Terms and Conditions
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Ancestry Terms and Conditions
Effective Date: 12 May 2026
- Terms effective 12 May 2026; summary lists recent changes Legal Rights & Agreement Rules
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.
- Terms effective 12 May 2026; summary lists recent changes Legal Rights & Agreement Rules
In the most recent changes:
- We updated language clarifying who may use the Services.
- Terms effective 12 May 2026; summary lists recent changes Legal Rights & Agreement Rules
- We updated language regarding users’ rights and obligations.
- Terms effective 12 May 2026; summary lists recent changes Legal Rights & Agreement Rules
- We updated language reflecting changes to product and feature offerings.
- Terms effective 12 May 2026; summary lists recent changes Legal Rights & Agreement Rules
- We updated the Dispute Resolution section for US users.
- Terms effective 12 May 2026; summary lists recent changes Legal Rights & Agreement Rules
Welcome to Ancestry, the world's largest online family history resource to build a family tree, find new ancestors, and share discoveries. 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:
- Terms govern use of Ancestry and affiliates’ products and services Legal Rights & Agreement Rules
- Introduction to Services
- Ancestry Content
- Your Content
- Termination or Suspension of Your Account
- Renewals and Cancellations for Ancestry Services
- No Guarantees or Warranties
- Ancestry's Limited Liability
- Your Indemnity
- Services Offered by Other Companies
- Dispute Resolution, Arbitration and Class Action Waiver
- Miscellaneous
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.
- Using any listed Ancestry service means agreeing to these Terms Legal Rights & Agreement Rules
You are entering into these Terms with a specific Ancestry entity depending on what Service you are using and where you reside. Please see the list of Ancestry entities by Service and geography [here](https://www.ancestry.com/c/legal/corporate-structure). 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.
- The Ancestry company you contract with depends on service and where you live Legal Rights & Agreement Rules
Your use of the Services is subject to these Terms. Additional use-related policies and guidelines set expectations for how the Services may be used, including the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines), [Renewal and Cancellation Terms](https://www.ancestry.com/c/legal/renewal-cancellation-terms), [Trademark Usage Guidelines](https://www.ancestry.com/c/legal/trademarks), [Copyright Policy](https://www.ancestry.com/c/legal/copyright-policy), [Guide for Law Enforcement](https://www.ancestry.com/c/legal/lawenforcement), and [SMS Terms](https://www.ancestry.com/c/legal/sms-terms). Separate privacy notices explain how we collect and use your Personal Information, including our [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement), [Consumer Health Data Privacy Policy](https://www.ancestry.com/c/legal/wa-health-privacy), and [Cookie Policy](https://www.ancestry.com/c/legal/aboutcookies). Please read 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.
- Your use is also subject to several linked Ancestry policies Legal Rights & Agreement Rules
- Privacy practices are set out in separate notices, not in these Terms Data Access & Collection
Additional terms may apply when you sign up for a new Service or take advantage of a promotion or special offer. Any such terms will be disclosed to you in advance and become part of your agreement with us. If any additional terms conflict with these Terms, the additional terms will prevail.
- Additional terms for a new Service or promotion prevail if they conflict Legal Rights & Agreement Rules
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. Please see here for more guidance about Unexpected Results. For more information about Ancestry’s Limited Liability, please review Section 7 of these Terms.
- You assume the risks of unexpected discoveries; Ancestry is not liable for their consequences Legal Rights & Agreement Rules
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.
- Anyone who uses the Services is a “User”; some Services need an account with accurate details Account & Service Control
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](https://www.ancestryclassroom.com/k12/k12home) through their school (if available) and with their parent’s or guardian’s permission.
