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Terms of Service Agreement
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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 Legacy Tree Genealogy, Inc. (“we” or “us”) 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 and Conditions of Use.
1. Payments and Refunds
1.1 We do not refund deposits once we have commenced research. If you request a refund before we begin research and no later than six months after your initial payment, we will refund your deposit less a 5% credit card processing fee.
1.2 We will not provide research results until you make payment in full.
1.3 Payments made by paper check are converted into an electronic fund transfer, which results in no additional fees to you but may result in faster processing time. By sending a completed, signed check to us, you authorize us to use the account information from the check to make an electronic fund transfer from your account for the same amount as what is written on the check.
2. Completion Time and Research
2.1 We will commence research only after we have received necessary information from you. You are requested to provide to us a detailed research request that includes 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 a lack on your part to provide all necessary information. Do not send original records or your only copy of documents.
2.2 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 projects to you within 12-16 weeks. However, since we sometimes have to order records from repositories outside of Salt Lake City and we cannot control how soon we receive these records, a project may take longer to complete than anticipated. Rush ordering is available but completion time cannot be guaranteed.
3. Tax Deductible Payments
Clients must consult with their own tax advisors to determine the tax consequences of payments made to us. Clients belonging to a religious organization which encourages its members to perform genealogical research may qualify to make payments through our affiliate charitable organization for tax deductible purposes. Any research payments besides those made through our charitable organization are not considered to be tax deductible, and not all persons qualify to make payments through our charitable organization.
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. 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, 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.
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. If you desire us to assume a greater liability, please notify us and we will attach a rider to these Terms and Conditions of Use setting forth the amount of additional liability and additional amount payable by you for an assumption by us of such greater liability.
5. 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.
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