Expert Connect

 

Terms and Conditions

Note: These Terms and Conditions may require modification from time to time, including significant changes for a Client or a Provider outside the United States. The Client and the Provider will be asked to agree to the current Terms and Conditions upon entering a new Project agreement. Please take a moment to review the current Terms and Conditions in detail.

Expert Connect is a service ("the Service") provided by TGN Services, LLC, a Delaware LLC ("the Company", "we," "our" or "us") which is a wholly owned subsidiary of The Generations Network, Inc. This Service provides a venue where Clients interested in family history-related services and providers of family history-related services ("Provider") can communicate with and contract with each other about the services and payments they wish to exchange. Within these Terms and Conditions, any reference to the Service refers to all services contracted for within the services; including without limitation, Ask an Expert and Custom Projects.

Within the Service, a Client may search for and locate a Provider or may post custom project requests or questions ("Project") with the intent to receive proposals from a Provider.  A Provider may responds to inquiries, submits proposals, and be hired to provide their services to a Client. We do NOT source or deliver projects. We only provide the venue for a Client and a Provider to find and contract with each other for Projects.
As part of providing a venue for the Client and the Provider, we provide both the Client and the Provider with billing and payment services and other work management tools described in Billing and Payment Services, Services Offered, and Dispute Resolution Policy as found below.

As part of the registration process of the Service, all users (the Clients and the Providers) will be required to select a username and password. The Client and the Provider must provide the Service with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. The Client and the Provider may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than themselves without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate.

The Client and the Provider are responsible for all usage or activity on the Service via their password account. Distribution of a password to others for access to the Service is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of either the Client’s or the Provider’s account, at our sole discretion, and we may refer the Client or the Provider to appropriate law enforcement agencies.

Before using the Service, please review the following Terms and Conditions (the "Agreement") which define the Client and the Provider rights, responsibilities and benefits as a user of the Service. The Client and the Provider enter into a contract with us under the terms and conditions stated here each time a Client and a Provider contract with each other for services. These terms and conditions may change without further notice, so the Client and the Provider should review them in connection with each new Client/Provider contract.

As the Client and the Provider provide information to us and via this Service to others, please note that this Service is provided in and from the United States of America and that the provided personal information will be stored, processed and distributed in and from the United States.  The Clients and the Providers need to be aware that United States law on privacy may vary from that in the Client’s or the Provider’s country of origin and the Client and the Provider specifically consent to the storage, processing and distribution of personal information in and under the laws of the United States.

The Agreement with Us. These Terms and Conditions are the contractual agreement between the Client and the Company and the Provider and the Company. By using the Service, the Client and the Provider agree to abide by its terms and conditions including those available by hyperlink. If you have any questions, refer to the FAQ section of the Service.

The Client and the Provider must register and read and accept all the terms and conditions in, and linked to, this Agreement before using the Service. This Agreement was last amended on and is effective as of that date for current users, and upon acceptance for new users. The Client and the Provider agree to all Terms and Conditions included in this Agreement by registering with us, and clicking "AGREE."

Using the Service indicates that the Client and the Provider are bound by this Agreement with us. If the Client or the Provider does not agree with any of these terms and conditions the Client or the Provider must not use the Service. We may alter this Agreement at Our discretion and continued use after any change indicates acceptance of that change. If a Client or Provider does not want to be bound by a change, the Client or Provider must discontinue use of the Service. The Client and the Provider should always review the Terms and Conditions for the latest updates prior to using the Service.

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PROJECT FEE POLICY
By contract with Provider, the Company assesses a project fee ("Fee") against the total contract price charged by the Provider for any service to a Client. The Fee varies according to the type of Project and method by which the Provider chooses to be paid. Our Project Fee Policy is subject to change. We may introduce new services with new fees at any time.

Projects.  The Provider will either post their own fixed rates (service offerings: Record Pickup and Local Photo) or browse through the Client-posted research projects and submit a custom bid (service offerings: Custom Research and Record Lookup).

Ask an Expert.  With the Ask anExpert service offering, the Provider will browse through pre-priced the Client questions and choose which questions/prices Providers wish to answer.

Once the project and pricing is agreed-to for any service offerings, the Client will pay up-front. Expert Connect will then hold the funds in reserve until the project has been completed. Upon completion, and once the Client has indicated that the work done was acceptable, Expert Connect will then transfer funds directly into the Provider’s account, less the Project Fee. For Custom Research projects, the Project Fee is 15%. The Project Fee for all other service offerings is 25%.

Payment from provider’s Expert Connect account to provider’s preferred payment method will occur on the first and third Friday of every month. If that Friday falls on a U.S. Bank or Federal Holiday, then the payment will occur the business day before-hand.