- Minimum ages: age of consent, 13 to consent age with permission (not DNA), none under 13 Account & Service Control
- DNA Services: age of consent, your own account and test, and explicit consent to sensitive data processing Account & Service Control
1.3 Use of the Services
In exchange for access to the Services, you agree:
- You agree to follow Ancestry policies and the law and to answer for your account’s activity Account & Service Control
- To comply with Ancestry’s [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines), [Copyright Policy](https://www.ancestry.com/c/legal/copyright-policy), [Renewal and Cancellation Terms](https://www.ancestry.com/c/legal/renewal-cancellation-terms), [Trademark Usage Guidelines](https://www.ancestry.com/c/legal/trademarks), and [Guide for Law Enforcement](https://www.ancestry.com/c/legal/lawenforcement);
- You agree to follow Ancestry policies and the law and to answer for your account’s activity Account & Service Control
- To comply with all applicable laws;
- You agree to follow Ancestry policies and the law and to answer for your account’s activity Account & Service Control
- To be responsible for all use and activity of the Services associated with your account or login information;
- You agree to follow Ancestry policies and the law and to answer for your account’s activity Account & Service Control
- To contact us if you suspect your account has been used without your authorization or you believe your login information has been stolen;
- You agree to follow Ancestry policies and the law and to answer for your account’s activity Account & Service Control
- 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;
- No reselling the Services or content, and no bypassing security or sharing your login Account & Service Control
- 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;
- No reselling the Services or content, and no bypassing security or sharing your login Account & Service Control
- Not to access, acquire, copy, or monitor any portion of the Services by any manual, automated, or programmatic method that exceeds the intended standard human use of the Services; or to use any data or content from the Services to train, develop, or fine-tune any machine learning model, algorithm, or artificial intelligence system; and
- Not to use the Services in connection with any law enforcement investigation or criminal judicial proceeding. For more information, see our [Privacy Center](https://www.ancestry.com/c/privacyphilosophy).
- You agree not to use the Services in connection with a law enforcement investigation or criminal proceeding Legal Rights & Agreement Rules
1.4 Additional Terms Applicable to Use of DNA Services
- DNA Services provide genetic and genealogical results for informational, recreational and personal research use Use & Processing
The purpose of the DNA Services is to provide genetic and genealogical 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, processing and genetic testing of your sample, storing your sample and any extracted DNA (as applicable), and our tools that provide you with ethnicity estimates (ancestral regions), traits information, and other genetically-related results and associated services.
- Minimum ages: age of consent, 13 to consent age with permission (not DNA), none under 13 Account & Service Control
- DNA Services provide genetic and genealogical results for informational, recreational and personal research use Use & Processing
1.4.1 Eligibility to Use DNA Services
- Minimum ages: age of consent, 13 to consent age with permission (not DNA), none under 13 Account & Service Control
- DNA Services: age of consent, your own account and test, and explicit consent to sensitive data processing Account & Service Control
The DNA Services are intended for those who have reached the age of consent where the DNA Services are being offered. 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 their own sample for a DNA test 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](https://www.ancestry.com/c/legal/privacystatement#intro) of your own minor child or individual under your guardianship and may accept DNA Services on behalf of your own minor child or individual under your guardianship. By registering a DNA test for, or submitting any [Personal Information](https://www.ancestry.com/c/legal/privacystatement#intro) about, a minor or individual under your guardianship you represent that you are that individual’s parent or legal guardian. You also agree that you have discussed the DNA Services with the minor or individual under your guardianship and they have agreed to the collection and processing of their sample.
- Minimum ages: age of consent, 13 to consent age with permission (not DNA), none under 13 Account & Service Control
- DNA Services: age of consent, your own account and test, and explicit consent to sensitive data processing Account & Service Control
- A parent or guardian may register DNA for a minor and must confirm authority and the minor’s agreement Account & Service Control
1.4.2 Your Use of DNA Services
In addition to the requirements in Section 1.3 above, you also agree:
- DNA kit and sample rules: no reselling kits, own or ward’s sample only, no export-law violations Account & Service Control
- You agree not to use DNA Services information for discrimination or illegal activity Legal Rights & Agreement Rules
- Not to resell AncestryDNA test kits;
- DNA kit and sample rules: no reselling kits, own or ward’s sample only, no export-law violations Account & Service Control
- Any sample you provide is either your own or provided by a person for whom you are a parent or legal guardian;
- DNA kit and sample rules: no reselling kits, own or ward’s sample only, no export-law violations Account & Service Control
- Not to send us a sample in violation of any export ban or other law;
- DNA kit and sample rules: no reselling kits, own or ward’s sample only, no export-law violations Account & Service Control
- 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;
- Information obtained from the DNA Services is not intended for any medical, diagnostic, law enforcement, or paternity testing purpose, or use in any criminal judicial proceeding. For more information, see our [Privacy Center](https://www.ancestry.com/c/privacyphilosophy); and
- DNA results are not intended for medical, diagnostic, law enforcement or paternity use Legal Rights & Agreement Rules
- Not to use information obtained from the DNA Services for any discriminatory purpose or illegal activity.
