We thought you might appreciate a brief plain English version of the formal, detailed agreement you enter into when you use Genlighten.com.
Youre committing to us that –
You also understand that –
Furthermore, if youre a Lookup Provider, you commit to us that –
And you understand that –
For purposes of this Agreement, (a) "Genlighten", "Genlighten.com", "us" or "our" means Enlightened Research, LLC, an Illinois Limited Liability Corporation, (b) "Website" or site means the Genlighten website located at Genlighten.com, and any successor website thereto, including all services provided by us to you through the service platform on the Website, (c) "Services" means any service that you sell, offer to sell, request, purchase, and/or provide on or through the Website, (d) "Affiliate" means any entity controlled by, in control of, or under common control with Enlightened Research, LLC, (e) "Lookup Client", User, LUC or Client means you, if you use the Website to request that a Lookup Provider perform Services, (f) "Lookup provider" or Provider or LUP means you, if you use the Website to perform Services for a Lookup Client, (g) "User Account" means any customer account that you have established with a website owned or controlled by Enlightened Research or its Affiliates, or operated by Enlightened Research or its Affiliates on behalf of third parties, including without limitation those websites currently located at http://www.genlighten.com, and any successor or replacement websites.
BY REGISTERING FOR AND USING THIS WEBSITE, YOU CERTIFY THAT (1) YOU ARE AT LEAST 18 YEARS OLD; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND YOURSELF OR THE COMPANY YOU REPRESENT; (3) YOU AUTHORIZE THE ELECTRONIC TRANSFER OF FUNDS TO YOUR BANK ACCOUNT IN ACCORDANCE WITH SECTION 6 OF THIS AGREEMENT; AND (4) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS OF THE PAYMENT SERVICE DESCRIBED IN SECTION 6 AND ALL APPLICABLE POLICIES, PROCEDURES, AND GUIDELINES.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF GENLIGHTENS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
Genlighten is acting solely as an intermediary facilitating the provision of genealogical research services by Lookup Providers to their Clients. Neither the Providers offering services on this Website nor their Clients are in any way employed or contracted with Genlighten, nor are they agents or employees of Genlighten. Subject to applicable law, in no event shall Genlighten, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind caused by any such Clients or Providers, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise caused . The foregoing limitation shall apply even if Genlighten knew of or ought to have known of the possibility of such damages.
To use certain features of the site, you may be asked to register with the site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. When registering, you will not impersonate any person or use a name that you are not legally authorized to use. If Genlighten has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Genlighten has the right to suspend or terminate your access to and use of the site (or any portion thereof).
By registering with Genlighten to offer genealogy lookups, you are designating yourself as a Lookup Provider. Lookup Providers are researchers, specialists, professionals and the like who have chosen to register an account with Genlighten in order to provide genealogical research services to registered Genlighten users. You acknowledge that in registering as a Lookup Provider, you will conform to state and federal laws in providing such genealogical research services.
To use certain features of the site, you may also need a username and password, which you will receive through the site registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Genlighten immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Genlighten cannot and will not be liable for any loss or damage arising from Genlighten's failure or your failure to protect your password or account information.
All materials displayed or otherwise accessible through the Website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under American and foreign copyright or other laws, and are owned by or licensed to Genlighten. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to American and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF GENLIGHTEN.
None of the foregoing shall hinder clients from the free use and dissemination of the document images delivered to them by our providers as part of the lookup transaction process.
The Website provides features that allow you to post messages and content, to interact with Genlighten and other users and to upload files, documents or other materials to Genlighten users (collectively, Submissions). When using any features of the Website which allow you to post, upload or make Submissions, it is a condition of your use of the Website that you observe the rules of etiquette and that you do not:
Genlighten is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Genlighten.
While Genlighten is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website and terminating the submitting party's right to access and use the Website (or any portion thereof).
To the extent you receive any contact or personal information regarding any Lookup Provider or Lookup Client, such information may only be used as necessary for you to comply with applicable laws and for no other purpose whatsoever.
The Genlighten Website is designed to allow Lookup Providers and Clients to communicate with each other without the need to exchange e-mail addresses. Instead, Clients and Providers can post notes to each other on a detailed view page associated with each individual lookup request submitted. Additionally, Clients and Providers can choose to receive e-mail alerts directly from Genlighten.com to make them aware of changes in the status of their lookup requests and to prompt them to visit the Website when new notes have been submitted. These features serve to protect the privacy of both Clients and Providers and to help minimize miscommunications due to blocked or misdirected e-mail messages.
Both Clients and Providers agree not to seek to circumvent these privacy features by soliciting each others e-mail addresses through any means. If a Lookup Provider attempts to advertise non-Genlighten research services or other commercial ventures to you or solicits your e-mail address or other contact information, please notify us at email@example.com.
