Before using or registering with GenealogyAgent.com, please review the following terms and conditions (the Agreement) which define your rights, responsibilities and benefits as a user of GenealogyAgent.com.
GenealogyAgent.com Terms and Conditions of Use
GenealogyAgent.com is an Internet service (the "Service") owned and operated by Barry & Associates, Inc. ("we," "our," or "us"). "You" or "your" means an adult user of the Service for itself and you as parent or guardian for any minor who you allow to access the Service, for whom you will be held strictly responsible. Your use of the Service indicates that you are bound by this Agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this Agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service.
Limited Use License
You are licensed to use the Content only for personal or professional family history research, and may use the Content only as it is relevant to that research. Online or other republication of Content is prohibited. Violation of this License may result in immediate termination of your registration and may result in legal action for injunction, damages, or both.
All Content, with the exception of your Ancestor Content (see User-Provided Content), is owned and/or copyrighted by Barry & Associates, Inc., or third-party providers and may be used only in accordance with this Limited Use License. GenealogyAgent.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
User-Provided Content
Portions of the Service will contain user-provided Content, to which you may contribute appropriate content. There are two types of user-provided Content: (1)website or Webpage Content and (2) Ancestor Content.
website or Webpage Content
GenealogyAgent.com is a distributor only for website or Webpage Content. The user-provided portion of this Content is limited to URLs, Site Titles, Site Descriptions, and a listing of Surnames on Webpages. By submitting website or Webpage Content to GenealogyAgent.com, you grant Barry & Associates, Inc., the corporate host of the Service, a license to the Content to use, host, distribute that Content and allow hosting and distribution of that Content, to the extent and in that form or context we deem appropriate. Should you contribute Content to the site, you understand that it will be seen and used by others under the license described herein. See the GenealogyAgent Monitor Content and the website Content in the Privacy Policy.
Ancestor Content
GenealogyAgent.com keeps Ancestor Content private. It is for your use and the use of the GenealogyAgents acting on your behalf. This Content will not be distributed. See Ancestor Content in the Privacy Policy.
We reserve the right to remove any user-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.
Liability Disclaimer
The information, products, and services included on this Service may include inaccuracies or typographical errors. Changes are periodically made to the information herein. We and our third-party suppliers provide all Content in this Service "as is," and without any warranty of any kind.
Barry & Associates, Inc., and its third-party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the service provided on the Service for any purpose. We and our third-party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or our third-party suppliers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
Barry & Associates, Inc. may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties will be subject to terms and conditions different from those found here. Barry & Associates, Inc. makes no warranty concerning third-party supplied goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third-party supplier and not from Barry & Associates, Inc.
Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of this service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Service.
Registration
As part of the registration process, you will provide your email address. You understand that you may not use the email address of another person with the intent to impersonate that person. To do so will constitute a breach of this Agreement. By registering, you understand that GenealogyAgent.com is owned and operated by Barry & Associates, Inc. in the United States of America and is to be in compliance with the laws of the United States. Access is governed by these terms and conditions under the laws of the State of Minnesota and the United States. Registration as a user results in your user information being stored and processed in the United States, and you, in registering, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration as provided in the Privacy Policy for GenealogyAgent.com.
You shall notify us by e-mail at of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of GenealogyAgent.com, its owners, or agents.
You are responsible for all usage or activity on GenealogyAgent.com via your password-protected account. Distribution of your password to others for access to GenealogyAgent.com is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
GenealogyAgents
By registering, you agree to have our GenealogyAgents act on your behalf to monitor websites of Webpages along with various genealogy site searches for any new information related to your Ancestor Content. Our GenealogyAgents are Software Agents. A Software Agent is software that acts on behalf of a user.
Our GenealogyAgents are designed to detect changes on Internet sites related to your Ancestor Content. Those changes, however, may or may not be significant. You are solely responsible for determining if the detected change is significant. We are not responsible for the content on Internet sites where a change was detected. The operators of the Internet sites we monitor are not responsible for any changes our GenealogyAgents report.
Ancestor Monitors
You need an Ancestor Monitor for each ancestor you want GenealogyAgents to monitor. Barry & Associates, Inc., at its sole discretion, will provide free subscriptions for Ancestor Monitors. You may, at your discretion, subscribe to Ancestor Monitors. You must be 18 years or older to subscribe to an Ancestor Monitor. A paid subscription for an Ancestor Monitor in the Service is on an annual service basis. Your subscriptions will not be automatically renewed. You will be notified by e-mail shortly before your subscription will end and reminded of the opportunity to extend your Ancestor Monitor subscription.
An Ancestor Monitor subscription comes with the option to cancel during the first seven days to receive a full refund. The seven-day period begins on the day you subscribe to the Ancestor Monitor. Cancellations during the seven days may be made by e-mail at and with the email address you provided when you registered.
Communications between GenealogyAgent.com and You.
GenealogyAgent.com will send electronic mail to you on a monthly basis for the purpose of informing you of any changes related to your Ancestor Monitors. You have the option of discontinuing these email messages. See Ancestor Content in the Privacy Policy.
Termination
Should you breach this Agreement we will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your Ancestor Monitor subscription payment will be refunded. Should we decide to suspend your subscription service for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.
Modification to the Agreement and the Service
Barry & Associates, Inc. has the right, at its sole discretion, to modify this Agreement or the Service, including the Content of the Service, at any time. Changes in Service will be posted on GenealogyAgent.com or sent via e-mail. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel any Ancestor Monitor subscription. (See the Ancestor Monitor section.) Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.
Miscellaneous
This Agreement is governed by the law of the State of Minnesota, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Minnesota. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
Official correspondence must be sent via postal mail to: Barry & Associates, Inc., 13504 4th Avenue South, Burnsville, MN 55337, USA.
Last updated: March 2007.