TERMS AND CONDITIONS
Approved by FHGSM Board of Directors: October 18, 2026
1. DESCRIPTION OF OUR SERVICES; AGREEMENT TO TERMS OF USE
Welcome to the Family History & Genealogy Society of Marin County (referred to as the “Society”, “we”, “our” or “us”). Founded in 1978 as the Marin County Genealogy Society, the Society serves genealogists of all experience levels—from beginners exploring their family history for the first time to advanced researchers conducting in-depth studies. As a 501(c)(3) California nonprofit, we are committed to preserving historical records, encouraging ethical research practices, and fostering a collaborative community.
These terms of use (“Terms”) apply to https://fhgsm.org/ (“Site”) and to any features, content, and services made available through the Site (collectively, the “Services”). Please read these Terms carefully. Your use of our Services constitutes your acceptance of these Terms except in cases where express consent is required. We may modify these Terms from time to time in our sole discretion. In the event of any material changes to these Terms, we will post notice of such changes on the Site. Your continued use of the Services following any such modification constitutes your acceptance of the modified Terms.
2. INTELLECTUAL PROPERTY
The Services contain material, including, but not limited to software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us or various third parties (collectively referred to as the “Content”). The Content is protected under any and all applicable laws, including without limitation under trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content. You may not use the Content except with our express written consent.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of the Society. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks or Third-Party Trademarks, without our prior written permission specific for each such use.
3. YOUR USE OF THE SERVICES
You agree that you are responsible for your own conduct while using our Services and/or accessing our Content, and for any consequences thereof. You may not do or attempt to do any of the following with respect to the Services and Content, or any parts thereof (the “Code of Conduct”), unless specifically authorized to do so:
We reserve the right to discontinue providing our Services, Content, or any parts thereof, and to require that you cease accessing or using same at any time for any reason, including without limitation if you violate the Code of Conduct in any way.
You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
4. USER CONTENT
Our Services may allow you to upload, submit, post, or otherwise make available content, including without limitation family trees, genealogical data, historical documents, photographs, images, scanned records, stories, biographical information, messages, files, videos, artwork, drawings, recordings, voice communications, texts, experiences, and other materials (collectively, “User Content”). User Content may include information about living or deceased individuals, including family members and other persons. You retain ownership of your User Content, subject to the licenses granted in these Terms.
By submitting User Content, you grant to the Society a non-exclusive, worldwide, royalty-free, perpetual (subject to the removal provisions below), sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, translate, create derivative works from, publicly display, publicly perform, distribute, and technically process your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, solely for purposes of (a) operating, maintaining, and improving the Services; (b) making your User Content available to you and, where applicable, to other users of the Services; (c) preserving, archiving, and indexing genealogical and historical records for research and educational purposes consistent with the Society’s nonprofit mission; (d) promoting the Services and the Society’s programs; and (e) exercising the rights granted under this license. Modifications and derivative works may include format conversions, metadata tagging, indexing, and other technical processing necessary to make User Content accessible and searchable through the Services.
You understand and agree that you will not receive any compensation, fees, or other remuneration for your User Content or the Society’s use of your User Content under the license granted in these Terms. The Society is under no obligation to use, display, or distribute any User Content, and may remove, refuse, or disable access to any User Content at any time and for any reason in its sole discretion, including without limitation User Content that the Society believes violates these Terms, any applicable law, or the rights of any third party.
You represent and warrant that: (a) you own your User Content or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the licenses set forth in these Terms; (b) your User Content, and the Society’s use thereof as permitted by these Terms, does not and will not infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, moral right, right of privacy, right of publicity, or other intellectual property or proprietary right of any third party, or violate any applicable law, rule, or regulation; (c) your User Content does not contain any material that is defamatory, obscene, threatening, harassing, abusive, hateful, discriminatory, or otherwise unlawful or objectionable; and (d) your User Content is accurate and not misleading to the extent it purports to state facts. The Society does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Society expressly disclaims any liability in connection with User Content.
If your User Content includes information, images, or other content depicting or identifying any living individual other than yourself (“Third-Party Content”), you represent and warrant that you have obtained all necessary permissions, consents, or releases from such individuals (or, where applicable, from their parents or legal guardians) to submit, publish, and license such Third-Party Content as part of your User Content, and that your submission of such Third-Party Content does not violate any applicable privacy, publicity, or data protection laws. If you submit User Content concerning a deceased individual, you represent and warrant that you have a good-faith basis to believe that such submission does not violate any applicable laws or the rights of the deceased individual’s estate or heirs.
You may request removal of your User Content by contacting the Society at the address provided in Section 15. Upon receipt of a valid removal request, the Society will use commercially reasonable efforts to remove or disable access to the identified User Content from the active, publicly accessible portions of the Services within a reasonable period of time. Notwithstanding the foregoing, you acknowledge and agree that: (a) the license granted to the Society shall survive with respect to any User Content that has been archived, cached, copied, downloaded, shared, or distributed by the Society or by third parties prior to the effective date of removal; (b) the Society may retain copies of removed User Content as reasonably necessary for legal compliance, backup and disaster recovery, dispute resolution, or enforcement of these Terms; and (c) the Society is not responsible for User Content that has been copied, shared, or distributed by other users or third parties prior to removal. If you terminate your Account or cease using the Services, the licenses granted in this Section 4 shall remain in effect with respect to User Content previously submitted, subject to your right to request removal as described above.