As a User, you will be charged a fee for your use of Genlighten in connection with each request for services. As a User, you agree that upon your request for research services to be performed by a Lookup Provider, payment will be remitted to the Lookup Provider automatically (as described in Section 6 below). After your request for research services has been accepted by a Lookup Provider, you are not entitled to any refund of your payment for such services. Refund policies regarding requests which have been withdrawn before being accepted by a Lookup Provider are described in Section 6 below.
You agree to pay the amounts set forth in the Genlighten fee policies from time to time on the terms set forth herein and therein, and to check the fees and terms each time you use the Website. Please review the applicable Genlighten fees contained in the policies for all applicable fees associated with your use of the Website.
You further agree that you will only accept work product from Lookup Providers that has been submitted through the Genlighten Website. If a lookup provider attempts to advertise research services or other commercial ventures to you or solicits your e-mail address or other contact information for commercial purposes, please notify us at firstname.lastname@example.org.
When you register to provide lookups on the Website, you represent that you have convenient access to the records you are offering to search and that you have prior experience in searching those records for genealogical purposes. You agree to respect and uphold the policies and procedures of the libraries, archives, and other records repositories you visit as part of the lookup process, whether in regard to copyright issues, use of microfilm readers and reader/printers, or safeguarding the documents you access.
As a provider, you further agree to respond promptly and efficiently to e-mail notifications from Genlighten regarding client lookup requests and other client-facing matters, and to notify Genlighten if your e-mail address changes or becomes inaccessible for any reason. If you will be unable to fulfill any of the lookups you currently offer for any period of time beyond 5 days, you agree to change the status of your lookup offerings to Vacation Mode without delay.
You agree to carry out the lookup process in a timely and efficient manner, consistent with the turnaround timeframes you describe to clients in your lookup offering. You further agree to ensure a recognizeably high level of copy quality in the documents you provide.
You agree not to use the Website to advertise non-Genlighten-based research services or other commercial ventures to clients who submit requests to you, or to solicit contact information from clients for such purposes.
You acknowledge that the fees you receive from clients may be considered income by the IRS and that you may be subject to self-employment and other taxes in connection with this income.
When you create a profile on the Genlighten website, you represent that the descriptions you give of your background, experience, genealogical training, membership(s) and certification(s), if any, are accurate and current. At our discretion, we will attempt to verify specific details of your profile and may contact you for documentation of professional credentials. Failure to provide such documentation in a timely manner when requested may result in the termination of your account. Furthermore, if we determine that your profile willfully misrepresents your qualifications as a lookup provider, you may be asked to forfeit fees you have received through Genlighten so we can, at our sole discretion, refund them to your clients.
Your use of the Genlighten Website is at your own risk. Because Genlighten is not involved in the actual transaction between Lookup Clients and Lookup Providers, Genlighten will not be involved in resolving any disputes between participants related to or arising out of the services or transactions.
You recognize and agree that Genlighten will implement mechanisms allowing us and others to track your requests for, or your performance of, services and rate your performance as a Lookup Client or Lookup Provider, and Genlighten reserves the right to collect feedback regarding your performance and to post such feedback on the Genlighten Website. You may not take any actions that may undermine the integrity of the feedback system. You agree that submission of any information, feedback, content, data or other materials (collectively, Materials) is at your own risk, and that none of Genlighten, its affiliates, Registered Users, or Lookup Providers has any obligations (including without limitation obligations of confidentiality) with respect to such Materials. You represent and warrant that you have all rights necessary to submit the Materials. You hereby grant to Genlighten and its affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Materials, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Genlighten Website.
In addition to the grant of the above license, you hereby (i) consent to your username appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (ii) acknowledge and agree that Genlighten is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iii) acknowledge and agree that any Submissions you provide for display on the Website will be considered non-confidential.
Genlighten will process all payments made by Users to Lookup Providers (the Payment Service). User payments made through the Payment Service are received by Genlighten on behalf of Lookup Providers, and may be distributed only in accordance with the terms outlined below. All fees are in U.S.dollars unless stated otherwise. Genlighten fees may vary in the future.
You agree to pay for lookups you request using a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms, including, but not limited to retaining collection agencies and legal counsel.
Genlighten charges its users a processing charge for all research requests by a Lookup Client. In no event will this processing charge be refunded once the request has been accepted by the Provider through the Genlighten website.
We require our lookup providers to set two distinct fees for each lookup they offer through Genlighten: i) a "Document Found" fee and ii) a "Not Found" fee. As a client, you agree to pay the provider's "Document Found" price if the record corresponding to the data you submitted is delivered as promised. You also agree to pay the provider's "Not Found" price if a 'best effort' search fails to yield the sought-for document. Providers are responsible for describing possible outcomes of the lookups they offer within the text of the lookup offering itself. Clients are responsible for reviewing the provider's lookup description before placing their order.