- You agree not to use DNA Services information for discrimination or illegal activity Legal Rights & Agreement Rules
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:
- Ancestry may pass your sample to lab partners, extract DNA and test it, now or with later-developed methods Use & Processing
- Ancestry may compare your DNA Data with other Users’ to match you with others who share DNA; you control who sees whom Linking & Identification
- Ancestry may disclose test results to you and people you authorize, and store your DNA Data Sharing & Disclosure
- Your sample is stored in a US biobank or destroyed per your registration choice; it cannot be returned Retention & Deletion
- Lab partners may use part of registered or unregistered samples to calibrate or validate equipment Use & Processing
- Genetic and other Personal Information is used as the Terms and linked privacy documents describe Use & Processing
- Provide your sample to other companies that help us provide the DNA Services, such as to our laboratory 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 our biobank located in the United States, or destroy any remaining sample and extracted DNA after your sample has been processed—based on the option you selected when registering your AncestryDNA test; once submitted to us, your sample, including any extracted DNA, cannot be returned to you. You may withdraw your consent for biobanking at any time, and we will destroy your sample and any extracted DNA. In certain cases we may destroy samples and/or extracted DNA at our discretion to maintain biobank quality levels;
- Allow certain of our laboratory partners to use a portion of registered or unregistered samples to calibrate or validate instruments, equipment, or laboratory methods used in providing DNA Services; and
- Use your [Genetic Information](https://www.ancestry.com/c/legal/privacystatement#genetic-information) and other [Personal Information](https://www.ancestry.com/c/legal/privacystatement#intro) as described in these Terms, the [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement), and the [Consumer Health Data Privacy Policy](https://www.ancestry.com/c/legal/wa-health-privacy).
1.4.4 Downloading your DNA Data
- A downloaded copy of your DNA Data is outside Ancestry’s security and is your responsibility Security & Safeguards
The DNA Services are for genealogical and informational purposes only and intended for your personal use within Ancestry. We protect your information as described in our [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement). 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. While there are no restrictions on how you use your DNA Data, Ancestry has no responsibility if you elect to share or transfer your downloaded DNA Data with others, either intentionally or inadvertently.
- A downloaded copy of your DNA Data is outside Ancestry’s security and is your responsibility Security & Safeguards
- DNA Services are for genealogical, informational and personal use; protection follows the Privacy Statement Security & Safeguards
1.4.5 Note to Users who have received a bone marrow or stem cell transplant
- If you have had a bone marrow or stem cell transplant, Ancestry recommends not taking the AncestryDNA test Use & Processing
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 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.
- If you have had a bone marrow or stem cell transplant, Ancestry recommends not taking the AncestryDNA test Use & Processing
2. Ancestry Content
- Ancestry Content may be used only under these Terms; Web Records follow their hosts’ terms Content & IP Rights
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 Web 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”).
- Ancestry Content may be used only under these Terms; Web Records follow their hosts’ terms Content & IP Rights
- Using more than a small number of Public Domain photos or documents needs Ancestry’s written permission Content & IP Rights
2.1 Intellectual Property Rights to Ancestry Content
- Ancestry and its licensors keep ownership of the Services and their component parts Content & IP Rights
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](https://www.ancestry.com/c/legal/copyright-policy). 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. For additional information about our trademarks, click [here](https://www.ancestry.com/c/legal/trademarks). 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](https://www.ancestry.com/c/legal/patents). We and our licensors retain ownership and all rights in the exploitation of the Services and its component parts.
