Terms of Service
ProGenealogistsTM is dedicated to creating, preserving and marketing high quality, detailed and scholarly family history research and tools, while maintaining a constant commitment to client care and service. To that end, we have established the below terms and conditions so that our clients and prospective clients are fully informed of the scope of our service. Before enlisting the services of ProGenealogists or using material from our web site or publications, please review the following terms and conditions, which define your rights and benefits as a user of the ProGenealogists website.
ProGenealogistsTM, the trade name of TGN Services, LLC, is a subsidiary of Ancestry.com Operations Inc. (hereinafter "we", "our", "us" or “Progenealogists”) and conducts professional family history research services (our “Services”) as well as provides other family-history research related products and materials (our “Products”). "You" or "your" means an adult client of our Products or Services.
The ProGenealogists website contains information, photos, graphics, data, editorials, textual, educational and other material that is accessible by the internet (“Content”). All Content offered by ProGenealogists on our website is copyrighted by ProGenealogists, its agents, or third party providers and may be used only in accordance with this limited use license.
Limited Use License
You are licensed to use the Content we produce only for personal or professional family history research. You may use, cite, or download Content only if it is relevant to that type of research and only if ProGenealogists is listed as the source of that Content. The republishing of whole or significant portions of any work produced by ProGenealogists is prohibited without the express written consent of ProGenealogists.
ProGenealogists holds no claim to copyrights for the copies of original records and other photocopied documents taken from books, abstracts and typescripts. Therefore, you can copy these materials in accordance with the current copyright laws, if applicable. However, any genealogist’s report that is sent to you in response to your purchase of our Services is copyrighted material. A ProGenealogists report cannot be reproduced in its entirety on web pages, electronic media, or in family newsletters without permission from us. Small portions of the genealogist's report may be quoted, if properly cited and credited to the genealogist and to ProGenealogists, in any text document that a client might create.
1.1 You must be 18 years or older to order our Products or Services.
1.2 The fee that you pay for our Services is for our expert time and attention. We bill hourly for our professional research services and expertise in 6 minute increments. We have a 1 hour minimum.
1.3 If you purchase our Services, You are requested to provide a complete research request to ProGenealogists.A complete research request includes the family or individual to be studied and all records and results from previous research. The goal of your research must be clear. We must receive all these things, plus the appropriate retainer, before we will begin.
1.4 When you order a ProGenealogists In-Depth Research Session, we will send you results of our research with an extensive multi-page report with citations. We will also send you a cover letter with suggestions for future research. Family group sheets, pedigree charts and maps may be included with these projects, as needed or requested for illustration purposes.
2. FEES AND PAYMENTS
2.1 Prepayment in full is required. If you are purchasing our Services, prepayment is satisfied by paying a retainer. You may pay for Services by check (US customers only), credit card or money order in U.S. funds. You may pay for Products by only credit card. Upon completion, all hourly research costs associated with our Services will be deducted from the retainer. Hourly labor costs will include the time it takes us to review of previous research, correspondence (e-mail, phone, postal mail), research, analysis and report writing time.
2.1b Unless otherwise noted on the order form for Services, photocopy costs, postage and handling, long distance phone calls, certificate fees, correspondence costs and other miscellaneous expenses will be billed to you IN ADDITION to your retainer. These expenses include, but are not limited to, on-site third party research services and certificate fees. You will be contacted for authorization if these costs could exceed 10% of your prepaid retainer. These expenses are due at the conclusion of each research session and before results will be shipped. See our fees listing.
2.2 Research sessions are handled in the order that the retainer was received. Sessions are often completed in 4-6 months from receipt of the retainer. However, there are times that research projects may extend past this time frame pending receipt of outside correspondence or availability of resources. In case of a delay extending past the 6 month period, we will notify you.
2.3 If and when accounts become over 30 days past due, the account balance will be billed interest and finance charges in the amount of 1 and ½ percent per month until the balance is paid in full.
2.4 Our Service and Product fees and terms may be changed by ProGenealogists at any time and each renewal of our Services will be at the then-standard service fees.