Clients: By using this site, Client agrees to use Expert Connect to make all payments to Providers found on this site so that Expert Connect can collect its Fee. Client also agrees that Expert Connect earns its Fee on all payments to a Provider found on this site in the first 12 months after identifying said Provider, regardless of whether the Client pays through Expert Connect or not. Client agrees to not attempt, through any action whatsoever, to circumvent these fees. Failure to abide by this agreement may result in account suspension and or termination. After 12 months, our Fee for payments to the Provider applies only if the payment is made through Expert Connects payment service.

Providers: By using this site, or by communicating with a Client identified through this site, Provider agrees to use Expert Connect to receive all payments received from a Client identified on this site so that Expert Connect can collects is Project Fee. Providers also agree that Expert Connect earns its Fee on all payments from a Client identified on this site in the first 12 months after identifying said Client, regardless whether the Provider received the payments though Expert Connect or not. Providers agree to not attempt, through any action whatsoever, to circumvent these fees. Failure to abide by this agreement may result in account suspension and or termination. After 12 months, our Fee for payments from the customer applies only if the payment is made through Expert Connects payment services.

PERIOD of EXCLUSIVITY
Clients agree that for a period of the first 12 months after acceptance of the first proposal through the Service, if posting or purchasing any services from the same Provider, Clients will do so exclusively on the Service, whether such services are the same job, a follow-up job, or new jobs for any Project supported by the Service.

USER ELIGIBILITY
Age: The Client and the Provider must be 18 years or older and be able to enter into a legally binding agreement in order to be eligible to use this Service.

Compliance: The Client and the Provider agree to comply with the Company Policies

Account Information: To register as a user, both the Client and the Provider must provide first and last name, email address, username and password.

User Name and Password: The Client and the Provider are responsible for all usage or activity within the Service via the password account. Distribution of the password to others for access to the Service is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of the Client’s or the Provider’s account, at our sole discretion, and we may refer Client or Provider to appropriate law enforcement agencies. For more info please refer to the Service Privacy Policy as provided below.

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Billing and Payment Policy
Funds in Reserve (Funding instruction automated)
Client: When the Client and the Provider have reached an agreement on Terms of the Project, the Client will be charged up-front for the full agreed upon amount. The Service will then hold the funds in reserve ("Funds in Reserve") until the Client receives the services requested. Upon the Client’s verification of receipt, and acceptance of services, the Service will release funds to the Provider. The Provider will not be paid until the Client has verified fulfillment of the contract.

By using the Service, the Client and the Provider expressly acknowledge that the Service is not acting in a fiduciary capacity for either the Client or the Provider. The Service is NOT A BANK or FINANCIAL INSTITUTION.

The Service’s Project Fee Policy, which is subject to change, is incorporate into this Agreement by reference. For more information, please refer to the Project Fee Policy portion of this agreement.

The Client is responsible for all fees and payments associated with the purchase of a good or service on the Service.

The Service keeps valid billing information on file for at least two years from the date of the last transaction. Failure to provide valid billing information may result in suspension or termination of this Agreement.

In order to facilitate payment to the Provider or to receive payment from the Client, the Client and the Provider of the Service must provide accurate billing information to the Service. Billing information includes, but is not limited to:

  1. Name on account
  2. Type of payment account (checking account, credit/debit card, PayPal account)
  3. Accurate payment account information
  4. Checking accounts – ABS Routing Number and Account Number
  5. Credit / Debit Accounts – Account number, expiration date and if applicable, CVV Code.
  6. Billing address and phone number associated with the account.
  7. Depending on the billing information provided to the Service, the Client and the Provider may be asked to fill out additional forms and provide acknowledgements and acceptance documentation from the Client and the Provider and respective financial institution.

The Service may, at its sole discretion, choose to validate the billing or payment information that the Client and the Provider provide. Depending on the type of billing The Client and the Provider select, this validation may be done in the form of an authorization or debit. The Client and the Provider agree and acknowledge that an authorization will affect the available balance of an account and funds authorized may not be available for use for up to 10 business days. The Client and the Provider agree that a debit will affect not only the available balance, but also the overall balance of an account and that funds debited expressly for purposes of authorization will not be available for up to 10 business days.

The Client agrees and acknowledges that PAYMENT IS REQURIED UP FRONT, AT THE TIME OF PURCHASE FOR THE FULL AMOUNT OF THE PURCHASE. The Client agrees and acknowledges that funds debited from the Client’s account, at the time of purchase will either be paid directly to the Provider (less the Fee owed to the Service) or Funds in Reserve by the Service until services have been rendered and acknowledged or goods delivered and acknowledged. Once goods and services have been rendered and acknowledged, funds will be paid directly to the Provider of said goods and services, less Fees owed to the Service.

