Tree & Root Total Genealogy Terms of Service
Please read our terms and conditions below so you are informed of the scope of our service. Your payment for research services indicates your agreement with these terms.
TERMS AND CONDITIONS OF USE
The performance of services by Tree & Root Total Genealogy (“we,” “us,” or “TRG”) for you, our client, is subject to the following terms and conditions, and your use of our services constitutes your acknowledgement that you have read, understand, accept and agree to be bound by these Terms of Service.
TERMS OF OUR SCHEDULED CONSULTATIONS
1. PAYMENTS AND REFUNDS
1.1 Payment is due at the time of scheduling.
1.2 No refunds will be given for missed consultations. If in the event you need to reschedule, please do so using the link included in your email confirmation.
2. HEALTH INFORMATION
2.1 Our consultations do not include discussions of health or medical information.
3. WARRANTIES AND LIMITATION OF LIABILITY
3.1 The amount payable to us is based upon the value of the services we provide and is not related to the various uses to which you may put our research nor are results guaranteed. For example, if you are using information garnered from your consultation for the purpose of establishing genealogy for purposes of qualifying for grants, scholarships or other benefits, or are seeking to locate potential beneficiaries of a decedent or gain dual citizenship status, the cost of our services has not been determined with reference to such uses, but has been determined solely by reference to the amount of time we spend providing our consultation services. We are not an insurer of any risk relating to the uses to which you may put information garnered from the consultation.
3.2 To the fullest extent permitted by law, you acknowledge and agree that we have not made and do not make any representations or warranties (whether by statute, common law, custom, usage or otherwise) regarding the accuracy or completeness of information provided in the consultation, and specifically disclaim any and all implied warranties of merchantability or fitness for a particular purpose. In no event shall we be liable to you or any other person for any indirect, incidental, special, consequential, or punitive damages or claims for loss of business or profits, damage to reputation or otherwise under contract, tort (including negligence) or other legal or equitable theory, regardless of the cause of action and even if we have been advised of the possibility of such potential loss or damage.
3.3 To the fullest extent permitted by law, you agree that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on our part to perform any of our obligations, and that if we should be found liable for loss, damage, or injury due to our services in any respect, our liability shall be limited to the amount you pay for our services, regardless of whether such loss, damage or injury results directly or indirectly from our negligence or active, passive, intentional or other act.
4. MODIFICATION OF TERMS AND CONDITIONS OF USE
4.1 We reserve the right at any time and at our sole discretion to modify these Terms and Conditions of Use. Modifications will be posted online or communicated to you via email or regular mail. We likewise reserve the right to refuse service to any potential client at our sole discretion.
TERMS OF OUR CUSTOM PACKAGES, RESEARCH PACKAGES, ADD-ON PRODUCTS AND FULL FAMILY TREE PACKAGES
1. PAYMENTS AND REFUNDS
1.1 We will not provide research results until payment is made in full and we cannot guarantee specific results due to the nature of genealogical research.
1.2 Payments made by paper check will not be accepted. If you prefer to pay by wire transfer please email us at email@example.com for transfer information.
1.3 Refunds and credit transfers are not permitted on any of our packages once we have begun work, as our time is reserved for you and cannot be double booked. If you have not sent in your basic family information we book time and resources for your project, so if you delay in sending us any information you already have, we may spend time replicating your previous work. In no event does your failure to send in information we have requested constitute a failure of our team to begin work on your project. In the event that you have purchased a Research Block and have time remaining when we have completed your designated goal, you are welcome to either expand your search parameters to use the remaining time, or keep the remaining time credit on your account for future use.
***Your Research Block time credit does not expire, so rest assured you may use it at any time.
***Packages and Research Blocks are non-transferable once work has started on a project. If we are unable to find traces of ancestors designated for research, we may recommend modifying the goals you have set for a package, at no additional charge. Any time an additional charge may be incurred due to the scope of a project, we will discuss the specifics with you for approval before moving forward.