3. COMMUNICATIONS BETWEEN PROGENEALOGISTS AND YOU
ProGenealogists may send electronic mail to you, for the purpose of informing you of changes or additions to ProGenealogists, or of any ProGenealogists related products and services. You may opt out of this notification service by sending an e-mail to firstname.lastname@example.org. For further information on our use of your demographic information, see the Privacy Statement regarding our Service.
4. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE
ProGenealogists has the right, at its sole discretion and at any time, to modify the terms of this Agreement or our Products or Services. Changes in our Products or Services that will affect you will be posted online at ProGenealogists.com, or sent via email, or postal mail to you. If any portion of this Agreement or any change of this Agreement of our Products or Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may opt not to accept or cease using our Products or Services. Continued use of our Products or Services following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.
5. SUBMITTED CONTENT
5.1 Some of the Content shown on ProGenealogists web site has been submitted by ProGenealogists customers, web enthusiasts and other genealogists, and it is not subject to verification by ProGenealogists. Neither ProGenealogists nor its affiliates or third party agents are responsible for the accuracy of any information contained inthis user submittedContent. The opinions expressed on these pages are those of the user who submitted them.
5.2 Before submitting anything in the use of our Products or Services, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Website.
6. GUARANTEES FOR SERVICES
In purchasing our Services, you are engaging our professional genealogists who have many years of training. They offer their expert time and attention to your research needs. Therefore, a charge is made for their time. Professional genealogists are entitled to be paid for all time rendered to you at their professional hourly rates. No ethical genealogist can predict or guarantee a specific document or result. Specific results won’t be known until research is conducted and completed. In fact, there is no guarantee that our professionals, or any other professional, will be able to locate new information about your ancestors.
ProGenealogists guarantees thorough and detailed work. Our research is conducted in accordance with the highest professional standards and in full compliance with the Code of Ethics published by the Association of Professional Genealogists. Because of variables that can limit success (time allotted, common surnames, time period and place, records availability) during research, there is NO guarantee that any specific or positive results will be obtained. Our skilled researchers promise to do their best work, and that is all that we can offer.
7. POLICY REGARDING CANCELLATION
7.1 Cancellation of Services. If you cancel your research request, the cancellation will take effect immediately, and our researchers will then write a summary of the research to that cancellation date. All their time and expenses will then be deducted from your prepaid retainer. Any unused retainer, after all time and expenses have been deducted, can be credited to another research case, or sent back to you.
7.2 Cancellation of Products. You may cancel your purchase of our Products at any time before the Product is shipped. For webinars, the Product is considered to be shipped one hour before that webinar is initially broadcast. Cancellations may be made by sending an email to email@example.com. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
8.1 ProGenealogists and its third party suppliers strive for excellence and accuracy. Because every individual is unique, it is truly impossible for a professional genealogist to guarantee that a certain sum of money or any particular resource will provide their client with a certain number of new ancestors or relatives. Read more about this topic as published by the Association of Professional Genealogists. However, professional genealogists simply cannot guarantee specific research results or turn around time because of all the variables historical records will hold regarding a client's family, until the records are examined. There will be no refunds related to lack of results or dissatisfaction with any aspect of ProGenealogists's Products or Services.
8.2 ProGenealogists may, from time to time, provide opportunities to our online users to link to or purchase third party services. Sites of those third parties may be subject to terms and conditions that are different from those found here. ProGenealogists makes no warranty concerning any third party-provided goods or services. The only recourse for dissatisfaction or problems with those third party goods or services will be sought from the third party provider and not from ProGenealogists.
8.3 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 ProGenealogists assign or transfer any of your rights and obligations under these terms.
8.4 You acknowledge and agree that ProGenealogists may disclose your information if ProGenealogists believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public.
8.5 In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
8.6 Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
8.7 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of the website, Products or Services.
8.8 Official correspondence must be sent via postal mail to:
PO Box 900188
Sandy, UT 84090-0188
8.9 This Agreement is governed by the law of the State of Utah and to the extent applicable, the Federal law of the United States of America. Any action to enforce this Agreement shall be brought in the State courts located in Salt Lake City.
8.10 This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by ProGenealogists.