All sales are binding. Provider is obligated to provide the promised good or service in a timely, accurate manner and Client is obligated to provide payment for the good and service purchased in a timely, accurate manner.
The price stated for each transaction must be an accurate representation of the good or service that is offered. Any activity, whether by the Client or the Provider, designed to avoid the payment of the Fee is expressively prohibited. If the Service believes, in its sole discretion, that the Client or the Provider is attempting to avoid payment of any and all the Fee, it may choose to suspend or terminate the Client’s or the Provider’s account and take action to secure the Fee.

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COMMUNITY GUIDELINES POLICY
As portions of the Service allow both the Clients and the Providers to post content that are publically accessible, the following guidelines help to ensure a good experience for all users of the Expert Connect community.

Posting Information or Content. The Client and the Provider agree to provide true, accurate and complete information whenever posting any information or content on the Site (including but not limited to posting a request for Services, providing a bid for a posted project, posting an answer toan Ask an Expert question, posting the Client or the Provider profile and providing feedback). The Client and the Provider agree to update such information whenever it changes. The Client and the Provider agree to use good judgment when posting information, remarks or other content regarding other Clients, Providers, Expert Connect or any other third party.

The Client and the Provider understand that they may be held legally responsible for damages suffered by other Clients, Providers, Expert Connect or any third party as a result of legally actionable or defamatory comments, remarks or other information or content posted to the Expert Connect Site. Under federal law (specifically, the Communications Decency Act of 1996), Expert Connect is not legally responsible for any remarks, information or other content posted or made available on its Site by any user or third party, even if such information or content is defamatory or otherwise legally actionable. Expert Connect is not responsible for and does not monitor or censor content for accuracy or reliability.

Expert Connect reserves the right to remove or restrict access to any information, content or Project posted or made available on the Service in its sole discretion, or if ordered to do so by a court, or if Expert Connect considers such information or content to be in violation of the Terms of Service.
The Client and the Provider agree to NOT do any of the following on the Service:

  1. Post any project, Ask an Expert, submit any proposal, or otherwise use Expert Connect to transmit any content or conduct any transaction that would violate any applicable law or regulation in the U.S. and any other country.
  2. Post any project or Ask an Expert that is fake, posted without the intention to hire or complete the project or posted only to receive pricing information.
  3. Post any project or Ask an Expert that request free services.
  4. Post any project or Ask an Expert, bid, deliverable or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's web site or copyrighted materials or such third party's rights of publicity or privacy.
  5. Post any project or Ask an Expert, bid, deliverable or transmit any content related to or containing any

adult or sexually explicit material.

  1. Post false or misleading information about a product, service or service request.
  2. Post logos, seals or slogans from third parties on the Service unless such material is provided by Expert Connect, an Expert Connect partner, the Client or the Provider and the poster have received express written permission from Expert Connect to display such third-party logo, seal or slogan.
  3. Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
  4. Post or transmit unprofessional or offensive comments about a Provider, Client, Expert Connect or any third party.
  5. Post any project or Ask an Expert, submit any bid that violates, or has the potential to violate the integrity of academic and professional applications, tests and work: for example, by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
  6. Suggest or solicit another Client or Provider to make direct contact in order to buy or sell services outside of the Expert Connect service.
  7. Access, tamper with or use non-public or non-authorized areas of the Service. Unauthorized individuals attempting to access these areas of the Service site may be subject to prosecution.
  8. Tamper with postings of other Clients, Providers or Expert Connect.
  9. Solicit or gather any Client’s, Provider’s or Expert Connect information available from the site, such as other  usernames, names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
  10. Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Service.
  11. Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from Expert Connect.
  12. Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit a person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
  13. Post projects or Ask an Expert that violate the Terms and Conditions of other companies.
  14. Frame or link to the Site except as permitted in writing by Expert Connect.
  15. Impersonate or misrepresent the Client’s or the Provider’s affiliation with any person or entity.
  16. Repeat any action after receiving warning or request to desist from Expert Connect, whether or not that action is explicitly prohibited in the policies stated on the Site.
  17. Fail to respond to an email from Expert Connect regarding violation, dispute or complaint within two business days.
  18. Use the Site without being able to form legally binding contracts, being under age or while temporarily or indefinitely suspended from our Site.
  19. Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
  20. Copy, modify or distribute content from the Site, except for the Client’s or the Provider’s own information and use, without the prior express written permission from Expert Connect.
  21. Select a Client or hire a Provider on the basis of religion, sex or race.
  22. Violate a request by Expert Connect to not post projects or Ask an Expert deemed by Expert Connect in its sole discretion to be contrary to the interests of the Service or the Expert Connect User community.
  23. Violate any other policies stated on the Site. Violation of these rules may result in suspension or termination of the Client’s or the Provider’s Account, in addition to all other remedies available to the Service or other users or members. If the Client or the Provider is aware of a potential violation, please contact Customer Service. In order to operate the Site, Expert Connect must have certain rights. Consequently, when the Client or the Provider posts information, text, files, links, attachments, software or other materials to publicly visible areas of the Service, The Client and the Provider grant, or warrant that the owner of such content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such content (in whole or in part) and/or to incorporate such content in other works in any form, media or technology now known or later developed.

