Terms & Conditions

  1. AGREEMENT

    Thank you for visiting familyhistory.us.org. You need to read the following terms of service carefully before you click "search," "continue," or "show me my report." By clicking any of these terms you agree to be legally bound by these terms of service. Please print out this TOS for future reference. You also agree to be bound by our privacy policy. If you do not understand this TOS or do not agree to it or our privacy policy, please click away from the site and do not use our service.

  2. PRIVACY POLICY

    Our privacy policy is located at http://www.familyhistory.us.org/privacy_popup.php, and you agree to all of the terms found there.

  3. CHANGES TO AGREEMENT AND PRIVACY POLICY

    Because Internet technology and the law change frequently, we reserve the right to update our terms of service simply by changing it on our website. If you do not agree to this, please click away from this site now.

  4. Refund Policy

    If you are not completely satisfied with our service(s) please call us at 1-877-393-1433 or take advantage of our free 24 hour Live Chat support by visiting our homepage and clicking the live chat link. If we are unable to address your questions or if you remain dissatisfied for any reason, we will be happy to close your account and refund your last transaction within 6 months of the billing date of that transaction.

  5. ELIGIBILITY

    By using this website, you certify that you are at least 18 years old and able to enter into legally binding contracts.

  6. OUR ROLE

    Our website allows you to look up public information. By using our site, you agree that we are a third-party service and are not liable for any damage incurred by using our service. You understand that we are limited to the extent that we can only provide information that has been entered into our database by other parties.

  7. LICENSE

    You have the right to use the information gathered using this website for personal use only. It may not be reused by you for any commercial activity. Doing so violates our copyright and our terms of service, and may put you in legal jeopardy.

  8. NO RELIANCE ON THIRD-PARTY CONTENT

    The information we provide is through a technological search engine. We do not guarantee that it is accurate, and do not assume any responsibility for any legal action you may take by using the information we provide. You agree that we are not responsible for the information we provide through third parties.

  9. ASSUMPTION OF RISK; RELEASE

    You assume any and all risk associated with using our website and will not hold us legally responsible for any actions or consequences involved in access to or use of our website.

  10. USER INFORMATION; PASSWORD PROTECTION

    When you use our service you will be required to create a user name and password. You are responsible for maintaining the integrity of this password and account. You will not create a false account. You will also not hold us responsible if you are not able to maintain the privacy and protection of your account.

  11. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM FAMILYHISTORY.US.ORG

    By creating an account with us, you give us the legal right to contact you via email, postal mail, and/or SMS at any time with information and offers. You can opt out of this service at any time.

  12. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM FAMILYHISTORY.US.ORG PARTNER MARKETERS

    By creating an account with us you give us the legal right to have third-party marketers contact you via email, postal mail, and/or SMS at any time with with information and offers. You can opt out of this service at any time.

  13. RESERVED RIGHTS FOR FAMILYHISTORY.US.ORG FEES

     

    • (a) Reserved Rights for FAMILYHISTORY.US.ORG Fees

      You agree that we have the right to charge you regular fees for use of our website, and that these fees may change at any time without notice. You authorize us to charge your credit card for any and all applicable fees at our discretion.

    • (b) Property Values Fees: Offer Details

      We offer our initial report for $1. You may order other reports for additional fees at our discretion.

    • (c) $1.00 REFUND POLICY

      If for whatever reason you are unhappy with your report, please contact customer support at 1-877-393-1433 for a refund.

    • (d) Optional Volume Discount Policy

      When you purchase your initial report you have the right to purchase our volume discount of $227.40 to receive 25 reports a month for 12 months. This will be billed at a rate of $18.95 per month.

    • (e) Optional Volume Discount Refund Policy

      To cancel this billing policy, please contact our customer service department at 1-877-393-1433.

     

  14. THIRD-PARTY WEBSITES

    There may be links to third-party websites on our website. We do not assume any legal responsibility for the actions of any third-party sites linked to our site. You interact with these third-party sites at your own risk.