- Ancestry and its licensors keep ownership of the Services and their component parts Content & IP Rights
2.2 Your Use of Ancestry Content
- Ancestry Content is for personal or professional family history research, and downloads are limited Content & IP Rights
When accessing Ancestry Content you agree:
- Ancestry Content is for personal or professional family history research, and downloads are limited Content & IP Rights
- Do not remove proprietary notices or use significant portions of Ancestry Content outside the Services Content & IP Rights
- Using more than a small number of Public Domain photos or documents needs Ancestry’s written permission Content & IP Rights
- 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 or your professional 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 runs recommender systems that filter content and suggest records Inference & Profiling
Ancestry operates certain recommender systems, that filter Ancestry, Newspapers.com, 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 Newspapers.com and Ancestry allows a user to search for records across record collections. Newspapers.com may provide you content based on your references and interactions. If you have consented, some of our Services provide personalized advertising based on data we collect as explained in our [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement).
- Ancestry runs recommender systems that filter content and suggest records Inference & Profiling
- Personalized advertising applies to some Services only if you have consented Use & Processing
3. Your Content
- “Your Content” covers trees, memories, annotations, messages and feedback you contribute Content & IP Rights
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 input to interactive tools; 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](https://www.ancestry.com/c/legal/privacystatement).
- “Your Content” covers trees, memories, annotations, messages and feedback you contribute Content & IP Rights
3.1 You Control Your Content
- Ancestry does not claim ownership of Your Content, and you can delete it or your account Content & IP Rights
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.
- Ancestry does not claim ownership of Your Content, and you can delete it or your account Content & IP Rights
- Feedback, record annotations and suggestions are non-confidential and Ancestry may use them freely Content & IP Rights
3.2 Use of Your Content
- You grant Ancestry a broad license to Your Content, within your privacy and sharing settings Content & IP Rights
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.
- You grant Ancestry a broad license to Your Content, within your privacy and sharing settings Content & IP Rights
- Ancestry owns indexes and compilations that include Your Content and may keep using them after deletion Retention & Deletion
3.3 Your Responsibilities for Your Content
- You confirm you have rights to Your Content and that it follows the law and Community Guidelines Legal Rights & Agreement Rules
You are responsible for the decision to create, upload, post, or share Your Content. By contributing or accessing Your Content you agree:
- You confirm you have rights to Your Content and that it follows the law and Community Guidelines Legal Rights & Agreement Rules
- Publicly shared content may not include a living person’s Personal Information without their consent Sharing & Disclosure
- You must tell people in your photos that Ancestry may create temporary face-grouping representations Use & Processing
- Others may use Your Content you share publicly, and Ancestry need not remove it once public Sharing & Disclosure
- Other users’ content may be used only within Ancestry Services and in line with the Terms Content & IP Rights
- Ancestry may review and screen Your Content and remove or disable access to illegal or rule-breaking content Use & Processing
- Serious or repeat violations will lead to account suspension or termination Account & Service Control
- You have all the necessary legal rights to upload, post, or share Your Content;
- You confirm you have rights to Your Content and that it follows the law and Community Guidelines Legal Rights & Agreement Rules
- Your Content does not violate any applicable laws;
- You confirm you have rights to Your Content and that it follows the law and Community Guidelines Legal Rights & Agreement Rules
- Your Content that you share publicly will not include Personal Information as defined in our [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement) about a living person without their consent. In the case of living minors, you will get consent from their parent or guardian;
- You have informed any living individuals in Your Content that Ancestry may create a temporary abstract numerical representation of images to group similar faces within your private gallery, which may be considered biometric processing in certain jurisdictions. Ancestry does not retain or store these representations.
- All Your Content will comply with the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines);
- You confirm you have rights to Your Content and that it follows the law and Community Guidelines Legal Rights & Agreement 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 Guidelines](https://www.ancestry.com/c/legal/community-guidelines), 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. Ancestry’s procedure for assessing and removing content is set out here.