EXPERT CONNECT AND ANCESTRY.COM
Registering on Expert Connect and/or using the services on the Service does not guarantee or imply access to or a subscription to Ancestry.com.

CLARIFICATION OF RELATIONSHIPS
The Service provides a venue where the Clients of family history-related services and the Providers of family history-related services can connect and collaborate. The Service is not involved in the Project which results in a contract between the Client and the Provider. The Service does not control, manage or guarantee the accuracy or quality of the Client’s proposal or the Provider’s work.

PERFORMANCE OF PROJECT CONTRACTS. Upon acceptance of a proposal, the Client agrees to purchase, and
the Provider agrees to deliver, the agreed upon Project in accordance with the Project Contract as reached between those parties. The Client and the Provider agree not to enter into any contractual provisions in conflict with the Terms of Service. Any provision of a Project Contract in conflict with these Terms of Service is void. The Client and the Provider each covenants and agrees to act with good faith and fair dealing in performance of the Project Contract. Furthermore, the Client and the Provider each acknowledges and agrees that the value, reputation, and goodwill of this Service depend on their performance of the foregoing covenants and agreements. The Client and the Provider therefore agree that the Service has the right to take such actions with respect to the Project Contract, including without limitation suspension, termination, or legal actions, as the Company in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Company and the Service. The relationship between the Clients and the Providers is that of independent contractors. The Project performance by the Provider shall be as an independent contractor and nothing in the Terms of Service shall be deemed to create a partnership, joint venture, agency, employer-employee relationship or otherwise between the Client and the Provider, or among the Provider, the Client and/or the Company.

PROJECTS. By registering to use the Service, The Client and the Provider agree to abide by these Terms and
Conditions whenever participating in a Project Contract. The Service is not directly involved in the transaction between Client and Provider. As a result, the Service has no control over the truth or accuracy of the listings, the quality of the services provided, the ability of Providers to deliver services or the ability of the Clients to pay for services. The Service does not pre-screen Clients or Providers or the content or information provided by Clients or Providers. The Service is not responsible for and does not monitor or censor content for accuracy or reliability. We reserve the right to restrict access to or remove any information, content or Project posted or made available via the Service if we consider such information or content to be in violation of the Terms of Service.

The Client and the Provider agree that the Service is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by the Clients or the Providers on the Service. Clients and Providers use the Service "as is" and at their own risk.

TAXES. The Provider is responsible for payment and reporting of any and all taxes. The Service does not collect or pay any state or federal taxes. The Service is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. For providers residing in the United Kingdom, France, Germany, Italy, Sweden and Ireland, the Service will collect VAT on the project fee, and the balance of the Client payment after the project fee and VAT are collected will then be remitted to the Provider.

PROVIDERS. The Service contains a listing of Providers. The list is populated with information from the Providers themselves. The Service cannot confirm or verify the information contained in it. The information contained in this listing may not be used for any purpose other than to use the Service.

COMMUNICATION. Upon acceptance of the Client’s proposal, the Client agrees to purchase, and the Provider agrees to deliver, the Services in accordance with these Terms of Service and the Project Contract reached between the Client and the Provider as the parties. Communication is the key to a great experience. To help with the communication among properly registered Clients and Providers, the Service will provide communication capabilities to facilitate the offering for purchase, purchasing and project management of family history goods or services. This includes the Private Message Board for communication between the Client and the Provider during the course of a Project. The Client and the Provider are solely responsible for their interactions on this communication services and agree to abide by all rules and guidelines regarding the use of these communication services.

The Service strongly encourages the Clients and the Providers to only use the Service’s communication services during the course of a transaction. This is a requirement to be eligible for Service assistance with Dispute Resolution or Arbitration. The Client and the Provider agree to exercise caution and good judgment in all interactions with other individuals or entities using the Service.

The Client or the Provider may choose to communicate with a Client or a Provider outside of the Service’s communication services, but does so AT THEIR OWN RISK. If communication occurs outside of the Service, the parties will not be eligible for the Service Dispute Resolution or Arbitration services. The Client and the Provider should use common sense and be careful when communicating with a Client or a Provider of the Service.

CHANGE IN A PROJECT CONTRACT. If, during the life of a Project, it becomes necessary to change the agreed upon terms, either the Client or the Provider may complete a Change in Terms request in the Service system. Both the Client and the Provider must communicate through the Private Message Board and agree on the new terms in order for the change to the initial order to be in effect.

PROVIDER RATING. To maintain quality experiences for all participants in the Expert Connect system, the Providers will be rated by the Clients and by the Service system. (System ratings are automated and simply record the Provider’s willingness to work with and within the system.) A favorable rating will ensure other Clients will want to continue to work with
the Provider.

