Effective Date: 17 Jan 2024
Summary of Changes
This summary is intended to help you better understand recent changes to the Ancestry Terms and how the changes may impact you. We encourage you to review the Terms in their entirety, along with the Privacy Statement.
The most recent changes:
- We added language to better explain how content you upload is used on Ancestry® Services and your responsibilities for such content in order to keep our platform safe.
- We added language to address new features within the AncestryDNA® matches service and AncestryDNA® features or services that may be released in the future.
- We added language to clarify the terms regarding your Use of the Services.
- We added language to describe how we use recommender systems.
Welcome to Ancestry®, the world's largest online family history resource to build a family tree, find new ancestors, and share discoveries with family. Please read the following Terms carefully, as they govern your use of Ancestry and our affiliates’ products and services. To help you read these Terms, we have broken them down into the following sections:
1. Introduction and Services:
By using any of the websites, services, and mobile apps that link to these Terms and Conditions (the “Terms”)—Ancestry®, AncestryDNA®, Newspapers.com™, Find a Grave®, Fold3®, Forces War Records, Archives®, and WeRemember®—as well as other related brands (the “Services"), you agree to these Terms. Any new features included in the Services in the future will also be subject to these Terms.
You are entering into these Terms with a specific Ancestry entity depending on what Service you are using and where you are. Please see the list of Ancestry entities by Service and geography here. All references to “Ancestry”, “us”, “we”, or “our” in these terms refer to the relevant Ancestry entity on that list. We reserve the right to change the Ancestry entity party to these Terms at any time.
These Terms incorporate by reference additional policies and guidelines, including the Community Rules, Cookie Policy, Copyright Policy, Renewal and Cancellation Terms, as well as our Privacy Statement, which explains how we collect and use your personal data. Please read all of these documents carefully to understand your rights and responsibilities when using the Services. If you do not agree to these Terms, you should not use our Services.
Additional terms may apply when you sign up for a new Service or take advantage of a promotion or special offer. These terms will be disclosed to you in advance and become part of your agreement with us. If any additional terms conflict with these Terms, those additional terms will prevail.
If you have any questions about these Terms or our Services, please contact us.
1.1 Unexpected Results
When using our Services you may discover unexpected facts about yourself or your family. You may also come across content you find offensive, inaccurate, or otherwise objectionable. While you may have a strong emotional reaction, as may others with whom you share these discoveries, you expressly agree to assume all risks associated with your use of the Services and not to hold Ancestry liable for any social, emotional, or legal consequences of such discoveries or encounters. For more information about Ancestry’s Limited Liability, please review Section 7 of these Terms.
1.2 Eligibility to Use the Services
Everyone who uses the Services, whether an unregistered guest, free registered guest, paid subscriber, or a purchaser or registrant of an AncestryDNA kit, is a “User.” Users may need to register an account to use certain Services, and you agree to provide accurate, complete, and current information when registering.
The Services are intended for those who have reached the age of consent where the Services are being offered. If you are between the ages of 13 and the age of consent where you live, you may use the Services (excluding the DNA Services) with your parent's or guardian's permission. Children under the age of 13 are not permitted to create accounts, however, they are allowed to use AncestryClassroom™ through their school (if available) and with their parent’s or guardian’s permission.
1.3 Use of the Services
In exchange for access to the Services, you agree:
- To comply with Ancestry’s Community Rules, Cookie Policy, Copyright Policy, and Renewal and Cancellation Terms;
- To comply with all applicable laws;
- To be responsible for all use and activity of the Services associated with your account or login information;
- To contact us if you suspect your account has been used without your authorization or you believe your login information has been stolen;
- Not to resell the Services or resell, reproduce, or publish any content or information found on the Services, except as explicitly described in these Terms;
- Not to circumvent, disable, or otherwise interfere with security-related features of the Services, including by allowing unauthorized third parties to access Services using your credentials;
- Not to share, access, or collect data from any Services in bulk or attempt to access data without permission—whether manually or by automated means. This includes, but is not limited to, use of any artificial intelligence, bots, crawlers, spiders, data-miners, or scrapers; and
- Not to use the Services in connection with any judicial proceeding.
