TOS

Terms of Service
Updated: 3/25/2016

Thanks for using Clan Wallace Society. These terms of service (“Terms”) cover your use and access to the products, services, software, platform and websites (collectively, “Services”) provided by Clan Wallace Society Incorporated and any of our affiliates (collectively, “Clan Wallace Society, CWS”). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with Clan Wallace Society in order to use the Services. In no event is use of the Services permitted by those under the age of 13.

Clan Wallace Society is Not a geneaology website.

Clan Wallace Society provides a platform for information regarding the history of the Wallace family, including that of William Wallace. The information provided by Clan Wallace Society along with the content on our website related to such is provided for your private use. Clan Wallace Society does not and will not assit with tracing your geneaology, however, does provide information that will assit you to perform this search on your own.

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Auto-Renewals and Paid Accounts

Clan Wallace Society is a member based society comprised of three levels: annual, lifetime and council. Of these, the annual membership is the only that requires renewal whereas the lifetime and council are one time payments. You must have a valid payment instrument, such as a credit card or other permitted payment method, in order to start a membership. Please note that it is your responsibility to maintain current credit card information on file with Clan Wallace Society in order to ensure uninterrupted member service.

Unless you notify us before the renewal date of your annual paid membership that you wish to cancel, your paid subscription may possibly automatically renew for the subsequent period. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically cancel your or to suspend your paid membership until your designated payment method can be charged again. You can cancel an annual paid membership at any time.

IF YOUR ACCOUNT IS SET TO AUTO RENEWAL, Clan Wallace Society MAY AUTOMATICALLY CHARGE YOU FOR THE RENEWAL UNLESS YOU NOTIFY Clan Wallace Society THAT YOU WANT TO CANCEL MEMBERSHIP.

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Refund Policy

We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact us by email at webmaster@clanwallace.org immediately so that we can help you resolve the issue.

Although you can cancel your membership at any time, our refund policy does not offer refunds on payments we have collected prior to the cancellation date.

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Membership Cancellation

You are free to stop using our Services at any time. In addition, if you fail to provide a payment on time, Clan Wallace Society reserves the right to cancel your account without prior notice. Please note that cancelling does not affect your ability to access the free documents published on Clan Wallace Society’s website.

To cancel your membership online, please click here and follow the instructions.

Please note that if you choose to cancel your membership, Clan Wallace Society reserves the right to collect fees from you to cover fees charged to Clan Wallace Society or its agents on behalf of your account.

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Termination of Membership and Access Restriction

Clan Wallace Society reserves the right, in its sole discretion, to terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or if you are using the Services in a manner that would expose us to legal liability, disrupt the Services or disrupt others’ use of the Services.

If Clan Wallace Society elects to terminate your account, Clan Wallace Society will provide you with notice at your registered email address. Clan Wallace Society also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Clan Wallace Society will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership in the Services.

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Ownership and Preservation of Your Documents

Clan Wallace Society does not claim ownership of any documents you either create or upload and store using our Services (“Documents”). You grant permission for Clan Wallace Society to use your Documents in connection with providing Services to you.

You acknowledge and agree that Clan Wallace Society may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Clan Wallace Society, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Clan Wallace Society has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

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Consent to Receive Emails

By creating an account, you agree that you may receive communications from Clan Wallace Society, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

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Validity of Electronic Signatures

Clan Wallace Society enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Clan Wallace Society does not authenticate users’ signatures or identities.

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Acceptable Use of Communications Services

Our Services include a large number of what are collectively called “Communications Services.” These include services such as live chats, comment threads, blog posts, question and answer products, customer service communication forums, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.

Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.

Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when (i) you own or control the necessary rights, or (ii) you have received all necessary consents to do so.

Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.

Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Harvest or otherwise collect personally identifiable information about others, without their consent.

Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

Violate any applicable laws or regulations.

Although Clan Wallace Society has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Clan Wallace Society reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

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No Unlawful or Prohibited Use

You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Clan Wallace Society to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member’s use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Clan Wallace Society reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.