  15. PROHIBITED USES

    You will not use the information gathered on our website for any illegal purposes including but not limited to stalking, false representation, or marketing purposes. The information provided is only for your information and we are not liable for your use of it in any illegal manner.

     

    • (a) Copyrighted Materials; Copyright Notice

      All information including graphics and icons on our website remain our copyright and may not be used by you in any commercial capacity.

    • (b) DMCA Policy

      We ask you to respect our intellectual property rights, and we respect the intellectual property rights of others. Should you notice any copyright violation by us or a linked third party, you agree to contact us and describe the violation so that we may take action. If you are unsure if a copyright violation exists, please contact an attorney.

    • (c) Infringement Notices

      All Infringement Notices should include the following:

      • 1. A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
      • 2. An identification of the copyright claimed to have been infringed;
      • 3. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit us to find and positively identify that material;
      • 4. Your name, address, telephone number and email address; and
      • 5. A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. Infringement Notices should be sent to manager@familyhistory.us.org with the subject line "DMCA Notice familyhistory.us.org". FAMILYHISTORY.US.ORG will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.

     

  16. DISCLAIMERS; LIMITATION OF LIABILITY

     

    • (a) No warranties

      THIS SITE IS PROVIDED BY FAMILYHISTORY.US.ORG ON AN "AS IS" AND "AS AVAILABLE" BASIS. FAMILYHISTORY.US.ORG DOES NOT SPECIFICALLY WARRANT OR GUARANTEE THE ACCURACY OF ITS SEARCH REPORTS. THE INFORMATION CONTAINED IN OUR REPORTS REPRESENTS THE LIEN RECORDS AND DATA OF THE NATIONAL DATABASE PROVIDERS ON OR BEFORE THE DATE AND TIME INDICATED ON THE REPORT. FAMILYHISTORY.US.ORG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LIENS OR SECURITY INTERESTS FILED AFTER THE DATE AND TIME INDICATED ON THE REPORT. IN ADDITION, FAMILYHISTORY.US.ORG SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE CRIMINAL OR FRAUDULENT ACTS OF THIRD PARTIES. FAMILYHISTORY.US.ORG MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE TURN AROUND TIME OF ITS SEARCH REPORTS. FAMILYHISTORY.US.ORG IS NOT RESPONSIBLE FOR ANY DAMAGES, DIRECT, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, THAT YOU MAY SUFFER AS A RESULT OF AN UNUSUAL DELAY IN THE TRANSMISSION OF OUR REPORTS. BY ACCEPTING THIS LICENSE TO USE OUR WEBSITE YOU ALSO AGREE THAT, AS A CONDITION OF ANY PAYMENT TO YOU, YOUR SUCCESSORS OR ASSIGNS, BY FAMILYHISTORY.US.ORG AS PART OF ITS GUARANTEE OF THE ACCURACY OF ITS REPORTS, YOU, YOUR SUCCESSORS AND ASSIGNS WILL SUBROGATE ANY AND ALL RIGHTS THAT YOU MAY HAVE AGAINST ANY PARTY THAT CAUSED THE LIEN OR SECURITY INTEREST TO BE FILED.

      FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMILYHISTORY.US.ORG, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER FAMILYHISTORY.US.ORG NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE LIABILITY OF FAMILYHISTORY.US.ORG FOR DAMAGES ARISING OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FAMILYHISTORY.US.ORG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF FAMILYHISTORY.US.ORG, FAMILYHISTORY.US.ORG PARTIES, OR FAMILYHISTORY.US.ORG USERS, OR THEIR AGENTS OR REPRESENTATIVES.