***Custom Circle Charts are non-refundable. If you would like to purchase one as a gift and have it shipped directly to the recipient, we will include a card from you with a gift message of your choosing in the package. Once you have purchased the Chart online, we’ll email you a link to a form to complete with your generational information and the lineage option you’re interested in. You are always welcome to give us a call with any questions or special instructions.
***Bespoke Journals and Keepsake Boxes are refundable for 30 days from the commencement of our research work, or until the work on the Journal or Keepsake Box has begun, whichever date is earlier. Once we have begun research, layout and printing of the history and documentation we discover will begin as well, so we are unable to make changes to the final report delivery options.
We work very hard to make sure you are satisfied with both the work we do for you and your experience in dealing with us, and we take our commitment to your project very seriously. However, due to the nature of historical documentation and the possible lack of archival materials, we do not, under any circumstance, guarantee results other than to report everything we are able to find to you during the course of the project. By purchasing any of our packages, custom projects or add-on products, you agree to hold us harmless for the results of our research as well as in the event that some parts of your family history may not be recoverable.
1.4 Credit card information is stored on a secure server in order to facilitate payment plans and future orders.
2. RESEARCH AND COMPLETION TIME
2.1 Before research begins, you are requested to provide all known information concerning the family or individual to be researched as well as any previous research that has been conducted. We are not responsible for duplication or misdirection of effort due to failure on your part to provide all necessary information prior to the beginning of the research process. If you send us additional information and/or documents after research starts, you will likely need to purchase additional hours so that we have time to review and/or incorporate the new information into the project. To avoid duplication of effort, we ask that you pause your research on the line(s) you’ve asked us to work on until the project is complete.
2.2 Do not send original records or your only copy of documents or books. We claim no responsibility for record damage or loss. All items sent are scanned for an additional fee then either shredded or returned at client’s expense.
2.3 Client login information to family tree databases and other accounts may be shared internally with others on our team.
2.4 We handle research projects in the order in which the deposit, research goals, and genealogical information are received from you. We strive to return completed in-depth projects to you within 3-6 months. However, we cannot control how soon we receive records from repositories worldwide and a project may take longer to complete than anticipated.
2.5 We utilize a team approach which allows research to be overseen and supported by multiple team members. Project time is allocated for research, research support (writing and analysis, editing, charting, etc.), and client support (goal approval, updates, communication, etc.). Extensive communication needs will affect the time that can be allocated to research, and for this reason or others it may be recommended that you add hours while your project is underway. Additional costs may also be incurred during the course of research, but these will not be added without your prior approval.
2.6 We reserve the right to delete a client web page one year after a project is finished without reorder. Unclaimed paper files and records will be held up to three years and then destroyed.
3. SHARING OF INFORMATION
3.1 We allow clients to use reports, documents, and data that we’ve provided to them, including the use of these things in family history books and on the Internet, provided that excerpts from our reports are not altered and accurately portray our written conclusions. When information that we found is used, please include us as a source or as the author of the information using the following citation: Tree & Root Total Genealogy, http://totalgenealogy.com.” Any use of reports, documents, and data which we’ve provided you other than as specifically permitted herein or without our prior written consent is expressly prohibited.
3.2 We may allow others (e.g., family history societies, journalists) to reproduce content published in our blog posts as long as they comply with the following policies: (a) Printed materials and presentations: Others may reproduce content from our blog posts in printed materials and presentations as long as they provide credit to Legacy Tree Genealogists, Inc. by including a link to http://totalgenealogy.com (or a direct link to the original blog post) in their publication or presentation. (b) Internet and electronic communications: Others may reproduce content from our blog posts on the Internet or in electronic communications as long as they include a link to our original blog post. Reproductions should constitute (1) select quotations and/or readers’ original summaries with (2) a link to the post rather than extensive reproductions of the post’s contents (i.e., more than two paragraphs). 3.3 We reserve the right to talk about our research triumphs and challenges in our blog and in other online, print, and audio communications. This can include talking about locations, records (including images or partial images of records), and other information involving a genealogy research problem, but we change names and avoid using identifying details unless we have prior permission. You waive any right to royalties or other compensation which may arise or which may be related to the use of information as described above. You also hereby hold harmless and release and forever discharge TRG from all claims, demands, and causes of action which you or any other person acting on your behalf or on behalf of your estate have or may have. For clients who prefer that their research never be discussed publicly in any way, an opt-out form can be provided. Research reports are also shared internally and with our referring partners for quality control and training.