1.4 Additional Terms Applicable to Use of DNA Services
The purpose of the DNA Services is to provide genetic and genealogy results and related reports for your informational, recreational, educational, and personal research use. As used in these Terms, “DNA Services” refers to the use and registration of an AncestryDNA test kit or upload of your DNA Data, processing and genetic testing of your sample, storing your sample and any extracted DNA (as applicable), and our web- or mobile app-based tools that provide you with ethnicity estimates, traits information, and other genetically-related results and associated services.
1.4.1 Eligibility to Use DNA Services
The DNA Services are intended for those who have reached the age of consent where the DNA Services are being offered and you must be at least that age to purchase or register an AncestryDNA test kit or upload your DNA Data. To help us ensure the integrity and quality of our database and to protect your privacy, each adult who submits a sample for a DNA test or uploads their DNA Data must create their own account and register their own test. During registration, you must explicitly consent to the processing of sensitive personal information. As a parent or legal guardian, you may provide us with Personal Information of your own minor child and may accept DNA Services on behalf of your own minor child using your account. By registering a DNA test for, or submitting any Personal Information about, a minor you represent that you are the minor’s parent or legal guardian. You also agree that you have discussed the DNA Services with the minor and the minor has agreed to the collection and processing of their sample.
1.4.2 Your Use of DNA Services
In addition to the requirements in Section 1.3 above, you also agree:
- Not to resell AncestryDNA test kits;
- Any sample you provide is either your own or provided by a person for whom you are a parent or legal guardian;
- Any DNA Data you upload is your own;
- Not to send us a sample in violation of any export ban or other law;
- By providing a sample to us, you acquire no rights in any research or commercial products developed by us or our collaborators/partners and will receive no compensation related to any such research or product development; and
- Not to use information obtained from the DNA Services (including any downloaded DNA Data), whether in whole, in part, or in combination with any other database or service, for any medical, diagnostic, or paternity testing purpose, in any judicial proceeding, or for any discriminatory purpose or illegal activity.
1.4.3 Ancestry’s Provision of DNA Services
You agree that in order to facilitate your use of DNA Services, we may directly or through other companies who help us provide DNA Services:
- Provide your sample to other companies that help us provide the DNA Services, such as to our laboratory or biobank partners;
- Extract DNA from your sample;
- Perform genetic tests in the United States (or, in the future, in other countries) on the extracted DNA using test methods available now or later-developed;
- Compare your DNA Data with other Users’ DNA Data to provide the DNA Services, including matching you to others in our database with whom you share DNA (you are in control as to whether or not to see and be seen by your DNA matches);
- Disclose to you, and others that you authorize, the results of the tests performed;
- Store your DNA Data;
- Store your sample and any extracted DNA in a biobank located in the United States, or destroy any remaining sample and extracted DNA after your sample has been processed; once submitted to us, your sample, including any extracted DNA, cannot be returned to you. You may request that we destroy your sample and any extracted DNA. In certain cases we may destroy samples and/or extracted DNA to maintain biobank quality levels;
- Allow certain of our laboratory partners to use a portion of activated or inactivated samples to calibrate or validate instruments, equipment, or laboratory methods used in providing DNA Services; and
- Use your Genetic Information and other Personal Information as described in these Terms and the Privacy Statement.
1.4.4 Downloading your DNA Data
We protect your information as described in our Privacy Statement. If you choose to download a copy of your DNA Data, that copy is not protected by our security measures and you are solely responsible for storing, securing, and protecting that downloaded data. Ancestry has no responsibility if you elect to share or transfer your downloaded DNA Data with others, either intentionally or inadvertently. Your DNA Data is intended only for your personal use.
1.4.5 Note to Users who have received a bone marrow or stem cell transplant
If you have received a bone marrow or stem cell transplant, the sample you provide may contain cells with your DNA as well as cells with your donor’s DNA. DNA for the genetic testing is extracted from the cells in your sample, and the combination of DNA sources can result in a failed test or results that are based on your donor’s DNA. Therefore, we recommend that those who have received a bone marrow or stem cell transplant do not take the AncestryDNA test. If you have already taken the test, please contact us for further assistance.
2. Ancestry Content
The Services contain photos, videos, documents, records, indexes of content, and other content provided to you by Ancestry (“Ancestry Content”) that may vary depending on your subscription and location. Except for WebSearch records, which are governed by the terms of the third-parties that host the records, all Ancestry Content may be used only in accordance with these Terms, including Ancestry Content that may also be in the public domain (“Public Domain Content”).