CONTENT. Portions of the Service provide a place where the Clients and the Providers may view content provided by other Clients and Providers of the Service, to which the Clients and the Providers may contribute appropriate content. For this Content, we are a distributor only. By submitting content into the Service site, the Client or the Provider grant the Company, the corporate host of the Service, a non-exclusive, perpetual, worldwide license, including specifically the right to sublicense, to the content to host, display, publish, distribute and otherwise use that Content and allow hosting, display, publication, and distribution of that Content to the extent and in that form or context we deem appropriate. Should a Client or a Provider place content onto the Service site, the Client and the Provider understand that it will be seen and used by others. A Client or a Provider should submit only content which the Client or the Provider owns and will not violate the property or other rights of other people or organizations. We are sensitive to the copyright of others. For more concerning copyright issues, view our Copyright Policy (see below). We will not edit or monitor user provided content. However, we reserve the right to remove any provided content that comes to our attention and that we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

Clients and Providers are solely responsible for their conduct and activities on and regarding to the Service and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") submitted, posted, and displayed on the Service in any public message area or through any email feature. The Client and the Provider content shall not:

  1. Be false, inaccurate or misleading
  2. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  3. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing or in any way otherwise unlawful
  4. Be obscene or contain child pornography

RECORD KEEPING.  We strongly recommend the Client and the Provider maintain their own copies of files and transactions for personal record keeping and auditing purposes. The Client and the Provider are responsible for the creation, storage, and backup of business records. The Terms of Service and any registration for or subsequent use of this Service will not be construed as creating any responsibility on the Service’s part to store, backup, retain, or grant access to any information or data for any period.

SYSTEM INTEGRITY. The Client and the Provider may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Service or any transaction being conducted on our Service, or to surreptitiously intercept or expropriate any system, data or personal information from the Service. The Client and the Provider may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.

WARRANTIES AND DISCLAIMER.
Warranties. Each party acknowledges and warrants that it has the right and authority to enter into this agreement The Client and the Provider warrant and acknowledge that they are (i) using the Service solely for the purpose of entering into a legitimate business transaction with other registered users (ii) that by using the Service that the Client or the Provider will not mislead, defraud any person, persons or entity, including, but not limited to the Company or any registered user; (iii) the Clients and the Providers use of the Service will not violate any law or regulation of the State of Utah; The United States of America or the country in which the Client or the Provider resides.

We (INCLUDING SITE, SERVICES, OWNERS, OPERATORS, ETC.) PROVIDE THE SERVICE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION. WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF NON-INFRIDGEMENT, MERCHANTABILITY, PERFORMANCE, QUALITY, IDENTITY OR RELIABILITY OF ANY REGISTERD USER, OR AS TO THE ACCURACY OF THE POSTINGS, SERVICES OR INFORMATION MADE ON AVAILABLE ON THE WEBSITE OR WITHIN OR THROUGH THE SERVICES BY ANY REGISTERED USER. To the extent the Client’s or the Provider’s jurisdiction might disallow these limitations, such Client or Provider may have rights other than mentioned here.

Disclaimer.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE HELD LIABLE TO A CLIENT OR A PROVIDER OR ANY OTHER REGISTERED USER, INDIVIDUAL OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE SERVCIES. WE DISCLIAM ANY IMPLIED WARRANTIES OF NON-INFRIDGEMENT, MERCHANTABILITY, PERFORMANCE QUALITY, IDENTITY OR RELIBILITY OF ANY REGISTERED USER, OR AS TO THE ACCURACY OF THE POSTING, SERVICES OR INFORMATION MADE ON SERVICES BY ANY USER, NOR SHALL WE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR REPUTATION, EVEN IF ADVICES OF THE POSSIBILITY OF SUCH DAMAGES.
No advice, information or feedback provided to the Client or the Provider by the Service (in any format) will create any warranty.
No promise or guarantee provided to the Client or the Provider by any user of the Service will create any warranty.
In the event that the Client or the Provider has a dispute with one of more users using the Service, the Client and the Provider release us, our officers, directors, employees, agents and all our subsidiaries from claims, damages and demands of every kind or nature that relate in any way, shape or form to the use of the Service. The Client and the Provider waive the provisions of any state or federal law limiting or prohibiting a general release.
Notwithstanding any other provisions of this agreement, the Service’s liability in any circumstances is limited to the amount of service charges actually collected by the Service for the Client or the Provider during a six month period preceding determination of liability.
The Service does not guarantee continuous, uninterrupted access to the Service, nor shall the Service be held liable for any unavailability of the Service due to maintenance, downtime etc. The Service is not liable for any loss of data, information or transactions due to delays, unavailability, maintenance or downtime of any sort for any reason.