3.4 By default, digital client reports and files are password protected for privacy. We offer the option to provide clients with an additional public report with the names of living persons removed in an effort to provide increased help in cousin collaboration and family tree sourcing. If a client chooses to receive an additional public report, this report will be indexed by search engines and may also be used in genealogy teaching situations or as a sample of our work product. No client contact information will be included; those seeking to contact a TRG client based on information in a public report are advised to contact us and we will pass their information on to the client who may return contact at his/her discretion. We accept no liability for any outcomes to clients, relatives, or others based on information included in a public report, including accidental inclusion of the names of living persons or incorrect conclusions based on information discovered at the time. Clients accepting the option to receive a public report waive the right to bring a claim against us for disclosing any information contained therein and also waive any right to royalties or other compensation which may arise or which may be related to the use of information as described above.
3.5 Clients acknowledge and agree that we may choose to disclose or withhold disclosure of their information if we believe we are required to do so by law or if such action is reasonably necessary to (a) comply with a legal process or government request; (b) enforce this or any other agreement with a client; (c) respond to claims that our content violates the rights of third parties; or (d) protect the rights, property, or safety of TRG, our clients, our potential clients, or the public.
4. WARRANTIES AND LIMITATION OF LIABILITY
4.1 The amount payable to us is based upon the value of the services we provide and is not related to the various uses to which you may put our research nor are results guaranteed. For example, if you are using our research for the purpose of establishing genealogy for purposes of qualifying for grants, scholarships or other benefits, or are seeking to locate potential beneficiaries of a decedent or gain dual citizenship status, the cost of our services has not been determined with reference to such uses, but has been determined solely by reference to the amount of time we spend performing our research services. We are not an insurer of any risk relating to the uses to which you may put our research, AND YOU AGREE TO HOLD TRG, ITS EMPLOYEES, AGENTS, OWNERS AND REPRESENTATIVES HARMLESS AND WITHOUT LIABILITY FOR ANY RESULTS WITHIN OR DUE TO THE RESEARCH WE PROVIDE YOU.
4.2 To the fullest extent permitted by law, you acknowledge and agree that we have not made and do not make any representations or warranties (whether by statute, common law, custom, usage or otherwise) regarding the accuracy or completeness of our search results, and specifically disclaim any and all implied warranties of merchantability or fitness for a particular purpose. In no event shall we be liable to you or any other person for any indirect, incidental, special, consequential, or punitive damages or claims for loss of business or profits, damage to reputation or otherwise under contract, tort (including negligence) or other legal or equitable theory, regardless of the cause of action and even if we have been advised of the possibility of such potential loss or damage.
4.3 To the fullest extent permitted by law, you agree that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on our part to perform any of our obligations, and that if we should be found liable for loss, damage, or injury due to our services in any respect, our liability shall be limited to the amount you pay for our services, regardless of whether such loss, damage or injury results directly or indirectly from our negligence or active, passive, intentional or other act, less the cost of any work we have performed.
4.4 Other companies may offer you the opportunity to purchase our services. Being recommended by these companies does not indicate any alignment on our part with these companies in terms of their service or product quality, practices, or ideology.
