Welcome to MyTaproot! These Terms and Conditions (the “Terms”) set forth our mutual agreement as to your rights and responsibilities when you use MyTaproot's websites and services that link to these Terms (the “Services"). By using any Services, you are agreeing to these Terms. By extent, you are also agreeing to comply with MyTaproot's Community Rules. These documents contain important information about your rights and your responsibilities when you use our Services and should be read carefully.
Important Things for You to Understand When You Use MyTaproot Services
Our Services are very diverse, so sometimes additional or separate terms may apply. Any additional terms will be specified with the relevant Services, and those additional terms become a part of your agreement with us if you use those Services. Separate terms may also apply to special offers or promotions, and if the rules of a promotion or special offer conflict with these Terms, those special terms will prevail. We are constantly changing and improving our Services, and thus we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether. If you have any questions about these Terms or our Services, please contact us.
TERMS AND SERVICES
1. Eligibility to Use the Services
You need to create an account to use the Services. To protect your MyTaproot account, please keep your password confidential. You must provide accurate, complete and current registration information when you register. The Services are intended for adults in the countries where they are being offered.
MyTaproot Services: Our Services are intended for adults over the age of 18. Children under the age of 18 are not permitted to use any Services. We do not knowingly seek or collect any Personal Information directly from individuals under the age of 18 without written parent or guardian consent. If MyTaproot becomes aware that we have unknowingly collected any personal data directly from a child under the age of 18 without parental or guardian permission, we will take commercially reasonable efforts to delete such data from our system.
2. Your Use of the Services
Requirements for Using the Services: In exchange for your access to the Services, Members agree:
3. Cancellations and Suspensions for MyTaproot Services
You may request to cancel your account at any time.
4. Content Used in the Services
MyTaproot Content: The Services contain photos, videos, documents, records, indexes of content, and other content that are owned by or are licensed to MyTaproot. We refer to this content as “MyTaproot Content.” Except for websearch records, which are governed by the third parties that host the records, all MyTaproot Content is owned by or licensed to us and may be used only in accordance with these Terms. You may use the MyTaproot Content only as necessary for your personal use of the Services, and download the MyTaproot Content only as search results relevant to that use or where expressly permitted by MyTaproot.
With respect to MyTaproot Content, you agree:
Public Domain Content: Some MyTaproot Content may be in the public domain, and yet also subject to restrictions on reuse. We refer to MyTaproot Content in the public domain as “Public Domain Content.” You are free to use a small portion of individual photos and documents that are Public Domain Content, but you must obtain our written permission to use more than a small portion of these collections. If you have any questions about your use of Public Domain Content, please contact us.
MyTaproot has no responsibility or liability related to Member Provided Content. While we do not routinely monitor Member Provided Content that is uploaded or posted to the Services, we do reserve the right to do so and to use automated tools that monitor Member Provided Content for violations of these Terms, including, the MyTaproot Community Rules. We reserve the right, but do not have the obligation, to remove or disable access to any Member Provided Content that we believe violates these Terms, including the MyTaproot Community Rules.
If you have concerns that Member Provided Content posted by other members may infringe your rights, contain illegal material, or violate these Terms please contact us in writing. We are also sensitive to the copyright and other intellectual property rights of others, and thus consider any violations of such rights or any other, relevant laws to be violations subject to deletion any other remedies under applicable Colorado or U.S. law.
Copyright and Trademark Notice: Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership and all other rights and interests in and to all MyTaproot Content in the Services.
5. Termination or Suspension of Your Account
MyTaproot retains the right to limit, terminate, or suspend your access to the Services (“Account”) if you breach or act inconsistently with these Terms or the MyTaproot Community Rules as determined in the sole discretion of MyTaproot. You reserve the right to terminate your account at any time.
6. Modifications to these Terms
We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, terminate your membership pursuant to item 5.
7. Risk Statement
By using MyTaproot Services, you acknowledge that there are risks inherent in using the Services, including but not limited to those listed below. You further acknowledge and agree that MyTaproot is not responsible for any risks related to the Services, and you are knowingly and voluntarily assuming responsibility for all such risks, including but not limited to the following risks:
Members understand, acknowledge, and agree that, by using MyTaproot's Services, they are evidencing full understanding of the risks involved as outlined above and other risks that may not be contained in these Terms, but are reasonably associated with the use of our services.
8. Your Indemnity
You agree that you will indemnify and hold MyTaproot, our employees, and our agents harmless from any claims, losses, damages, costs, or other expenses (including attorney's fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person's rights; or (c) any claim related to your Member Provided Content, including a claim that your Member Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release MyTaproot from all claims, demands, actions, or suits in connection with your Member Provided Content, including any liability related to our use or non-use of your Member Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
9. Genetic Information
MyTaproot collects and stores genetic information voluntarily provided by Members who choose to pursue DNA analysis in their birth family search. MyTaproot anonymizes and aggregates this information before translating and sharing this information with DNA labs in China in the pursuit of a birth relative match. Through the anonymization process, MyTaproot strips the genetic information of any personally identifying information. By agreeing to these Terms, you acknowledge and accept that once this information is shared, MyTaproot is no longer responsible for its use or potential misuse.
10. Services Offered by Other Companies
We may offer you the opportunity to purchase services from companies other than MyTaproot. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. We have no responsibility related to any such third-party services.
11. Controlling Law
If you access the Services, the laws of the State of Colorado and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims brought in the United States will be subject to the jurisdiction of the courts of the State of Colorado.
12. Dispute Resolution
If a dispute arises between you and MyTaproot, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.
For U.S. Customers:
If your dispute is not resolved within 30 days after contacting us, then you and MyTaproot agree that we will resolve it through final and binding arbitration.
Arbitration Rules: To begin an arbitration proceeding, send a certified letter requesting arbitration and describing your claim to MyTaproot at 6920 South Holly Circle, Centennial, CO 80112. Any arbitration will be conducted by the Judicial Arbiter Group (JAG) under its rules and will be held in the State of Colorado.
No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Injunctive Relief: If you use the Services in violation of these Terms, you agree that we are entitled to any injunctive remedy or an equivalent type of urgent legal relief in the appropriate jurisdiction.
Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, as amended by us from time to time, state the entire agreement between you and MyTaproot regarding your use of the Services and supersede any prior agreements we may have relating to the Services.
Notification of Changes to the Services: MyTaproot may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.
Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of MyTaproot, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability: The unenforceability of any particular section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.
No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.
Fair Credit Reporting Act: MyTaproot is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
These Terms and Conditions were consolidated from separate prior versions. For prior versions of the terms and conditions applicable to the Services, click here.