICES) IS DONE AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ALL MYRELATIVES APPLICATIONS AND SERVICES ARE PROVIDED EXCLUSIVELY ON AN “AS IS”, “WHERE AVAILABLE” AND “WHERE IS” BASIS, AND THEY ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT ANY NOTICE TO YOU. YOU ACKNOWLEDGE AND AGREE THAT MYRELATIVES DOES NOT MAKE ANY GUARANTEE OR WARRANTY THAT THE MYRELATIVES APPLICATIONS AND SERVICES WILL BE UNITERRUPTED, SECURE, TIMELY OR ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT MYRELATIVES DOES NOT MAKE ANY GUARANTEE OR WARRANTY THAT THE MYRELATIVES APPLICATIONS AND SERVICES WILL PROVIDE RESULTS THAT MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL OR OTHERWISE, CAN MODIFY THE TERMS OF THE DISCLOSURE SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY RESULTS, CONTENT OR OTHER ASPECTS OF THE MYRELATIVES APPLICATIONS AND SERVICES, YOUR SOLE AND EXLUSIVE REMEDY IS DISCONTINUE ALL USAGE OF THE MYRELATIVES APPLICATIONS AND SERVICES AND TO CANCEL ANY AND ALL SERVICES THAT ARE SUBJECT TO THE CANCELLATIONS POLICIES WHICH HAVE BEEN SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, MYRELATIVES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE MYRELATIVES APPLICATIONS AND SERVICES.

ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES THAT ARE AVAILABLE ON THE MYRELATIVES APPLICATIONS, OR VIA A THIRD PARTY WEBSITE TO WHICH THE MYRELATIVES APPLICATIONS ARE LINKED, ARE ALSO PROVIDED TO YOU ON AN “AS IS” BASIS, AND MADE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. MYRELATIVES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICES ACCESSED FROM THE MYRELATIVES APPLICATIONS OR ANY LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCES WILL MYRELATIVES BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY YOUR RELIANCE ON INFORMATION THAT IS OBTAINED VIA THE MYRELATIVES APPLICATIONS OR ANY LINKED THIRD PARTY WEBSITE, OR YOUR RELIANCE ON A PROUDCT THAT IS OBTAINED VIA THE MYRELATIVES APPLICATIONS OR ANY LINKED THIRD PARTY WEBSITE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYRELATIVES OR ITS AFFILIATES AND PARTNERS BE LIABLE TO YOU (OR TO ANY THIRD PARTY THAT IS MAKING CLAIMS ON YOUR BEHALF) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE MYRELATIVES APPLICATIONS OR SERVICES, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES THAT ARE AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX MONTHS PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $50. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

No liability for accumulated Content

When you use the MyRelatives Application, you may accumulate Content in your account that resides as data within our servers. This data, along with any other data that resides on our servers, may be deleted, partially or in whole, moved, altered or transferred at any time and for any reason at the Company’s sole discretion with or without notice and with no liability of any kind. MYRELATIVES DOES NOT GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE (CASH OR OTHERWISE) ATTRIBUTED TO DATA THAT RESIDES ON THE COMPANY’S SERVERS.

Indemnity/Release

You acknowledge and agree that you are personally and exclusively responsible for your own behavior while using the MyRelatives Applications or any of our services, and you further agree to indemnify and hold MyRelatives, along with its subsidiaries, partners, distributors, representatives, employees, agents and authorized users, along with the respective officers, employees, distributors, and agents (together, the “Indemnified Parties”), harmless from and against any damage, cost, liability and expense of any kind (including but not limited to attorney fees) that the Indemnified Parties may incur in connection with a claim that arises out of or in relation to your use of the MyRelatives Application or services or your violation of either these Terms, applicable law or the rights of any third party. If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

GENERAL

Term/termination

This Agreement shall remain in full effect and force while you use the MyRelatives Applications or any of our services. The company holds the right to suspend or terminate access to your account and the MyRelatives Applications and services, in part or in whole, at any time, immediately and without any prior notice. All terms that by their nature may survive the termination of this Agreement shall be deemed to survive such termination.

Age Requirements

By accessing the MyRelatives Applications, you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the MyRelatives Applications and services in accordance with these Terms. If we have reason to believe you are not 18 years of age or older, then we may terminate your access to the MyRelatives Applications and services without prior notification.

Electronic communications

By accessing the MyRelatives Applications or services, you therefore consent to having this agreement be provided to you in electronic form and to receive electronic communications from the company. We may communicate with you via postal mail, email, contracts, phone, or by posting notices on the site. You acknowledge and agree that all such notices, disclosures and other communications that the company provides electronically do and will satisfy any legal requirements that such communications be made available in writing.

Access to MyRelatives services

The company reserves the right to perform regular, planned or unplanned maintenance to our site and services for the purpose of technology improvements, bug fixes or other such updates. You may or may not be notified of these changes in advance. We reserve the right to modify, change, suspend, abandon or discontinue the MyRelatives Applications or any of the services we provide at any time and for any reason, without providing any prior notification to you. We will not be liable to you or to any third party as a result of such modifications, changes, suspensions, abandonments or discontinuations.