5. ADDITIONAL TERMS FOR PROJECTS INVOLVING DNA TESTING AND ANALYSIS
In addition to the terms outlined above, the following terms apply for projects involving DNA testing and analysis:
5.1 By ordering a DNA-related project with us or engaging with us through DNA testing, you certify that you are 18 years of age or older and that any sample you submit is either your DNA or DNA data you have permission to share, and that the DNA data pertains to someone 18 years of age or older. You also certify that you are not hiring us to conduct research on a donor-conceived child. You also consent to the following: (1) testing your DNA through a third party, (2) distribution of the DNA testing results to those you authorize to receive them, (3) potential storage of the DNA for genetic testing and archival purposes.
5.2 By engaging with us for DNA-related work, you agree that we may perform the following actions on your behalf unless otherwise indicated by you in writing. You also certify that you have received written permission for these actions to be taken on the behalf of those for whom you have provided or will provide DNA data to us:
- use login and password information to access and analyze test results (we assume no responsibility for consequences that may arise as a result of having login and password information)
- contact DNA matches with an expected relationship more distant than 2nd cousin to request correspondence and collaboration
- attach a preliminary family tree, list of surnames and list of family locations to genetic profile(s)
- join group projects and upload direct line test results to public databases (Y and mtDNA)
- download DNA data from applicable DNA testing companies
- study DNA data using third party sites,
- transfer autosomal test results to other companies and sites, including but not limited to Family Tree DNA and GEDmatch (let us know if you would like to opt out)
5.3 While we offer recommendations and analysis regarding DNA testing, we accept no responsibility for testing outcomes. Those tested understand that DNA testing “can reveal unexpected information about the tester and his or her immediate family, ancestors, and/or descendants. For example, both DNA test results and traditional genealogical records can reveal misattributed parentage, adoption, health information, previously unknown family members, and errors in well-researched family trees, among other unexpected outcomes” (“Genetic Genealogy Standards,” 10 January 2015). Accordingly, by ordering a DNA project, you release TRG from all demands, claims, or liens related to the submission, testing, storage, and use of your DNA, including, but not limited to, reporting errors or omissions, defamation, invasion of privacy, right of publicity, emotional distress, or economic loss. We also accept no responsibility for outcomes to third parties who may be contacted through information we provided to a client.
5.4 By ordering a DNA project, you agree that you will not acquire rights in any research or commercial products that TRG or third parties may develop using the results of your DNA testing.
5.5 If you reside outside the United States, you certify that your sample is not subject to any export ban or restriction and that you will be held solely liable for violation of any country’s laws or regulations. You further certify that you have waived all applicable laws or regulations regarding DNA testing and storage and that your sample will be tested and stored in the United States.
5.6 We do not initiate contact with the living relatives of clients who are 2nd cousins or closer. If the natural course of a project requires contacting living individuals who are 2nd cousins or closer, you will need to initiate contact with these relatives. If this becomes the case, we will inform you and can provide direction on what to say.
6. ADDITIONAL TERMS FOR PROJECTS INVOLVING PROBATE OR DUAL CITIZENSHIP
In addition to the terms outlined for our Custom Packages, Research Packages, Add-On Products and Full Family Tree Packages, the following terms apply for projects involving probate or dual citizenship:
6.1 TRG’s services are limited to document retrieval and analysis. Any information or communication we provide is not intended to constitute legal advice. Clients who require assistance with dual citizenship, probate, or other legal matters should contact a qualified attorney in addition to requesting our services. We may not be held liable for disclosing or failing to disclose or locate information relating to a legal matter.
6.2 We may ship materials through the United States Postal Service (USPS), the United Parcel Service (UPS), FedEx, their affiliates, or other established carriers. Clients agree to shipment via such carriers and agree not to hold TRG liable for loss, damage, delay, or detention of original records or other materials that occurs during shipping and handling.
7. MODIFICATION OF TERMS AND CONDITIONS OF USE We reserve the right at any time and at our sole discretion to modify these Terms and Conditions of Use. Modifications will be posted online or communicated to you via email or regular mail. We likewise reserve the right to refuse service to any potential client at our sole discretion.
Questions? Contact us at firstname.lastname@example.org