2.1 Intellectual Property Rights to Ancestry Content
All elements of the Services that are created by us or under our direction, or where the copyright has been assigned or licensed to us, are subject to country-specific copyright protections around the world and international conventions. For additional information about our Copyright Policy, click here. The Services also include trademarks that are owned by us and protected under country- and region-specific trademark laws and treaties. All uses of our trademarks and any goodwill resulting therefrom will inure to our benefit. The Services and products associated with our Services are also protected by patents in the U.S. and other countries around the world. For more information about our patents, click here. We and our licensors retain ownership and all rights in the exploitation of the Services and its component parts.
2.2 Your Use of Ancestry Content
When accessing Ancestry Content you agree:
- To use Ancestry Content only in connection with your personal use of the Services or professional family history research;
- To download Ancestry Content only in connection with your family history research or where expressly permitted by Ancestry;
- Not to remove any copyright or other proprietary notices on any Ancestry Content;
- Not to use significant portions of Ancestry Content outside the Services, or in a manner inconsistent with your subscription; and
- To contact us to obtain written permission to use more than a small number of photos and documents that are Public Domain Content.
2.3 Recommender Systems
Ancestry operates certain recommender systems, including Ancestry Hints, Ancestry Search and My Ancestry Feed. Our recommender systems filter Ancestry and user content to enhance your user experience and suggest content that may be relevant to you. Ancestry Hints operates to suggest records that may relate to individuals a user has included in their Ancestry family tree and allows a user the option to save this record to their family tree. Search on Ancestry allows a user to search for records across Ancestry’s record collection. My Ancestry Feed helps users stay updated on recent events related to their trees and family groups. Some of our Services provide personalized advertising and other recommendations to you based on data we collect as explained in our Privacy Statement.
3. Your Content
Certain Services may allow you to contribute content, including but not limited to: (i) family trees; (ii) family memories such as photos, audio/video recordings, and stories; (iii) record annotations, comments, messages; and (iv) feedback provided to Ancestry about the Services (“Your Content”). Your Content that contains Personal Information will be treated in accordance with our Privacy Statement.
3.1 You Control Your Content
Ancestry does not claim any ownership rights to Your Content, control how you choose to share Your Content within the Services, or limit how you share Your Content outside of Ancestry’s Services. You can delete Your Content either by following instructions provided within the Services or by logging into your Account Settings and deleting your Account. However, if you submit feedback, record annotations, or suggestions about Ancestry or our Services, you acknowledge that it is deemed to be non-confidential and non-proprietary and we may use your feedback, record annotations, or suggestions for any purpose without any obligation or compensation to you.
3.2 Use of Your Content
By submitting Your Content, you grant Ancestry a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, provide access to, create derivative works of, and otherwise use Your Content to provide, promote, or improve the Services, consistent with your privacy and sharing settings. You can terminate Ancestry’s license by deleting Your Content, except to the extent you shared Your Content with others and they have used Your Content. You also agree that Ancestry owns any indexes and compilations that include Your Content and may use them after Your Content is deleted.
3.3 Your Responsibilities for Your Content
You are responsible for the decision to create, upload, post, or share Your Content. By contributing or accessing Your Content you agree:
- You have all the necessary legal rights to upload, post, or share Your Content;
- Your Content does not violate any applicable laws.
- Your Content that you share publicly will not include Personal Information as defined in our Privacy Statement about a living person without their consent. In the case of living minors, you will get consent from their parent or guardian;
- All Your Content will comply with the Community Rules;
- If you share Your Content publicly, other users may access and use Your Content as part of, or in conjunction with, the Services. We are not required to remove any of Your Content once it has been publicly shared.
- You will use other Users’ content only within Ancestry Services and in compliance with these Terms and the other policies incorporated by reference;
- Ancestry reserves the right to review Your Content and to screen for illegal content or other violations of these Terms, including the Community Rules, and to remove or disable access to illegal content or Your Content that we believe violates these Terms. We will also remove Your Content in response to a valid court order or as required by applicable law; and
- Serious or repeat violations or offenses will subject you to account suspension or termination in accordance with Ancestry’s content moderation policies. Ancestry’s procedure for assessing and removing content is set out here.
