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Conditions of Use : Zen Cart!, The Art of E-commerce

OGS Cart

Conditions of Use

Welcome to the Internet site (the "Site") of the Ontario Genealogical Society. Except where stated otherwise, wherever they are used on this Site, “Ontario Genealogical Society” and “OGS” and its officers, directors, employees, successors, assigns and members, which are collectively are referred to in these Terms and Conditions of Use as "we," "us," or "our".

What is my shopping cart and how does it work?
An Ontario Genealogical Society (OGS) shopping cart is created when you select a product to purchase from the e-store. Your shopping cart contains a personalized record of all products selected for purchase and will remain open until you either complete the e-store purchase or specifically empty it. Should you leave the OGS website with your shopping cart still open, you may return to it and continue your purchase the next time you visit the OGS website.

When you are interested in purchasing a product from the e-store, you need only click on the shopping cart icon or the words "Add to Cart". After you have created a shopping cart, you will be asked to confirm your order, select a shipping method and enter certain other registration information. Finally, you will be asked for your credit card information and a final order confirmation before your purchase is accepted. We will also confirm your order to your e-mail address once your credit card payment has been successfully processed.

Can I place an order offline - by fax or mail?
While we encourage you to use our online services, a printable order form can be mailed to The Ontario Genealogical Society, 40 Orchard View Blvd., Suite 102, Toronto, ON M4R 1B9 Canada or faxed to 416-489-9803.

Are your prices in Canadian or American dollars?
Prices for all orders are stated in Canadian Dollars. They will be converted to your credit card billing currency by the credit card bank processor.

Can I place an order if I am located outside Canada?
Definitely! We are pleased to ship orders anywhere in the world. Note that duties, customs and taxes vary by country, and compliance to local laws in this regard is the customer's responsibility.

Is it safe to use my credit card for an online order?
Yes. All credit card information is processed using a secure server using the Secure Socket Layer Protocol with 128 bit encryption. Please see Terms and Conditions.

Can I sign up for the Publications Update without buying anything?
Yes you can. You can login and create an account with us. Make sure that you check the box Subscribe to Publications Update.

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your agreement to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions of Use at any time. Please check these Terms and Conditions of Use periodically for changes. Your continued use of this Site following the posting of changes to these Terms and Conditions of Use constitutes your acceptance of those changes.

Trade-marks and Copyrights
All of the names, titles, logos, and designs on this Site identifying us, including any derivative and related names, domain names, titles, logos and designs, are trade-marks and the sole and exclusive property of OGS. All other names, domain names, titles, logos and designs appearing on this Site are the property of their respective owners, including without limitation our members.

This Site contains copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Material") and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material, and reserve all rights in the Material.

No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial use only, provided that: (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with us or any of our members, and (iv) you agree that you do not acquire any ownership or other use rights by downloading any Material. The use of any Material on any other web site is strictly prohibited.

Linked Web Sites
As a service to visitors to this Site, we may include links to other web sites over which we have no control. WE MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE OTHER WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH OTHER WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. We reserve the right to disable any links to and from this Site without notice.

ORDERS
All orders and purchases made through this website are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice, at our discretion.

Please make sure you have read our Terms of Conditions related to the use of this Website.

This website is owned and operated by the Ontario Genealogical Society (OGS). All orders and purchases made through the facilities of this website shall be subject to these Online Shopping Terms and Conditions.

These Online Shopping Terms and Conditions, the use of this website and any order or purchase made through the facilities of this website shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted. You agree to pay for all charges noted herein as payable by you.

OGS may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.

All prices listed on this website are subject to confirmation. OGS will notify you by Email within 2 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. If you do not receive an Email within 2 business days of completing a purchase order, OGS is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by Email with confirmation of your intention to purchase the item at the confirmed price.

OGS reserves the right to limit the quantities of certain items which you, your family or any group can purchase. OGS will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, OGS will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, OGS will notify you as soon as possible.

Fraud Prevention
In order to protect you and OGS from fraudulent transactions, OGS may provide your transaction-related information to a reputable third party organization to perform address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. OGS also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that OGS chooses not to ship an item, you will be notified by Email and any amount charged to your credit card will be refunded.

Lawful Use:
The Visitor shall use the OGS Website for lawful purposes only. The Visitor shall not post or transmit through any OGS Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless OGS has expressly approved such material in advance of its transmission. Any conduct by the Visitor that in OGS's discretion restricts or inhibits any other Visitor from using or enjoying any OGS Website is expressly prohibited.

Downloading of Intellectual Property:
The OGS Web sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, portions of which are owned by OGS and portions of which are owned by other parties and licensed to OGS. The entire contents of The OGS Web sites are copyrighted as a collective work/compilation. OGS owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.

The Visitor may download one (1) single copy of the copyrighted material for Visitor's personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of OGS (or the copyright owner(s) if other than or in addition to OGS). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. The Visitor acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

Uploading of Intellectual Property:
The Visitor shall not upload, post or otherwise make available on any OGS Website any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with the Visitor. The Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of any OGS Website, the Visitor automatically grants, or warrants that the owner of such material has expressly granted OGS the royalty-free, perpetual, irrevocable , non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate the material in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants OGS the rights to edit, copy, publish and distribute any material made available on any OGS Website by the Visitor.