Availability outside the United States

The MyRelatives Applications are held within, and controlled from facilities that are located exclusively in the United States. We make no representations that our MyRelatives Applications or services are available or appropriate for use in any other location. Individuals who access or use MyRelatives Applications and/or services from other jurisdiction do so at their own volition and are responsible for compliance with any and all local laws.

No third party beneficiaries

You acknowledge and agree that (except as otherwise expressly provided in this Agreement) there shall be no third party beneficiaries to this Agreement.

Updates to these Terms

We reserve the right to update these Terms at any time by posting our most current version and updating the Last Updated date shown at the top of this page. All changes to the Terms will be effective and enforceable as of that date. Your continued use of any and all MyRelatives Applications after we post changes to the Terms thereby signifies your agreement to all such changes. If you do not agree with the new Terms, or are unwilling to abide by them, then your sole recourse is to discontinue your use of all MyRelatives Applications and services. Please note that special Terms may apply to some of the services offered by the company, such as rules for specific promotions, applications or other features. Any such terms or rules shall be enforceable in addition to the Terms stated here. In the event of any conflict or inconsistency found between these Terms, our Privacy Policy, and any rules, limitations, restrictions, terms or conditions that may be posted elsewhere within the MyRelatives Applications, or otherwise communicated to our users, then the company, in its sole discretion, shall determine which rules, limitations, restrictions, terms or conditions shall prevail. You waive any and all rights to challenge or dispute such determinations.

DISPUTE OF RESOLUTIONS

Governing laws

These Terms are governed and construed in accordance with the laws of the State of California without application of conflict of laws rules.

Resolution of disputes

In the event that a dispute arises between you and the company, then we shall endeavor to provide you with an efficient, neutral and cost-effective means of resolving said dispute. Most concerns can be quickly and easily resolved by our customer service department, which can be reached at 855-639-0031, or by email using the form provided here: https://www.myrelatives.com/contact-us.aspx. If an issue cannot be resolved in this manner, then the following set of Terms describes how both parties shall proceed.

Limitation of legal remedies

INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and MyRelatives both agree that any dispute, claim or controversy that arises out of or relates to any aspect of our relationship, the Content available via MyRelatives Applications, claims that arise following the termination of a Membership, claims connected to the company’s promotional efforts (including but not limited to complaints about unsolicited contact) that cannot be settled between you and the company shall be resolved by one arbitrator and through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

Class Action waiver

You and MyRelatives agree that each of us hereby waives the right to a trial by jury and that we may bring charges against each other only in an individual capacity, and not in a class action or a representative proceeding. All arbitrations that occur under these Terms shall be conducted on an individual (not class-wide) basis. Any arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, or joining in any arbitration proceedings brought by any other person (“class action waiver”).

Arbitration procedures

A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All such notices shall be sent to the following address: MyRelatives, 1915 21st Street, Sacramento, CA 95811. All notices to Members will be sent to the email that was provided by the member during the registration process (or subsequently updated). Upon receipt of such notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of both parties. After the expiration of such sixty-day cure period, you or MyRelatives may then commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State of California, and for any non-frivolous claim that does not exceed $10,000 MyRelatives will:

  1. Pay all costs of the arbitration
  2. Conduct the arbitration by telephone at your request
  3. Not seek attorney’s fees in the event MyRelatives prevails. Each party shall pay the fees and costs of its own counsel, experts, witnesses and other such costs.

Choice of Law

This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

Exception

Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of this agreement and the closing of your account or Membership.

Severability

If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate shall not apply.

MISCELLANEOUS

The Terms and policies that have been incorporated herein (together, “Policies”), are the entire agreement between you and MyRelatives. These Terms supersede any and all prior or contemporaneous agreements that were made between you and the company relating to your viewing and use of the MyRelatives Applications and services. MyRelatives may assign these Terms, in part or in whole, at any time. If any part of these Terms, other than a class action waiver as was set forth above, is determined to be unenforceable or invalid, then that will not impact any of the other provisions that have been set forth in these Terms, all of which shall remain in full force and effect at all times. You agree to indemnify the company against all liabilities, claims and expenses that might arise due to any breach in this Agreement. We have provided Headings within these terms for you convenience and reference only. These Headings shall not affect the construction or interpretation of these Terms. Any failure of the company to fully or partially exercise any rights, or the waiver of MyRelatives of any breach of these Terms by you, shall not prevent a subsequent breach by you of the same or any other terms within these Terms. The rights and remedies of the company within these Terms, its policies and all other applicable agreements between you and us shall be cumulative. The exercise of any such right or remedy will not limit MyRelatives’ right to exercise any other right or remedy.

CONTACT US

If you have questions about these Terms, then please send us an email using the form found at https://www.myrelatives.com/contactus.aspx


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