3.4 Reporting Violations of these Terms
Ancestry will advise any user who has notified us of content that violates our Terms of Ancestry’s decision to take any action against the content, and will, where relevant, notify the user who provided the content of a decision to remove or restrict access to content. Any person affected by Ancestry’s decision on content can contact Ancestry here to appeal, or seek redress if you are a user based in the EU in relation to the decision.
If you have concerns that any content violates the Community Rules, infringes your rights, contains illegal material, or otherwise violates these Terms, please contact us or file a report online. We respect the intellectual property rights of others. For complaints regarding copyright infringement or to submit a copyright infringement notice and takedown request, including those made pursuant to the U.S. Digital Millennium Copyright Act, click here.
4. Renewals and Cancellations for Ancestry Services
Your purchase(s) of and subscription(s) to any of the Services are subject to the Renewal and Cancellation Terms.
5. Termination or Suspension of Your Account
We reserve the right to limit, suspend, or terminate your access to the Services if you breach these Terms, including the Community Rules. If we exercise those rights, we will provide you with the reason for our decision. If a decision is based on the illegality of Your Content, we will also explain why we believe it is illegal. If applicable laws where you live require additional notice or process, we will provide such notice and process to you. Unless otherwise required by applicable law we will not refund subscription fees or the purchase price of a DNA test kit where you lose access to the Services because of your breach of the Terms, including the Community Rules.
If you have a subscription and terminate your account based on our breach of these Terms, and after providing us with a 30-day cure period during which we are unable to cure, we will refund any pre-paid fees on a prorated basis to you.
6. No Guarantees or Warranties
Subject to Section 10.2.1, we provide the Services and the Ancestry Content to you on an “AS-IS” basis, meaning without any guarantee or warranty. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises about (a) the Ancestry Content, (b) Your Content, (c) the specific functionality of the Services, (d) the quality, accuracy, reliability, or availability of the Ancestry Content or Services, or (e) that the Services will be free from viruses or other harmful components.
We are constantly working to improve our Services. Ancestry frequently runs experiments and tests new features that may not be available to everyone. Ancestry makes no promises that experiments or new features will remain available or be expanded. Ancestry may add or remove functionality or features from the Services, or adjust what services are available based on your account type. For more information about your rights, please review Section 10 and the Renewal and Cancellation Terms.
7. Ancestry’s Limited Liability
By using the Services, you agree that Ancestry’s liability is limited to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. If you live in a jurisdiction that does not allow us to broadly limit our liability, some of these limitations may not apply to you.
If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid to us during the 12-month period preceding the event giving rise to the liability. This limitation of liability applies fully to residents of New Jersey.
8. Your Indemnity
You agree that you will indemnify and hold Ancestry, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the “Ancestry Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents or policies incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to Your Content, including a claim that Your Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release the Ancestry Parties from all claims, demands, actions, or suits in connection with Your Content, including any liability related to our use or non-use of Your Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.
9. Services Offered by Other Companies
Our Services may contain links to websites operated by third-parties but that does not constitute sponsorship, endorsement, approval, or responsibility. Ancestry does not warrant any offers or make any guarantees about third-party sites, their content, products, or services. Please read the terms and conditions and privacy documentation for all third-party sites carefully, as they may differ substantially from Ancestry.
10. Dispute Resolution, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We work hard to keep our customers satisfied. If a dispute arises between you and Ancestry, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.