5. MEMBERSHIP AND ACCOUNT CREATION
In order to utilize and have access to certain parts of the Services, you will be asked to create an account (“Account”) and sign-up for a membership (collectively, “Membership Services”). Membership Services allow access to educational programs, exclusive research materials, and opportunities to collaborate with other genealogists in Marin County and beyond. To do so, you will need to provide certain personal information such as your name, email address, physical address, payment information, account preferences and other relevant information. The Society’s privacy policy (the “Privacy Policy”), which is incorporated herein by reference and available at https://fhgsm.org/privacy-policy/, explains how such information may be collected and used. When you use our Membership Services, you accept these Terms and the specific terms applicable to those Membership Services. You are entirely responsible for maintaining the confidentiality of your password and Account and agree not to disclose any login or password for use of the Services to anyone other than authorized employees.
An Account and the Membership Services are available only to users who have completed the information required by the enrollment form, and paid the required Membership Services fee. As an Account holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the enrollment form. We reserve the right to revoke or prohibit your Account and Membership Services for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms or the Privacy Policy. All Membership Services fees are considered fully paid at the time of submission and are not refundable.
6. COMMUNICATIONS WITH US
We welcome questions, comments, and feedback. Please do not send passwords, financial information, Social Security numbers, or other highly sensitive personal information by ordinary email. Any feedback or suggestions you voluntarily provide may be used by the Society to improve its programs, website, and services, but you retain any rights you may have in original materials you submit.
7. NO WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT THE SERVICES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE SERVICES ARE FREE OF DEFECTS OR MALFUNCTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE OR FOR ANY DEFECTS, MALFUNCTIONS, OR FAILURE OF THE SERVICES, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SERVICES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS OR USE THE SERVICES, THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE SOCIETY TO ANY USER ARISING OUT OF OR RELATING TO THE SERVICES, THE CONTENT, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY SUCH USER TO THE SOCIETY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES.
8. INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SOCIETY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS, OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO: (A) YOUR BREACH OF THESE TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 4; (B) YOUR USER CONTENT, INCLUDING WITHOUT LIMITATION ANY CLAIM THAT YOUR USER CONTENT INFRINGES, MISAPPROPRIATES, OR VIOLATES ANY INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER RIGHTS OF ANY THIRD PARTY; (C) YOUR MISUSE OF THE SERVICES OR THE CONTENT; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO THE EXTENT THAT A CLAIM IS CAUSED BY THE SOCIETY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE SOCIETY MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH THE SOCIETY IN THE DEFENSE OF THE MATTER AND WILL NOT SETTLE ANY SUCH MATTER WITHOUT THE SOCIETY’S PRIOR WRITTEN CONSENT.
9. EXTERNAL SERVICES
The Site may contain links to third-party services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
10. COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11. SECURITY
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any email or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms or any applicable law.
12. TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation the Intellectual Property, User Content (including all licenses, representations, warranties, and disclaimers set forth therein), Indemnification, No Warranties, Limitation of Liability, and Miscellaneous sections.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement (meaning a DMCA takedown notice that meets the requirements of 17 U.S.C. § 512(c)(3)) which may be given under that Act is as follows:
Family History & Genealogy Society of Marin County
PO Box 1511
Novato, CA 94948-1511
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act. To file a notification with us, you will need to send a written communication that includes at least the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
14. MISCELLANEOUS
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE CONTENT, OR THE TERMS MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. NOTWITHSTANDING THE FOREGOING, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE CONTENT, OR THE TERMS BROUGHT BY THE SOCIETY AGAINST YOU MAY BE COMMENCED WITHIN THE APPLICABLE STATUTE OF LIMITATIONS. The Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. You also agree to the exclusive jurisdiction of, and venue in, the state courts located in Marin County, California, and the United States District Court for the Northern District of California, when applicable, and waive any objection to such exclusive jurisdiction or venue. If any provision of the Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Terms will remain in full force and effect.
Our failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in the Terms. No waiver shall be effective against us unless made in writing, and any such written waiver shall be limited to the specific provision and specific instance described in such writing and shall not constitute a waiver of any prior or subsequent default of the same or any other provision. Except as the Society modifies the Terms pursuant to Section 1 or as otherwise expressly agreed in a written agreement signed by both parties, the Terms, together with the Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. The Terms will inure to the benefit of each party’s successors, assigns, licensees, and sublicensees.
15. CONTACT INFORMATION
Please contact us via the contact page (https://fhgsm.org/contact-us/) on our Site or via mail or email at:
Family History & Genealogy Society of Marin County
PO Box 1511
Novato, CA 94948-1511