The following are specifically excluded or prohibited:

Use in connection with any legal matter that is frivolous, immaterial or illegal in nature, as determined by Clan Wallace Society or the Participating Attorney in their sole discretion;

Use in connection with any legal matter involving an alleged violent crime; or

Use in connection with any legal matter involving the laws of jurisdictions outside of the United States or its subdivisions;

Use in connection with any legal matter for which you are currently or prospectively represented by legal counsel.

Use in connection with any legal matter that, as determined by the Participating Attorney in his or her sole discretion, lacks sufficient merit to warrant pursuit, or that has been raised an excessive or unreasonable number of times without a change in circumstances;

Use in connection with any legal matter that directly or indirectly involves any Participating Attorney other than as your counsel;

Use in connection with any legal matter that directly or indirectly involves Clan Wallace Society or any of its affiliates, directors, agents, employees, or other Clan Wallace Society service providers;

Use in connection with any legal matter in which your Program Sponsor has an adverse interest, or in which any director, officer, agent or employee thereof has an adverse interest. For the purposes of this provision, “Program Sponsor” means any company, organization or affiliation that purchases or offers on behalf of its members or employees, a Clan Wallace Society legal plan through wholesale channels, retail channels or otherwise;

You may not hack, “scrape” or “crawl” clanwallace.org whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Clan Wallace Society has not intentionally made available to you on its website via purchased subscription. Your use of the Clan Wallace Society website does not entitle you to resell any Clan Wallace Society content without prior express written consent from Clan Wallace Society.

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License Grant

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Clan Wallace Society user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Clan Wallace Society. You may not copy the content of Clan Wallace Society’s forms or agreements for use or sale outside of Clan Wallace Society. Any rights not expressly granted in these Terms are reserved by Clan Wallace Society.

When you transmit user content on Clan Wallace Society, you hereby grant Clan Wallace Society and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Resale or unauthorized distribution of materials downloaded from the Clan Wallace Society website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Clan Wallace Society.

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Intellectual Property Rights

Clan Wallace Society retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (iii) circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © Clan Wallace Society Incorporated. All rights reserved.

Clan Wallace Society® is a registered trademarks in the U.S. Patent and Trademark Office. CWS ® is a trademark of Clan Wallace Society. These and any other Clan Wallace Society product or service names or slogans displayed on Clan Wallace Society products are trademarks of Clan Wallace Society Incorporated. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Clan Wallace Society is the service mark, trademark and/or trade dress of Clan Wallace Society Incorporated and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Clan Wallace Society’s trademarks displayed on our website. All goodwill generated from the use of Clan Wallace Society’s trademarks is reserved for the use of Clan Wallace Society, exclusively.

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Copyright and DMCA

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Clan Wallace Society’s Designated Copyright Agent:

Email: webmaster@clanwallace.org

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Links to Third Party Sites

Clan Wallace Society’s websites may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Clan Wallace Society does not sponsor and is not legally associated with any third party “linked sites.” Clan Wallace Society is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

Clan Wallace Society does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Clan Wallace Society is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) Clan Wallace Society will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) Clan Wallace Society does not warrant or support any service provided by the third party.

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Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights

The information, software, products, and services made available through Clan Wallace Society may include inaccuracies or typographical errors. Clan Wallace Society and/or its suppliers may at any time make improvements or changes to our Services. Information received via Clan Wallace Society should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, Clan Wallace Society AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Clan Wallace Society, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Clan Wallace Society HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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Indemnity and Release

You agree to release, indemnify and hold Clan Wallace Society, your Program Sponsor and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

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Controlling Law

These Terms will be governed by Texas law except for its conflicts of laws principles.

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Entire Agreement

These Terms constitute the entire agreement between you and Clan Wallace Society with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiartray rights.

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Waiver, Severability and Assignment

Clan Wallace Society’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Clan Wallace Society may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

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Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

If you have any questions or concerns, please visit our Help Page or Contact Us at any time.

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