10.1 For Customers In the United States
You and Ancestry agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
As used in this agreement, the term “dispute” is intended to be as broad as legally permissible and includes, but is not limited to, all disputes between you and any other person on whose behalf you have interacted with Ancestry, on the one hand, and Ancestry, including any of its parents, subsidiaries, predecessors, successors, assigns, or affiliates, on the other, that arise out of or relate in any way to the Terms, this arbitration agreement, or your interactions or relationship with Ancestry. Further, if you have or will use Ancestry’s Services or otherwise interact with Ancestry on behalf of a minor or other individual for whom you are the parent or legal guardian, you agree, on the minor’s or other person’s behalf, that any dispute arising out of or relating to such use of Ancestry’s Services or other interaction with Ancestry shall be subject to arbitration, as set forth herein, and subject to the other agreements set forth herein (including, but not limited to, the Class Action Waiver); you further represent that you have the authority to enter such agreement on the minor’s or other person’s behalf. Any dispute between us will be resolved through final and binding arbitration in accordance with the terms of this agreement, with the following three exceptions:
- Each party to this agreement shall have the option to resolve any dispute, if it qualifies, in the small claims court with jurisdiction over your place of residence. If any dispute involves claims for both (1) monetary damages or relief and (2) equitable or injunctive relief, to the extent the small claims court with jurisdiction will not resolve claims for equitable or injunctive relief, each party shall have the option to resolve the claims for monetary relief or damages in small claims court, and any claim for equitable or injunctive relief shall be resolved in arbitration pursuant to this agreement. If the claims in any request or demand for arbitration could have been brought in small claims court, then any party may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party (or parties) of that choice in writing. If this provision or the limitation on bringing actions to small claims court is found to be invalid, then this provision shall be severable and the matter will proceed in arbitration; in no way will this provision allow for an action to be brought on a class, representative, or consolidated basis.
- Each party may bring a suit in court in the state of Utah only for a claim of patent or copyright infringement.
- If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.
10.1.1 FAA Applies
This arbitration agreement and any controversy or claim arising out of or related to this arbitration agreement or the breach of any provision thereof shall be governed by the substantive and procedural provisions of the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The parties understand and agree that the Federal Arbitration Act exclusively governs the interpretation and enforcement of this arbitration agreement, and that the substantive or procedural provisions of another jurisdiction shall not be applied to the interpretation or enforcement of this arbitration agreement or any dispute or controversy relating to the interpretation or enforcement of this arbitration agreement.
10.1.2 Pre-Arbitration Dispute Resolution
If any party intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating the arbitration. Any applicable limitations period shall be tolled during this 60-day period. Notice to Ancestry should be sent to Ancestry at Ancestry Legal Department, 1300 W. Traverse Parkway, Lehi, UT 84043. Notice to you will be provided using the contact information you have on file with Ancestry or, if such information is not available or is not up to date, through personal service. The notice provided by either party must include enough information to allow the receiving party to identify your account (including the name and email address used for the account) as well as to assess and attempt to resolve the claim, including a description of the claim, the specific supporting facts for the claim, the damages sought, and the relief sought. This notice requirement is designed to allow either party to make a fair, fact-based offer of settlement if the party chooses to do so. Neither party may initiate an arbitration unless the party first provides this information. To the extent there is a dispute with respect to the sufficiency of this notice, this issue must be decided by a court of competent jurisdiction prior to the filing of any demand for arbitration. If a party provides this information and the dispute is not resolved within 60 days, either party may then proceed to file a demand for arbitration.
10.1.3 Arbitration Rules
Other than as set forth in section 10.1.4 below, arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Any arbitration conducted in JAMS shall proceed individually before a single arbitrator and shall not be consolidated with any other individual’s claims. Where no disclosed claims or counterclaims exceed $25,000 (excluding any claim for attorneys’ fees), the dispute shall be resolved by the submission of documents only/desk arbitration unless the arbitrator finds good cause for a live hearing. Either party may file dispositive motions in arbitration, including without limitation a motion to dismiss and/or a motion for summary judgment, and the arbitrator will apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, the Terms or the Privacy Statement, including but not limited to any claim that all or any part of the Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To start an arbitration under this section 10.1.3, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Ancestry at Ancestry Legal Department, 1300 W Traverse Parkway, Lehi, UT 84043 . Arbitration may take place in the county where you reside at the time of filing. You and Ancestry further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The parties shall select the arbitrator by mutual agreement. If the parties are unable to mutually select an arbitrator, the arbitrator shall be selected as follows: JAMS will give each party a list of nine (9) arbitrators drawn from its panel of arbitrators. Each party will have ten (10) calendar days to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual will be designated as the arbitrator. If more than one common name remains on the lists of all parties, the parties will strike names alternately from the list of common names by telephone conference administered by JAMS, with the claimant to strike first until only one remains. If no common name remains on the lists of all parties, JAMS will furnish an additional list of nine (9) arbitrators from which the parties will strike alternately by telephone conference administered by JAMS, with the claimant to strike first, until only one name remains. That person will be designated as the arbitrator. If the individual selected cannot serve, JAMS will issue another list of nine (9) arbitrators and repeat the alternate striking selection process.