- Serious or repeat violations will lead to account suspension or termination Account & Service Control
3.4 Reporting Violations of these Terms
- You can report content or behavior that breaks the rules, and use the Copyright Policy for infringement claims Legal Rights & Agreement Rules
If you have concerns that any content or platform behavior violates the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines), infringes your rights, contains illegal material, or otherwise violates these Terms, please contact us or file a report online.
- You can report content or behavior that breaks the rules, and use the Copyright Policy for infringement claims Legal Rights & Agreement Rules
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](https://www.ancestry.com/c/legal/copyright-policy).
- You can report content or behavior that breaks the rules, and use the Copyright Policy for infringement claims Legal Rights & Agreement Rules
For users based in the EU, consistent with our obligations under the EU Digital Services Act, Ancestry will also:
- EU users: reasoned decisions on reported content and an appeal route under the Digital Services Act Legal Rights & Agreement Rules
- Inform any user who has reported content or alleged behavior that violates our Terms of our reasoned decision;
- EU users: reasoned decisions on reported content and an appeal route under the Digital Services Act Legal Rights & Agreement Rules
- Where relevant, notify any user against whom action was taken our reasoned decision;
- EU users: reasoned decisions on reported content and an appeal route under the Digital Services Act Legal Rights & Agreement Rules
- Review an appeal or petition for redress from any EU resident affected by Ancestry’s decision. In such cases, please contact Ancestry here.
- EU users: reasoned decisions on reported content and an appeal route under the Digital Services Act Legal Rights & Agreement Rules
4. Termination or Suspension of Your Account
- Ancestry may limit, suspend or terminate access if you breach the Terms, and must give reasons Account & Service Control
We reserve the right to limit, suspend, or terminate your access to the Services if you breach these Terms, including the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines). 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 Guidelines](https://www.ancestry.com/c/legal/community-guidelines).
- Ancestry may limit, suspend or terminate access if you breach the Terms, and must give reasons Account & Service Control
- No refund of subscription fees or DNA kit price if you lose access because of your breach Charges & Financial Obligations
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.
- If Ancestry breaches and cannot cure within 30 days, a subscriber who terminates gets a prorated refund of pre-paid fees Charges & Financial Obligations
5. Renewals and Cancellations for Ancestry Services
- Purchases and subscriptions are governed by the separate Renewal and Cancellation Terms Charges & Financial Obligations
Your purchase(s) of and subscription(s) to any of the Services are subject to the [Renewal and Cancellation Terms](https://www.ancestry.com/c/legal/renewal-cancellation-terms).
- Purchases and subscriptions are governed by the separate Renewal and Cancellation Terms Charges & Financial Obligations
6. No Guarantees or Warranties
- The Services and Ancestry Content are provided “AS-IS”, with warranties disclaimed Legal Rights & Agreement Rules
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.
- The Services and Ancestry Content are provided “AS-IS”, with warranties disclaimed Legal Rights & Agreement Rules
- EU/UK consumers keep mandatory local consumer law and get reasonable notice of service changes Legal Rights & Agreement Rules
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](https://www.ancestry.com/c/legal/renewal-cancellation-terms).
- Ancestry may run experiments and add or remove features; EU/UK consumers get as much notice as reasonably feasible Account & Service Control
7. Ancestry’s Limited Liability
- You assume the risks of unexpected discoveries; Ancestry is not liable for their consequences Legal Rights & Agreement Rules
- Ancestry’s liability is limited to the fullest extent allowed by law Legal Rights & Agreement Rules
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.
- You assume the risks of unexpected discoveries; Ancestry is not liable for their consequences Legal Rights & Agreement Rules
- Ancestry’s liability is limited to the fullest extent allowed by law Legal Rights & Agreement Rules
- Your sole remedy is to stop using the Services; total liability is capped at what you paid in the prior 12 months Charges & Financial Obligations
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](https://www.ancestry.com/c/legal/renewal-cancellation-terms). 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.
- Your sole remedy is to stop using the Services; total liability is capped at what you paid in the prior 12 months Charges & Financial Obligations
8. Your Indemnity
- You agree to indemnify Ancestry and related parties for claims from your use, violations or Your Content Legal Rights & Agreement Rules
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.
