Incline Software
Terms & Conditions
Legal Information & Notices
Welcome to the Ancestral Quest website, ancquest.com. The ancquest.com website (the “Site”) comprises various web pages operated by Incline Software, LC (“Incline Software”). Please read these Terms & Conditions (the “Terms”) carefully as you agree to be bound by them while using the Ancestral Quest website.
Website usage
Purpose
This Website is an E-Commerce Site. It exists to promote, sell, and support our family histry/genealogy softare products, Ancestral Quest and Ancestral Quest Basics. Both prodicts are availabe for Windows and for MacOS computers.
Trademarks
Ancestral Quest™, TreeTips™, InfoBox™, InfoCenter™, NetFam™, and Incline Software™ are trademarks of Incline Software, LC. FamilySearch and the FamilySearch Logo are trademarks of Intellectual Reserve and are registered in the United States of America and other countries. Apple, the Apple logo, Macbook Pro, and iMac are trademarks of Apple Inc., registered in the U.S. and other countries. Microsoft, Windows, and the Windows logo are registered trademarks of Microsoft Corporation. There may well be other trademarks or registered trademarks of respective owners used within this site.
Privacy
Please review our Privacy Policy as it governs the privacy practices undertaken by Incline Software.
Website Availability
We will do our utmost to maintain the availability of the site at all times. However, due to the nature of the Internet we cannot guarantee the availability of the site at all times. Maintenance and repairs will be undertaken to improve the website which may disrupt our service from time to time.
Copyright
All material including text, graphics and source code are the copyright of Incline Software or its partners. Any unauthorized use of the materials on this site is strictly prohibited.
Product Pricing and Availability
All prices shown on the website is in United States Dollars (US$). Depending on your country of purchase, pricing will be adjusted according to the exchange rate in place at the time of purchase. If your billing address is within the state of Utah, appropriate local taxes will also apply.
Ancestral Quest products for macOS and Windows and other products are available to purchase directly from this website.
For information on licensing for libraries and other publicly accessed computers, please contact us.
Electronic Software Downloads
Downloadable products are provided under the terms of the license agreement applicable to the product.
Downloadable products remain available to download from our website indefinitely.
Should you wish to cancel an order, or receive a refund for an order placed within the past 30 days, please contact ancquest@ancquest.com. Please note that if you have been refunded for a downloadable product, the Registration Key that was issued for that purchase must be permanently destroyed and removed from any copies of the product and cannot be entered, again.
Please refer to our Returns Policy as it contains the complete returns procedures and conditions practiced by Incline Software.
Links to Third Party Sites/Third Party Services
This Site may contain links to other websites (Linked Sites). The Linked SItes are not under the control of Incline SOftware and Incline Software is not responsible for the contents of any linked site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Incline SOftware is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Incline Software of the Liniked Site or any association with its owners/operators.
Certain services made available by the Site are delieverd by third party sites and ordanizations. By using any product, service, or functionality originating from the ancquest.com domain, you hereby acknowledge and consent that Incline Software may share such information and data with any third party with whom Incline Software has a contractural relationship to provide the requested product, service, or functionality on behalf of ancquest.com users and customers.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forum, communities, personal webpages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services). You agress to use the Communication Services only to post, send, and receive messages and material that are proper and related to the subject and the particualr Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribte, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other materials protected by intellectual property laws (or by rights of privacy orf publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communicatin Services; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Incline Software has no obligation to monitor the Communication Services. However, Incline Software reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Incline Software reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Incline Software reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Incline Software's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Incline Software does not control or endorse the content, messages or information found in any Communication Service and, therefore, Incline Software specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Incline Software spokespersons, and their views do not necessarily reflect those of Incline Software.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to ancquest.com or Posted on Any Incline Software Web Page
Incline Software does not claim ownership of the materials you provide to ancquest.com (including feedback and suggestions) or post, upload, input or submit to any Incline Software Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Incline Software, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Incline Software is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Incline Software's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Incline Software from our offices within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Incline Software Content accessed through ancquest.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Incline Software, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Incline Software reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Incline Software in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Incline Software agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INCLINE SOFTWARE, LC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
INCLINE SOFTWARE, LC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. INCLINE SOFTWARE, LC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INCLINE SOFTWARE, LC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INCLINE SOFTWARE, LC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Incline Software reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Incline Software as a result of this agreement or use of the Site. Incline Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Incline Software's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Incline Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Incline Software with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Incline Software with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English
Changes to Terms
Incline Software reserves the right, in its sole discretion, to change the Terms under which ancquest.com is offered. The most current version of the Terms will supersede all previous versions. Incline Software encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Incline Software welcomes your questions or comments regarding the Terms. Please feel free to reach out to us using the methods provided on the Contact Us page of this website.
These Terms & Conditions are effective as of 10 February 2022.