GOVERNING LAW.
The Service is operated from our offices in the State of Utah in the United States of America. The Client and the Provider agree that this Agreement shall be interpreted and governed with and by the laws of the State of Utah. The Service makes no guarantee or representation that the content of the Service, or services rendered on Service are appropriate and legal for use in other locations.

INDEMNITY.
You agree to defend, hold harmless and indemnify us from and against any and all losses, costs, expenses, damages or other liabilities incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Service (ii) your decision to supply credit information via the Service, including personal financial information; (iii) your decision to submit postings and accept offers from others; (iv) any breach of contract or other claims made by persons with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Provider; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

COPYRIGHT POLICY
The Generations Network ("we", "us" or "our") owns and operates the Service. The design, content and graphics of this Service and all other elements created by us, or by third parties as work for hire, or where the copyright has been assigned to us or one of our subsidiaries, is subject to copyright protection with all rights reserved.

To obtain permission to use any of these copyrighted elements, which permission may be granted or refused in our sole discretion, please write to the address below with a full description of the element which you desire to use, the purpose, place and extent of use intended, and full contact information including name, address, phone, fax and email to:

Copyright Permissions
The Generations Network
360 West 4800 North
Provo, Utah 84604 USA

or

Fax: (801) 705-7380

Content which has been contributed to the public areas of the Service listed above by users (this includes Clients and Providers) remains the property of the submitter or the original creator and we are a licensed distributor of such content. Material created and submitted by a Provider to a Client through a service offering, unless the submitter specifically states in writing to the contrary and this exception is also agreed upon in writing by the Client, is the property of the Client.

The Service is sensitive to the copyright of others. Provider should submit only content that will not violate the property or other rights of other people or organizations. Please note that the Service is a venue for these transactions and the poster, not us, is the one who has violated copyright if such violation has occurred. We do, however, reserve the right to respond to substantiated claims of violation. In such a case, the person who believes that he/she have a claim under copyright should send a claim of copyright violation to:

David P. Farnsworth
Copyright Agent for Notice
The Generations Network, Inc.
360 West 4800 North
Provo, Utah 84604 USA

or

Email copyright@tgn.com.

All the following must be included in the allegation of violation:
Identification of the copyrighted work claimed to be infringed, and the basis of the claim
Identification of the material which is claimed to be infringing, including the URL
Full contact information on the claimed copyright owner or other claimant (who must have a license which is being infringed or other standing to make the claim) including name, address, telephone, fax and email information
A statement, under penalty of perjury, that the information sent is accurate and the complaining party is the owner or an authorized agent of the owner
A physical or electronic signature of the claiming party
The Service does not claim ownership rights of content posted to the Service while using the Service. Content posters grant the Service a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicensable right to exercise all copyright and publicity rights the content poster might have in that content.
Submit only content that belongs to you and will not violate the property rights or other rights of other people or organizations. The Service is sensitive to copyright and other intellectual property rights of others. The Service reserves the right to remove any submitted content that it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others.
By posting content on the Service, it is theoretically possible for a third party to re-posc Content that you have submitted. You agree to hold the Service harmless for any dispute concerning third party use.

REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the right and or full corporate power and authority to enter into this Agreement.

You: You represent and warrant that (i) you are using the Service solely for the purpose of entering into a bona fide business transaction with other registered users; (ii) your use of the Service will not defraud or mislead any person or entity, including without limitation Guru.com or any Register User; (iii) your use of the Service will not violate any law or regulation of the United States of America.

You represent and warrant that (i) you are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America (ii) you are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury's Office of Foreign Assets Control ("OFAC"); (iii) you will not use the Service in connection with any "prohibited transaction" as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.

We. WE REPRESENT AND WARRANT THAT THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WHERE IS, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRENTY OF NON-INFRIDGEMENT, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY REGISTERED USER OR THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SERVICE BY ANY REGISTERED USER.

CUSTOMER SUPPORT
Questions.  If you have questions, suggestions or need help regarding a Project, use of the Service, payments or delivery of Projects by a Provider, please contact Customer Support.

Report Abuse.  If a Client or a Provider observes abuse of any kind on the Service, such Client or Provider must report that abuse to the Service. The Client or the Provider may do so by completing and submitting the form provided at Report Abuse anywhere on the Service or by contacting Customer Support.

NOTICES AND COMMUNICATIONS
COMMUNICATIONS WITH THE SERVICE
The Service will send electronic mail to or post communications to communicate with the Client and the Provider. The Client and the Provider consent to receive communications from us electronically and agree that these electronic communications satisfy any legal requirement that such communications be in writing. The Client and the Provider will be considered to have received a communication when the Service sends it to the email address provided to the Service, or when the Service posts such communication. The Client and the Provider must keep update the email address listed on the Service and must regularly check this Service for postings. If the Client or the Provider fail to respond to an email message from the Service regarding violation, dispute or complaint within two business days, the Service will have the right to terminate or suspend the either the Project or the Client’s or the Provider’s account.