    • (b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA

      YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD FAMILYHISTORY.US.ORG OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

      IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACK UP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

    • (c) LIMITATION OF LIABILITY

      THE LIABILITY OF FAMILYHISTORY.US.ORG AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FAMILYHISTORY.US.ORG OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO FAMILYHISTORY.US.ORG OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF FAMILYHISTORY.US.ORG AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FAMILYHISTORY.US.ORG AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

    • (d) APPLICATION

      THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND FAMILYHISTORY.US.ORG OR BETWEEN YOU AND ANY OF FAMILYHISTORY.US.ORG'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. FAMILYHISTORY.US.ORG'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

     

  17. YOUR REPRESENTATIONS AND WARRANTIES

    You agree that your use of this website is at your own risk, and that you will not use it in any way that would damage our site or reputation or the reputation of any third party.

  18. INDEMNITY BY YOU

    You agree not to hold us responsible for any legal action that may arise from the use of our website. If any legal fees accrue, they are your responsibility and not ours. You agree that we will not be held legally responsible for any actions you or other parties may take in relation to using our service.

  19. GOVERNING LAW; JURISDICTION AND VENUE

     

    • (a) 1-Year Limitations Period

      ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE.

    • (b) Binding Arbitration

      If You and familyhistory.us.org cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. All binding arbitration decisions will be held as legally final. YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

      The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for herein, familyhistory.us.org will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedures 11(b)), then the payment of all such fees will be governed by the AAA Rules. In that case, You hereby agree to reimburse familyhistory.us.org for all payments disbursed that are your obligation to reimburse under the AAA Rules. If you are unable to pay the arbitration fee, familyhistory.us.org will pay it directly upon receiving a written request and a sworn statement that you are unable to pay. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. We may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.

    • (c) Restrictions Against Joinder of Claims

      You and familyhistory.us.org agree that any arbitration shall be limited to each Claim individually. You agree that no action on your part will be part of any class action lawsuit and must be taken on behalf of each individual search action. If this specific provision is found to be unenforceable, then, to the full extent allowable under applicable law, (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

    • (d) Remedies in Aid of Arbitration; Equitable Relief

      This agreement to arbitrate will not preclude our company from seeking provisional remedies in aid of arbitration, including, without limitation, orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude us from applying to a court of competent jurisdiction for a temporary restraining order, or other judicial relief. As used herein, "Court of Competent Jurisdiction" means any federal or state court that has jurisdiction over the subject matter.

     

  20. TERMINATION

     

    • (a) BY FAMILYHISTORY.US.ORG

      WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, FAMILYHISTORY.US.ORG RESERVES THE RIGHT TO, IN FAMILYHISTORY.US.ORG'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION, FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

    • (b) AUTOMATIC TERMINATION UPON BREACH BY YOU

      If you violate any of our policies or agreements, you will be terminated without notice.

    • (c) TERMINATION BY YOU

      To terminate your agreement with us, you must contact us in writing and provide sufficient notice of your intent to do so.

    • (d) EFFECT OF TERMINATION

      If you or our company terminate this agreement, you will agree not to use our website or service in the future, and we retain the right to block your use of our service. Continuing to use our service after termination will be considered a violation of law.

    • (e) LEGAL ACTION

      If you violate our policies and we need to take legal action against you, you agree to pay all reasonable court costs and attorney fees.

    • (f) SURVIVAL

      Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-9, and 12-23 will survive any termination of this Agreement.

     

  21. NOTICES

    All notices required or permitted to be given under this Agreement must be in writing. We will contact you through the most recent email address you have provided. You agree that any notice received from familyhistory.us.org electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH FAMILYHISTORY.US.ORG IS UP TO DATE, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY FAMILYHISTORY.US.ORG OF AN EMAIL TO THAT ADDRESS.

  22. PARTIAL INVALIDITY

    Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, as determined by court review.

  23. GENERAL

    This Agreement constitutes the entire Agreement between our company and you. It may only be modified by us, and we may do so simply by updating this page on our website. Please check this page regularly for updates. This Agreement is legally binding. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. You agree that any actual or threatened breach of this Agreement may be cause for legal action against you. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions, or provisions of this Agreement.