These Website Terms of Service ("Terms") govern your access to and use of the website located at genesislegacyjourneys.comand any related pages, content, and features (collectively, the "Site"). The Site is operated by Tyler Mason, a Texas sole proprietor doing business as Genesis Legacy Journeys("GLJ," "we," "us," or "our").
Please read these Terms carefully. They include important provisions that limit our liability and affect your legal rights, including the disclaimers of warranties, limitation of liability, indemnification, and dispute-resolution provisions below.
1. Acceptance of These Terms
By accessing or using the Site, creating an account, submitting any information through the Site, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site.
These Terms govern your use of the Site only. They are not a contract for any genealogy research, media production, travel, tour, or other services we offer. Those services are governed by a separate written agreement as described in Section 2.
2. Description of Services; Relationship to the Master Services Agreement
GLJ offers products and services that may include documented family-history and genealogy research; preparation of client deliverables such as a dedicated client website and a "research film"; and hosted, guided international heritage travel experiences for small groups. The Site provides general information about these offerings and may allow you to inquire, request a consultation, create an account, or begin a booking.
Any purchase, booking, deposit, or engagement of GLJ's research, media, or travel services is governed by a separate written contract between you and GLJ (the "Master Services Agreement" or "MSA"), together with any policies referenced in the MSA (including any refund, cancellation, and deposit policy; any travel liability and assumption-of-risk waiver; and any media and likeness release). Nothing on the Site constitutes an offer to enter into the MSA, and no contract for services is formed until GLJ and you have executed the applicable MSA and any required deposit has been received. In the event of any conflict between these Terms and the MSA with respect to services, the MSA controls as to those services.
Descriptions, itineraries, pricing, availability, and images on the Site are for general information, may change without notice, and are not guaranteed. International travel components are subject to third-party suppliers, local conditions, and factors outside our control, as further described in the MSA and the applicable travel waiver.
3. Eligibility and Age
The Site is intended for users who are at least 18 years of age (or the age of majority in your jurisdiction, if higher). By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. The Site is not directed to children, and we do not knowingly collect personal information from children through the Site. See our Privacy Policy for more information about children's data.
Where you submit information about other individuals (including family members, relatives, or ancestors), you represent that you are entitled to provide that information to us for the purposes described in these Terms and our Privacy Policy, as further addressed in the Privacy Policy's provisions on data about relatives and living individuals.
4. User Accounts and Acceptable Use
Accounts. Some features may require you to create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at hello@genesislegacyjourneys.com if you suspect any unauthorized use of your account. We may suspend or terminate accounts at our discretion, including for any violation of these Terms.
Acceptable Use. You agree not to, and not to permit any third party to:
- (a) use the Site for any unlawful, fraudulent, or unauthorized purpose, or in violation of any applicable law or regulation;
- (b) upload, submit, or transmit any content that infringes the intellectual-property, privacy, or other rights of any third party, or that you do not have the right to provide;
- (c) upload or transmit any viruses, malware, or other harmful code, or otherwise interfere with, disrupt, or attempt to gain unauthorized access to the Site, our systems, or other users' accounts;
- (d) copy, reproduce, scrape, harvest, frame, mirror, or create derivative works from the Site or its content except as expressly permitted by these Terms;
- (e) use any robot, spider, scraper, or other automated means to access the Site without our prior written permission;
- (f) reverse engineer, decompile, or disassemble any portion of the Site, except to the extent such restriction is prohibited by applicable law;
- (g) impersonate any person or entity or misrepresent your affiliation with any person or entity; or
- (h) use the Site to harass, abuse, defame, or harm any other person.
You are solely responsible for any content or information you submit through the Site and represent that you have all rights necessary to submit it.
5. Intellectual Property
Site Content.The Site and all content, features, and functionality on it — including text, graphics, logos, icons, images, audio, video, "research films" and other media, photographs, page layouts, designs, compilations, software, and the selection and arrangement thereof (collectively, "Site Content") — are owned by GLJ or its licensors and are protected by United States and international copyright, trademark, and other intellectual-property laws. The "Genesis Legacy Journeys" name, logo, and related marks are trademarks of GLJ. Nothing in these Terms grants you any right to use them without our prior written consent.