Postings:
No Responsibility or Liability:
To the extent that portions of The OGS Web sites (such as "chat rooms" or "bulletin boards") provide the Visitor an opportunity to post and exchange information, ideas and opinions ("Postings"), be advised that OGS does not screen, edit or review posting prior to their appearance on any OGS Website, and Postings do not necessarily reflect the views of OGS. To the fullest extent permitted by applicable laws, OGS shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on any OGS Website.

Monitoring:
OGS reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

Warrant that You Have All Necessary Rights:
The Visitor hereby represent and warrant that the Visitor has all necessary rights in and to all Postings the Visitor provides and all material they contain; that the Visitor's Postings shall not infringe any proprietary or other rights of third parties; that the Visitor's Postings shall not contain any viruses or other contaminating or destructive devices or features; that the Visitor's Postings shall not contain any defamatory, indecent, offensive, or otherwise unlawful material or content; and that the Visitor's Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

Authorize Others to Use:
The Visitor hereby authorizes OGS to use and/or authorize others to use all or part of the Visitor's Postings in any manner, format, or medium that OGS or such other parties see fit. The Visitor shall have no claim or other recourse against OGS or infringement of any proprietary right in Postings.

Submissions:
OGS always welcomes suggestions and comments regarding any OGS Web sites Any comments or suggestions submitted to OGS Web sites or OGS, either online or offline, will become OGS's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by OGS might seem to others to be similar to their own submissions or comments.

DISCLAIMERS AND LIMITATION OF LIABILITY:

Use Is At Visitor's Risk:
The Visitor expressly agrees that use of the OGS Web sites is at the Visitor's own risk. The Visitor shall be responsible for protecting the confidentiality of the Visitor's passwords(s), if any. Neither OGS, its affiliates, nor any of their respective employees, agents, third-party content providers or licensors, warrant that The OGS Web sites will be uninterrupted or error free; Nor do they make any warranty as to the results that may be obtained from use of any OGS Website, or as to the accuracy, reliability or content of any information, service or merchandise provided through any OGS Website. Price information is subject to change without notice. It is the Visitor's responsibility to evaluate the accuracy and completeness of all information, opinions and other material on The OGS Web sites or any sites with which it is linked.

OGS provides technology automatically producing search results that link and/or reference sites and information located worldwide through the Internet. Because OGS has no control over such sites and information, OGS makes no guarantee as to such sites and information including the accuracy, currency, content or quality of any such sites and information, and OGS assumes no responsibility as to whether the search locates unintended or objectionable content. Furthermore, because some content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of the Visitor's search on any OGS Website may automatically and unintentionally generate links or references to objectionable material. OGS makes no claim that such surprises might not occur.

Disclaimer of Liability:
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The Visitor specifically acknowledges that OGS or its licensors are not liable for the defamatory, offensive or illegal conduct of other Visitors or third parties and that the risk of injury from the foregoing rests entirely with the Visitor.

Visitor's Waiver of Damages:
In no event will OGS, or any person or entity involved in creating, producing or distributing any part of The OGS Web sites be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use any part of the OGS Web sites The Visitor hereby acknowledges that the provision of this section shall apply to all content on all OGS Web sites

In addition to the terms set forth above, neither OGS, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, untimeliness or authenticity of the information contained within any OGS Website, or for any delay or interruption in the transmission thereof to the Visitor, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

Indemnification:
The Visitor agrees to defend, indemnify and hold harmless OGS, its affiliates and their respective directors, licensors, employees or agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of the Visitor's use of any OGS Website.

Email Newsletters:
Please be advised that OGS's Email newsletters ("Newsletters") are part of a wide distribution, and that neither OGS nor any third party involved is monitoring, reviewing or screening the recipient Email list prior to its distribution. The Newsletters are distributed only to those who have expressly opted-in to receive them. If local, provincial or federal rules or regulations prohibit the recipient from receiving these types of Newsletters or the recipient simply does not wish to receive the Newsletter in the future or the Newsletter was sent to recipient in error, the recipient should immediately opt-out from receiving similar future offers and/or Newsletters by contacting OGS and updating his or her subscription. The recipient can always opt back in to receive future offers and/or Newsletters at any time through The OGS Web sites

Equipment for Visitor's Use:
The Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed to visit and use The OGS Web sites and for any/all charges related thereto.

OGS Web sites Content:
Third parties supply certain content portions of the OGS Web sites Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of OGS. Neither OGS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. OGS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any OGS Website by anyone other than employee spokespersons of OGS while acting in their official capacities.

Governing Law and Jurisdiction
This Site is controlled by us from our office in the Province of Ontario, Canada. We make no representation that materials on this Site are appropriate or available for use in any particular location outside Canada. Those who choose to visit and use this Site do so on their own initiative, and are solely responsible for compliance with local laws.

Our Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. Each of these jurisdictions has laws that may differ from those of the Province of Ontario. By accessing our Site, you agree that all matters relating to access to, or use of, the Site, or any other hyper linked web site, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

These Terms and Conditions of Use are also governed by and construed in accordance with the laws of the Province of Ontario, without regard or giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions of Use shall be filed only in the provincial or federal courts located in Ottawa, Ontario, and you hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms and Conditions of Use is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Copyright Act Compliance: Copyright Act

Notice of Copyright Infringement:

To be effective, the Notice of copyright infringement must include the following:

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single OGS Website are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OGS to locate the material;
  • Information reasonably sufficient to permit OGS to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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