Terms & Conditions
ProGenealogistsTM is dedicated to creating,
preserving and marketing the highest quality, most 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 is a professional family history research service (our
Services) (hereafter "we", "our" or "us").
"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 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. It
cannot be reproduced in its entirety on web pages, electronic media, or in
family newsletters without permission from ProGenealogists. 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.
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 any previous research that has
been conducted. The goal of your research must be clear. We
must receive the appropriate retainer before any work begins.
1.4 Simple searches, or copy requests, include a listing of the
records examined and a copy of the document(s), if found.
1.5 Mini-projects, include a listing of the records examined, a
copy of the document(s), if found, and a brief one page summary.
1.6 Full In-Depth Research sessions include all of the above, but more
extensive reporting with citations. The cover letter and report will included 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 for hourly research by check, credit card or money
order in United States funds is required. Upon completion, all hourly
research costs will be deducted from the deposit. These hourly expenses
include 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 prepayment. 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 might
exceed 10% of your prepaid retainer. These expenses are due
at the conclusion of each research session. See our
fees listing.
2.2 Research sessions are handled in the order that the retainer is
received. Sessions are often completed in 8-12 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 12-week
period, we will notify you.
2.3 We guarantee 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 with any client request. Our
skilled researchers promise to to their best work, and that's all that
they can offer.
2.4 If and when accounts are 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.
2.5 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, INC. 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 cease using our Services. Continued use of
our Services now or 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, without
regard to its principles on conflicts of laws, and the Federal law of
the United States of America. Any action to enforce this Agreement shall
be brought in the Federal or 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. REFUND POLICY
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 what
new documents or
information can be discovered about your family. That information won't
be known until research is completed. In fact, there is no guarantee that
our professionals, or
any other professionals, will be able to locate any new information about your
ancestors. However, regardless the outcome, our skilled professionals
will provide an explanation of research undertaken and include suggestions for continued research.
Because you are purchasing a genealogist's time and
expertise, and not a tangible product, your prepaid research fee is
NON-refundable. If you cancel your research request, the cancellation
will take effect immediately, and our researchers will write a summary
of the research to that cancellation date. All their time and expenses
to date 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
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. 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 no refunds related to lack of
results or dissatisfaction with any aspect of service. ProGenealogists, Inc. and its third party
suppliers strive for excellence and accuracy. We guarantee that we
will use our combined best efforts and many years experience to provide
you with help researching your family history. If the family to be
searched is out of our skill area, we will let you know and suggest
alternatives. Read
more about this topic as published by the Association of Professional
Genealogists.
Following is the legalese version: We and our third party
suppliers make no representations concerning the results of the Content
or our Services for any purpose.
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 which 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.
Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, this
limitation may not apply in part to you. If you are dissatisfied with
any portion of our services, or with any of these terms of service, your
sole and exclusive remedy is to discontinue using our services.