Limited License to You. Subject to your compliance with these Terms, GLJ grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site, and to view and (where a download or print function is provided) download or print Site Content, solely for your personal, non-commercial use. All rights not expressly granted are reserved.
Client Deliverables. Ownership of, and license rights in, client-specific deliverables — such as a client website, a research film, a trip video, and the research work product — are governed by the applicable MSA and any media and content-usage license, not by these Terms. Where a client grants GLJ a license to use a research film, trip footage, or client materials for marketing or other purposes, that grant is set out in the MSA and/or media release.
Your Submissions. If you submit, post, or transmit any content, materials, suggestions, or feedback to us through the Site (other than personal information governed by our Privacy Policy and other than client deliverables governed by the MSA), you grant GLJ a non-exclusive, worldwide, royalty-free license to use, reproduce, and adapt that content for the purpose of operating and improving the Site and our services, to the extent permitted by applicable law and our Privacy Policy.
6. Third-Party Links, Suppliers, and Resources
The Site may contain links to third-party websites, services, records repositories, or resources, and our services may rely on third-party suppliers (including, for travel components, airlines, ground operators, lodging providers, guides, and other vendors) and third-party research sources and databases. We provide these links and references for convenience and do not control, endorse, or assume responsibility for any third-party website, content, product, service, or supplier.
Your dealings with, and use of, any third-party website or supplier are solely between you and that third party and may be subject to that third party's own terms and privacy practices. Travel suppliers act as independent contractors and are not agents or employees of GLJ. The allocation of responsibility for travel suppliers and their performance is addressed in the MSA and the applicable travel waiver.
7. Disclaimer of Warranties
THE SITE AND ALL SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GLJ DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
GLJ DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY INFORMATION ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT.
Genealogy and research results are not guaranteed. Any family-history information, research findings, lineage, or related results described on the Site or produced in connection with our services are evidence-based but are not guaranteed to be accurate, complete, or conclusive. They are subject to the limitations described in our separate Genealogy-Findings Disclaimer, which is incorporated by reference and which you should read in full. Findings depend on the availability and accuracy of third-party records and sources and may include inferred or unverified elements.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLJ OR ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GLJ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO GLJ FOR ACCESS TO THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
This Section 8 limits liability for use of the Site only. Liability arising out of GLJ's research, media, or travel services is addressed separately in the MSA and the applicable waiver and policies. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury to the extent such limitation is prohibited by law.
Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you.
9. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless GLJ and its owners, members, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party, including any intellectual-property or privacy right; or (d) any content or information you submit through the Site, including information you provide about other individuals without the necessary rights or authority. GLJ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with GLJ's defense of that claim.
10. Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or relating to these Terms or the Site, are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, except to the extent mandatory consumer-protection or other laws of your jurisdiction of residence apply.
Subject to applicable law, you and GLJ agree that any dispute arising out of or relating to these Terms or the Site that is not resolved informally will be brought exclusively in the state or federal courts located in Comal County, Texas, and you and GLJ consent to the personal jurisdiction of those courts. Before initiating any formal proceeding, you agree to first contact us at hello@genesislegacyjourneys.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
11. Changes to These Terms
We may update or modify these Terms from time to time. When we do, we will revise the "Last Updated" date above and post the updated Terms on the Site. Changes are effective when posted unless otherwise stated. Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.
12. Additional Terms
Entire Agreement. These Terms, together with the Privacy Policy and (for services) the applicable MSA and incorporated policies, constitute the entire agreement between you and GLJ regarding the Site and supersede any prior agreements regarding the Site.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
Force Majeure. GLJ is not responsible for any failure or delay in performance relating to the Site caused by events beyond its reasonable control.
13. Contact
If you have questions about these Terms, contact:
Genesis Legacy Journeys
Tyler Mason
Email: hello@genesislegacyjourneys.com
Website: genesislegacyjourneys.com
511 Lets Roll Drive, Fischer, Texas 78623