- You agree to indemnify Ancestry and related parties for claims from your use, violations or Your Content Legal Rights & Agreement Rules
- You release the Ancestry Parties from claims connected to Your Content Legal Rights & Agreement Rules
9. Services Offered by Other Companies
- Links to third-party sites are not endorsements, and Ancestry gives no warranty about them Legal Rights & Agreement Rules
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.
- Links to third-party sites are not endorsements, and Ancestry gives no warranty about them Legal Rights & Agreement Rules
10. Dispute Resolution, Arbitration and Class Action Waiver
- Before a dispute goes further, you agree to first try to resolve it informally by contacting Ancestry Legal Rights & Agreement Rules
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE ANY LAWSUIT IN COURT.
- US customers: disputes go to final, binding arbitration, with three exceptions Legal Rights & Agreement Rules
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.
- Before a dispute goes further, you agree to first try to resolve it informally by contacting Ancestry Legal Rights & Agreement Rules
10.1 For Customers In the United States
- US customers: disputes go to final, binding arbitration, with three exceptions Legal Rights & Agreement Rules
- “Dispute” is defined as broadly as legally permissible and covers related persons and Ancestry affiliates Legal Rights & Agreement Rules
- If you use Ancestry for a minor or person in your guardianship, you agree to arbitration on their behalf Legal Rights & Agreement Rules
- Either side may choose small-claims court for a qualifying dispute, until the arbitrator is appointed Legal Rights & Agreement Rules
- Mixed money and injunction claims split between small claims and arbitration Legal Rights & Agreement Rules
- Either party may sue in Utah state court only for patent or copyright infringement claims Legal Rights & Agreement Rules
- You may bring a claim to the attention of a government agency that may seek relief against Ancestry Legal Rights & Agreement Rules
- The Federal Arbitration Act governs the US arbitration provisions, not another jurisdiction’s procedural law Legal Rights & Agreement Rules
- US: you must give 60 days’ written notice with claim details before starting arbitration Legal Rights & Agreement Rules
- US arbitration runs through JAMS, individually before one arbitrator, with desk arbitration for smaller claims Legal Rights & Agreement Rules
- The arbitrator, not a court, decides arbitrability; the award is binding and can be entered as a judgment Legal Rights & Agreement Rules
- US: how to start an arbitration, where it may be held, and consent to Salt Lake City courts Legal Rights & Agreement Rules
- US: the parties pick the arbitrator by agreement, otherwise by alternating strikes from JAMS lists Legal Rights & Agreement Rules
- US: you pay $250 (or the JAMS amount) to start; Ancestry pays other JAMS fees if the case is non-frivolous Charges & Financial Obligations
- US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations Legal Rights & Agreement Rules
- US mass claims: a global mediation follows the 12 bellwether awards, and Ancestry pays the mediation fee Legal Rights & Agreement Rules
- US mass claims: if mediation fails, remaining claims may go to court in Utah or individual AAA arbitration Legal Rights & Agreement Rules
- US: a court may enforce the multiple-claims procedure and enjoin mass filings Legal Rights & Agreement Rules
- Governing law: Utah and US law if you access the Services in the US; Irish law if you access them elsewhere Legal Rights & Agreement Rules
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.
- The Federal Arbitration Act governs the US arbitration provisions, not another jurisdiction’s procedural law Legal Rights & Agreement Rules
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:
- US customers: disputes go to final, binding arbitration, with three exceptions Legal Rights & Agreement Rules
- “Dispute” is defined as broadly as legally permissible and covers related persons and Ancestry affiliates Legal Rights & Agreement Rules
- If you use Ancestry for a minor or person in your guardianship, you agree to arbitration on their behalf Legal Rights & Agreement Rules
- Governing law: Utah and US law if you access the Services in the US; Irish law if you access them elsewhere Legal Rights & Agreement Rules
- 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.