You will be required to pay $250—or the amount otherwise required under the then-applicable JAMS rules—to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Ancestry will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
10.1.4 Multiple Claims
If 25 or more individuals initiate notices of dispute with Ancestry raising similar claims, and counsel for the individuals bringing the claims is the same or coordinated for these individuals, to the extent the claims proceed in arbitration, they shall not proceed before JAMS under the JAMS rules and shall instead proceed before the American Arbitration Association (“AAA”) as set forth below.
In the first phase, 12 arbitrations shall proceed pursuant to the AAA Consumer Arbitration Rules, each before a single arbitrator. The claims of any other individuals who have raised similar claims and who are represented by the same or coordinated counsel shall not be filed in AAA until completion of these initial bellwether proceedings and the global mediation described below. Any applicable limitations period shall be tolled from the date of the notice of dispute described in section 10.1.2 until the completion of this bellwether process and the global mediation described below.
Counsel for Ancestry and counsel for the individuals initiating claims shall each select 6 cases to proceed first in arbitration in these individual bellwether proceedings. Each of these 12 arbitrations shall proceed before a separate arbitrator. AAA shall provide a list of proposed arbitrators for each of these 12 arbitrations. If the parties are unable to agree upon arbitrators from these lists, each party shall have 14 calendar days from the list transmittal date in which to strike up to two names objected to, number the remaining names in order of preference, and return the list to the AAA. AAA shall then appoint the highest-ranked, remaining eligible arbitrator from each list to preside over each of the 12 arbitrations.
After a final, written award has been rendered in each of these 12 arbitrations, Ancestry and all individuals who have raised similar claims and who are represented by the same or coordinated counsel shall participate in a global mediation. Counsel for Ancestry and counsel for the individuals who have raised similar claims shall mutually select a mediator. In the event the parties are unable to agree upon a mediator, counsel for Ancestry and counsel for the individuals who have raised similar claims shall each propose 4 potential mediators—these proposals must not include any individual who served as an arbitrator in the 12 bellwether proceedings. Counsel for Ancestry and counsel for the individuals who have raised similar claims shall successively strike mediators from the list of 8, beginning with counsel for the individuals who have raised similar claims, until there is one mediator remaining who shall serve as the mediator. The mediator shall be provided with reasonably anonymized versions of the written arbitration awards rendered in each of the 12 bellwether arbitrations. Ancestry shall pay the mediation fee. The parties shall have 90 days to complete the mediation unless the parties mutually agree to extend this period.
In the event the mediation does not resolve all claims, Ancestry or the individuals who have raised similar claims (and whose claims were not adjudicated in the initial bellwether proceedings) can choose to either proceed in court or in individual arbitration in AAA. If Ancestry chooses to go to court, all cases will proceed in court. If Ancestry chooses to proceed in arbitration, each individual who has raised similar claims (and whose claims were not adjudicated in the initial bellwether proceedings) may still choose to proceed in court instead of arbitration. To the extent either party elects to proceed in court, these claims shall proceed in a court of competent jurisdiction in the State of Utah. Pursuant to section 10.1.5 below, any such claims that proceed in court shall not proceed as a class or representative action.
A court of competent jurisdiction shall have authority to enforce this section 10.1.4 and, if necessary, to enjoin the mass filing of arbitration demands against Ancestry to the extent either party fails to comply with the procedures set forth in this section 10.1.4. Otherwise, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, the Terms or the Privacy Statement, including but not limited to any claim that all or any part of the Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct.
10.1.5 No Class Actions
This provision shall be referred to as the “Class Action Waiver.” The parties each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, or representative action. Other than as expressly set forth in section 10.1.4 above, no individual’s disputes may be consolidated with another individual’s disputes. This provision applies both to disputes resolved in arbitration and to any disputes that are resolved in court, to the extent such disputes arise. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. In such instances, the dispute must be litigated in the federal or state court of competent jurisdiction located in the State of Utah—not in arbitration.
An arbitration award and the judgment confirming it applies only to that specific case and shall not be binding on either party in any other case.