If you cancel a lookup request before the Provider accepts it, or if the Provider declines to process one or more of your lookup requests after reviewing it for clarity and content, you are entitled to a refund of the Providers fee for the lookup in question. The Genlighten processing charge will also be refunded in such cases. Users who abuse this policy and cause Genlighten to incur excessive payment processing fees as a result may have their rights to a refund of processing charges rescinded.
Once a Provider accepts your lookup request, you are obligated to pay either the Provider's "Document Found" or "Not Found" fee, depending on the outcome of your lookup request. The Provider makes the determination whether to designate a particular lookup as "Document Found" or "Not Found". Neither Genlighten nor the Provider is under any obligation to issue a refund of fees received if a requested document is not found despite a thorough search.
When you indicate that you have completed a particular lookup request by uploading the requested document(s) or a "Not Found" report to the site, your Provider fee – minus our current commission – will be added to your Provider account balance at Genlighten.com. Interest will not be paid on amounts held in your Provider account.
To protect both Clients and Providers against possible fraud, fees credited to Provider accounts are held in escrow for one week after they are received. These fees become available for distribution to Providers on a rolling basis as the escrow period associated with each completed lookup expires.
You may have your accumulated non-escrowed Provider account balance distributed to you at any time. You initiate this process on the Provider Fees page. If the amount you elect to transfer is smaller than $50, we deduct 2% of the transfer to offset the transfer fee we incur. If the transfer amount is $50 or greater, Genlighten covers the transfer fee for you.
If you believe the provider account balance displayed by the Provider administration page to be in error, or if you suspect an error in any payment distribution transactions related to your account, you should contact Genlighten promptly at email@example.com.
We will not be liable if we are not able to complete a transaction for any reason, including, but not limited to,
The Genlighten Website provides referrals and links to other World Wide Web sites. The mention of another party or its product and/or services on this Website should not be construed as an endorsement of that party by Genlighten unless otherwise stated. Genlighten is not responsible for the content or practices of third-party sites that may be linked to from our Website.
GENLIGHTEN and GENLIGHTEN.COM are official service marks of Enlightened Research, LLC. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of Genlighten or third parties. While certain trademarks of third parties may be used by Genlighten under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between Genlighten and the owner of said trademark or to imply that Genlighten endorses the wares, services or business of the owner of said trademark. Nothing contained on the Website should be construed as granting you any license or right to use any trademark logo or design of Genlighten or any third party, without the written permission of Genlighten or the respective owner of any third-party trademark.
You agree to indemnify and hold Genlighten, its officers, directors, employees, agents, licensors, or their respective successors and assigns harmeless from any loss, liability, claim, or demand, including reasonable accounting and attorneys fees as a result of your breach of this agreement or (the documents reference herin), your violation of any law or the rights of a third party, or your use of the Genlighten website.
The Website (excluding linked Websites) is controlled by Genlighten. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of Illinois. You agree and hereby submit to the non-exclusive jurisdiction of Illinois courts with respect to such matters.
Genlighten may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website, (or any portion thereof). Genlighten may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL GENLIGHTEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF GENLIGHTEN KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
GENLIGHTEN, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES ARE NOT RESPONSIBLE FOR INAPPROPRIATE, DEFAMATORY, OR MALICIOUS CONTENT POSTED ON THE WEBSITE, AND, PURSUANT TO SECTION 230 OF THE COMMUNICATIONS DECENCY ACT, RESERVES THE RIGHT TO EDIT OR DELETE SUCH CONTENT, OR REMOVE REGISTRATION PRIVILEGES OF THOSE WHO POST SUCH CONTENT.
BECAUSE GENLIGHTEN IS NOT INVOLVED IN TRANSACTIONS BETWEEN CLIENTS AND LOOKUP PROVIDERS, YOU HEREBY RELEASE GENLIGHTEN AND ITS AFFILIATES (AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS, AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMAND, AND DAMAGES (ACTUAL, CONSEQUENTIAL, AND OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN ONE OR MORE CLIENTS OR LOOKUP PROVIDERS.
THE WEBSITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. GENLIGHTEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.
GENLIGHTEN, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE GENLIGHTEN SERVICES, WHETHER CAUSED BY USERS OF THE WEBSITE, LOOKUP PROVIDERS, ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR GENLIGHTEN SERVICE.
This Agreement and the general terms and conditions of the Genlighten Website, constitute the entire agreement of the parties with respect to the subject matter hereof, and supercede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Genlighten that expressly reference this Agreement, this is the entire agreement between you and Genlighten relating to the matters contained herein.
You may not assign this Agreement without our prior written consent. We may assign this Agreement at any time, without notice. Subject to the foregoing, this Agreement will be binding on each partys successors and permitted assigns.
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.
Any consent by Genlighten to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach.