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, Inc. or using material from our web site or publications, please review the following terms and conditions, which define your rights and benefits as a client of ProGenealogists.
ProGenealogists, Inc. License and Terms and Conditions of Use
ProGenealogists (hereinafter "we", "our" or "us") conducts professional family history research services (“our Services”). "You" or "your" means an adult client of our Services.
The ProGenealogists, Inc. website contains information, photos, graphics, data, editorials, textual, educational and other material that is accessible by any Internet user (Content). All Content produced by our Services is copyrighted by ProGenealogists, Inc., 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, Inc. is listed as the source of that Content. The republishing of whole or significant portions of any work produced by ProGenealogists, Inc. is prohibited without the express written consent of ProGenealogists, Inc.
ProGenealogists, Inc. 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 is copyrighted material. A ProGenealogists report cannot be reproduced in its entirety on web pages, electronic media, or in family newsletters without permission from our firm. Small portions of the genealogist's report may be quoted, if properly cited and credited to the genealogist and to ProGenealogists, Inc., in any text document that a client might create.
1. TERMS
1.1 You must be 18 years or older to order our Services.
1.2 The fee that you pay 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 You are requested to provide a complete research request to ProGenealogists, Inc. 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 If you order a record search, we will send you a listing of the records examined and a copy of the document(s), if found.
1.5 If you order a ProGenealogists Mini-Session, we will send you include a listing of the records examined, a copy of the document(s), if found, and a brief one to two page summary.
1.6 If you order a ProGenealogists In-Depth Research Session, we will send you all of the above, with a more 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 – a retainer – is required. Please pay by check, credit card or money order in U.S. funds. Upon completion, all hourly research costs 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, 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 12-16 weeks from receipt of deposit. 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 16-week 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 fees and terms may be changed by ProGenealogists, Inc. at any time and each renewal of our Services will be at the then-standard service fees.
3. COMMUNICATIONS BETWEEN PROGENEALOGISTS AND YOU
ProGenealogists, Inc. may send electronic mail to you, for the purpose of informing you of changes or additions to ProGenealogists, Inc., or of any ProGenealogists, Inc. related products and services. You may opt out of this notification service by sending an e-mail to web@progenealogists.com. For further information on our use of your demographic information, see the Privacy Policy regarding our Service.
4. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE
ProGenealogists, Inc. has the right, at its sole discretion and at any time, to modify the terms of this Agreement or our Services. Changes in our 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 Service 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 Services. Continued use of our Services following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.
5. USER SUBMITTED CONTENT
Some of the Content shown on ProGenealogists, Inc. web site has been submitted by ProGenealogists customers and web enthusiasts, 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 on these user submitted pages. The opinions expressed on these pages are those of the user who submitted them.
6. MISCELLANEOUS
6.1 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.
6.2 Official correspondence must be sent via postal mail to: ProGenealogists, Inc. Attn: Customer Service, PO Box 900188, Sandy, UT 84090-0188.
6.3 This Agreement is the entire agreement between you and ProGenealogists, Inc. and it cannot be amended except in writing.
7. GUARANTEES
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.
8. POLICY REGARDING YOUR RETAINER
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.
LIABILITY DISCLAIMER
ProGenealogists, Inc. 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 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 service.
ProGenealogistsTM 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, Inc. 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, Inc.