10.1.6 Severability
Other than as set forth in the Class Action Waiver, if any provision of this arbitration agreement is adjudged to be invalid, unenforceable, unconscionable, void or voidable, in whole or in part, such adjudication will not affect the validity of the rest of the arbitration agreement. All remaining provisions will remain in effect.
10.1.7 Changes to This Section
Ancestry will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute, Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
10.1.8 Survival
This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.
10.2 For Customers Outside the United States
If you are a non-consumer customer based in the EU or reside anywhere else outside the United States, you agree that the Irish Courts will have exclusive jurisdiction over all disputes (contractual or non-contractual) related to this Agreement.
10.2.1 European Union and UK Consumers
If you are a European Union or United Kingdom consumer you will benefit from any mandatory provisions of the law of the country in which you are resident and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. We provide you with a legal guarantee that the Service will be in legal conformity at the time of supply and during the life of our contract with you. Under this legal guarantee, we will be liable for any lack of conformity of the Service and you may have a right of remedy under your local laws. We will give you as much notice as reasonably feasible of any removal or suspension or stopping of a Service or of any functionality or features.
If you are a consumer based in the European Union, you are entitled to bring any judicial proceedings relating to this Agreement before the competent court of your place of residence or the competent court of Ancestry's place of business in Ireland. If you are a consumer based in the United Kingdom, you are entitled to bring any judicial proceedings relating to this Agreement before the competent court of England and Wales, you agree that England and Wales will have exclusive jurisdiction over all disputes (contractual or non contractual) related to this Agreement. If Ancestry seeks to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. Subject to the foregoing, nothing contained in this clause shall limit our rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.
For European Union Consumers Information pursuant to Regulation 524/2013: The European Commission provides if you are a European Union consumer you have the right to refer a dispute to the EU’s platform for Online Dispute Resolution (ODR), available at http://ec.europa.eu/consumers/odr/.
10.3 Controlling Law
If you access the Services in the United States, the laws of the State of Utah and as applicable, those of the United States of America, govern these Terms and the use of the Services. You agree that all claims not subject to arbitration and brought in the United States will be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in the State of Utah. Subject to 10.2.1, if you access the Services anywhere outside the United States, the laws of Ireland govern these Terms.
11. Miscellaneous
11.1 Modifications
We may modify these Terms at any time and agree to notify you of any material changes by posting information through the Services or sending you an email. Material changes become effective thirty days after they are posted, except for changes addressing new Services or legal requirements, which will be effective immediately. Your continued use of the Services means you accept the modified Terms. If you do not agree to the changes, you should stop using the Services and, if applicable, cancel your subscription.
11.2 Entire Agreement
These Terms and other documents incorporated by reference are the entire agreement between you and Ancestry regarding your use of the Services and supersede any prior agreements.
11.3 Transfer of Rights and Obligations
We reserve the right to assign or transfer our rights and obligations under this Agreement. If Ancestry or any Service provider is acquired or transferred to another entity (in whole or part, and including in connection with bankruptcy or similar proceedings), you agree that Ancestry may share your Personal Information and Your Content with that entity. You may not assign or transfer any of your rights and obligations under these Terms without Ancestry’s written consent. There are no third-party beneficiaries to these Terms.
11.4 Severability
Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms.
11.5 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision, and we reserve all rights not expressly provided to you herein.
11.6 Minors Thirteen and Under.
Ancestry does not knowingly seek or collect any Personal Information directly from anyone under the age of 13 and will take commercially reasonable efforts to delete such data from our systems.
11.7 Fair Credit Reporting Act
Ancestry is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
11.8 Unsolicited Idea Submission Policy
Ancestry does not accept, review, or consider unsolicited ideas or materials (including, without limitation, new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names) other than those Ancestry has specifically requested. Please do not send your unsolicited ideas or materials to Ancestry or anyone at Ancestry. If you do send them, you understand and agree that Ancestry will consider the unsolicited ideas and materials you submit non-confidential and non-proprietary, and Ancestry will be entitled to unrestricted use of these ideas and materials, without obligations, contractual or otherwise, and without any compensation to you.
These Terms and Conditions were consolidated from separate prior versions. For prior versions of the terms and conditions applicable to the Services, click here.