All notices to the Service intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:

Expert Connect
c/o The Generations Network
360 West 4800 North
Provo, Utah 84604 USA

Such notices to the Service are deemed effective upon receipt.

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DISPUTE RESOLUTION POLICY
Any dispute, in connection with a service provided by the Provider or payment made by the Client, remains between such the Client and the Provider. By using the Service, the Client and the Provider agree to be bound by the Dispute Resolution Policy ("Policy") between the Client and the Provider. The Service may, at its sole discretion, and in the case of funds held in reserve may be required to withhold or delay payment or continue to hold amounts in reserve or make payment or release amounts In Reserve, in the event of dispute between a Client and a Provider.

Dispute Notice Form.  If the Provider or the Client have come to a contractual agreement on the Site, the Client has placed Funds In Reserve or released funds to the Provider by agreeing to complete the project, within the first 30 days of releasing the funds, then the Provider or the Client has the right to upload to the site a completed Dispute Notice Form ("the Notice") as made available by the Service at "File Dispute" on the Change Bid page.

Contrary Instructions.  In the event the Provider or the Client completes a Notice through the File Dispute link, the Service’s Administrator ("Administrator") will post the form and instructions on the online message board accessible by both the Provider and the Client. The other party will have two business days to respond to the claims on the Notice with Contrary Instructions ("the Contrary Instructions"). Contrary Instructions is a good faith written representation: (1) if by the Client, that the Client has not received all Milestone Deliverables required for a release of funds pursuant to their agreed-to terms; or (2) if by the Provider, that Provider has delivered all Milestone Deliverables required for a release of funds.

Failure to Upload Contrary Instructions.  In the event the Client or the Provider does not upload the  Contrary Instructions to the Service’s message board within two business days following Expert Connect Administrator’s original upload of the Notice to the message board, the Administrator will post a new message requiring response within two more business days. If the Client or the Provider does not respond within those two additional business days the Client and the Provider will be deemed to have agreed to the release sought in the Notice and in accordance with such Notice either: (1) The Client and the Provider will be deemed to have authorized and instructed the Service to, and the Service will, release funds to the Provider, or (2) the Provider and the Client will be deemed to have authorized the Service to, and the Service will, refund the Client, as the case may be. The Service has the right to terminate or suspend the non-responding party’s Expert Connect Account.

Response to the Contrary Instructions.  In the event the Client or the Provider timely uploads the Contrary Instructions to the message board, the Provider or the Client will have the right within two business days to upload a good faith response to the Contrary Instructions. This includes uploading any electronic files the Client and the Provider may have exchanged outside of the Service. The Client and the Provider have the right to upload and respond, with the goal of resolving in good faith any dispute and delivering joint written instructions to the Service concerning a release. The Client and the Provider agree to continue such discussion and negotiation until the earlier of: (1) the delivery of joint written instructions to the Service concerning a release of funds, or (2) the date ten business days following the Service's original upload of the Notice to the message board.

Expert Connect Dispute Arbitration.  In the event the Client and the Provider fail to resolve any dispute through the above process within ten business days following the Administrator’s original upload of the Notice, the Administrator will review all correspondence on the site, including the message board, attached message board files, and agreed-to project description. The Administrator will alert both the Client and the Provider of the Administrator’s Dispute Settlement decision ("Settlement"), and allocate release of funds and/or refund accordingly. Based on the Settlement the Administrator will also change the project’s status to either: In Process, Closed, or Cancelled.

Funds In Reserve During Dispute Resolution Process.  During the Dispute Resolution Process, the Service will continue to hold the Funds in Reserve, without release, pending a resolution.

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ANCESTRY.COM/EXPERTCONNECT PRIVACY POLICY
TGN Services, LLC, the operator of this Service, recognizes the confidentiality of information that may be disclosed by the Clients and the Providers in registering or purchasing services from our Service and we are committed to protecting users’ privacy. This policy relates only to information you may disclose directly to us as a consumer of the services we provide, and does not relate to information about yourself which you might post via the Service into a public place or make available to other users of the Service. That posted information or information disclosed to another party will be considered made public by you and we have no responsibility or liability for the publication. The following discloses our consumer information gathering and dissemination practices for this Service.

The specifics of our use of personal information are best described in the answers to the following Frequently
Asked Questions:

1.Does the Service ask for personal information from its members?

Yes. We ask for your name, e-mail address, and other limited personal information when you sign up as a member, and when you select to either purchase or provide family history services on this venue that we  provided. To facilitate payment and fulfillment in connection with agreements made via this venue and other purchases from us, we will request personal credit card, debit card or other payment information.

2.How does the Service use personal information?

The primary use of your personal information is to facilitate the purchase or rendering of a genealogical service and to establish and verify that the information you have listed about yourself is accurate and true.
We will also use registration information to let you know about new features or other offers of interest from us and to address customer service needs and requests.

In distributing advertiser or sponsor messages, the advertiser is not given access to individual account information. We do not sell, rent or otherwise distribute the personal information you provide Us to these advertisers for their use. Advertisers simply provide the advertising message and Our sites then display the ad to appropriate users.

3.Will the Service disclose any personal information to third parties?

We will not disclose your personal information provided in connection with membership registration or purchases, except as described in this Privacy Statement or as may be required by law, or to protect Our rights or property.
Information submitted by you online (such as information about products you purchase from Us, your name, address, e-mail address) may be shared with companies with which we have a commercial relationship and through which you reached the Service for marketing purposes. For example, if you make a purchase with us because of a special offer made through another website acting as a distributor of Our venue, in that circumstance you will be considered their customer as well. We will not, except as may be required by law, share with any other party your password or payment information.

Other circumstances where limited personal information may be disclosed are specifically described when the data is collected, or in the rules of sweepstakes or other promotions.

We do reserve the right to disclose aggregated user statistics, such as "45 percent of our users are female" or "10,000 members indicate an interest in gardening" in order to describe Our services to prospective partners, advertisers, and other third parties.

Under protection of confidentiality agreements, we use third party processors in some cases to help Us provide services and manage our services and relationships with you. These may include purchase and order fulfillment, credit card processing, removing duplicate information from lists, providing marketing assistance and providing other customer services. Third-party processors and providers will be given access only to that information needed to perform their support functions, and are prohibited from using it for other purposes.

As our business continues to grow, we might buy or sell subsidiaries or business units. In these transactions, customer information is often one of the transferred assets, remaining subject to promises made in existing privacy statements. Also, in the event that TGN Services, LLC, or substantially all of its assets are acquired, customer information will, as a matter of course, be one of the transferred assets.

4.What about purchases from advertisers or other linked websites?

If you click away from Us to visit the website of any third party advertiser or sponsor, you may be asked for your credit card or other personal information in order to purchase or use products and services offered. These companies have their own privacy and data collection practices. We have no responsibility or liability for these independent policies. You should therefore review their privacy policies carefully if you have concerns about how your information may be used.

If a consumer or provider of genealogical goods or services solicits you and requests that you provide them with your password, billing information or other personal information, we strongly urge you to not comply with the request and to contact us immediately. You are liable for maintaining the security of your password, billing and personal information.

5.Will the Service use my personal information for direct mailings?

We will send electronic mail or other mail to you for the purpose of informing you of changes or additions to the Service or Ancestry.com or The Generations Network, Inc. related products and services. If you do not want to receive such mailings, you may opt out at any time by using the unsubscribe link listed in the e-mail or by amending your "newsletter and email preferences" in the "My Account" section of the Service.

6.May I refuse to provide my personal information to the Service or to accept advertising?

Visitors may access the Service’s free services by providing a first name, last name, and e-mail address or other information that we may deem appropriate for that purpose. To gain full access to the members-only areas, a username, e-mail address and appropriate billing information are required. Because the Service is partially advertiser supported, you may not "turn off" the advertising that appears on Ancestry.com pages, but you may opt to be excluded from any e-mail advertising.
7.Does the Service use "IP Addresses" and cookies?

IP Addresses. We do use your IP address to help diagnose problems with our server, and to administer our Service. Your IP address is also used to gather broad demographic information such as geographic distribution of our members and may be used to "geolocate" our members to allow us to provide services appropriate to your place of residence.

Cookies. Contrary to popular myth, cookies do not extract private or personal information from your computer’s memory, but rather, record only information you volunteer to us upon registering or visiting the Service. Cookies are tiny files placed onto the hard drive of your computer when you register at our Service that enable our server to recognize or "remember" who you are each time you return. We may make limited use of cookies to deliver content specific to your interests. For instance, we may use cookies to retain your personal preferences, hold session information for a "shopping basket," or save your password so it doesn’t have to be re-entered each time you login.

You can delete or block cookies from your computer if you want to (your browser help function should tell you how to do this), but certain Ancestry.com services may not work correctly or at all if you delete and/or block cookies.

Advertiser Cookies: We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here. The Company uses the Tacoda Audience Network ("TAN") to serve targeted advertising. If you wish to opt-out from TAN and other offerings, click here.

8.When do you distribute or publish information on the living on your Service?

Posts contributed by our members to message boards and other community areas may include information on the living. While we advise our members to be sensitive to privacy issues, we have no control over the content of these posts. If such a post violates our Terms and Conditions, you may notify us at "report abuse" and we will help work toward resolving the issue.

CONTACTING US
If you have any questions about this Privacy Policy, the practices of or your dealings with us, you may contact us at the following address: TGN Services LLC., Attn: Customer Service, 360 W. 4800 N., Provo, UT 84606

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