- Either side may choose small-claims court for a qualifying dispute, until the arbitrator is appointed Legal Rights & Agreement Rules
- Mixed money and injunction claims split between small claims and arbitration Legal Rights & Agreement Rules
- US arbitration runs through JAMS, individually before one arbitrator, with desk arbitration for smaller claims Legal Rights & Agreement Rules
- Each party may bring a suit in court in the state of Utah only for a claim of patent or copyright infringement.
- Either party may sue in Utah state court only for patent or copyright infringement claims Legal Rights & Agreement Rules
- 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.
- You may bring a claim to the attention of a government agency that may seek relief against Ancestry Legal Rights & Agreement Rules
10.1.1 FAA Applies
- The Federal Arbitration Act governs the US arbitration provisions, not another jurisdiction’s procedural law Legal Rights & Agreement Rules
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.
- The Federal Arbitration Act governs the US arbitration provisions, not another jurisdiction’s procedural law Legal Rights & Agreement Rules
10.1.2 Pre-Arbitration Dispute Resolution
- US: you must give 60 days’ written notice with claim details before starting arbitration Legal Rights & Agreement Rules
- US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations Legal Rights & Agreement Rules
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, 42 Future Way, Suite 400, Draper, UT 84020. 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 the information described above. 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.
- US customers: disputes go to final, binding arbitration, with three exceptions Legal Rights & Agreement Rules
- US: you must give 60 days’ written notice with claim details before starting arbitration Legal Rights & Agreement Rules
- The arbitrator, not a court, decides arbitrability; the award is binding and can be entered as a judgment Legal Rights & Agreement Rules
- US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations Legal Rights & Agreement Rules
10.1.3 Arbitration Rules
- US arbitration runs through JAMS, individually before one arbitrator, with desk arbitration for smaller claims Legal Rights & Agreement 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.
- US customers: disputes go to final, binding arbitration, with three exceptions Legal Rights & Agreement Rules
- US arbitration runs through JAMS, individually before one arbitrator, with desk arbitration for smaller claims Legal Rights & Agreement Rules
- The arbitrator, not a court, decides arbitrability; the award is binding and can be entered as a judgment Legal Rights & Agreement Rules
- US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations Legal Rights & Agreement Rules
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, 42 Future Way, Suite 400, Draper, UT 84020. Arbitration may take place in the state 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 Salt Lake City, Utah 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.
- US: how to start an arbitration, where it may be held, and consent to Salt Lake City courts Legal Rights & Agreement Rules
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.
- US: the parties pick the arbitrator by agreement, otherwise by alternating strikes from JAMS lists Legal Rights & Agreement Rules
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.
- US: you pay $250 (or the JAMS amount) to start; Ancestry pays other JAMS fees if the case is non-frivolous Charges & Financial Obligations
10.1.4 Multiple Claims
- US arbitration runs through JAMS, individually before one arbitrator, with desk arbitration for smaller claims Legal Rights & Agreement Rules
- US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations Legal Rights & Agreement Rules
- US: disputes only on an individual basis; no class or representative actions; consolidation only via mass-claims process Legal Rights & Agreement Rules
If 25 or more individuals initiate notices of dispute with Ancestry raising similar claims, as described in section 10.1.2 above, and if counsel for the individuals initiating those notices of dispute bringing the claims is the same or coordinated for these individuals, to the extent any such claims proceed in arbitration, all such claims shall not proceed before JAMS under the JAMS rules and shall instead proceed before the American Arbitration Association (“AAA”) as set forth below.
- US arbitration runs through JAMS, individually before one arbitrator, with desk arbitration for smaller claims Legal Rights & Agreement Rules
- US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations Legal Rights & Agreement Rules
- US: disputes only on an individual basis; no class or representative actions; consolidation only via mass-claims process Legal Rights & Agreement Rules
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.
- US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations Legal Rights & Agreement Rules
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.
- US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations Legal Rights & Agreement Rules
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.
- US mass claims: a global mediation follows the 12 bellwether awards, and Ancestry pays the mediation fee Legal Rights & Agreement Rules
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.
- US mass claims: if mediation fails, remaining claims may go to court in Utah or individual AAA arbitration Legal Rights & Agreement Rules
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.
- The arbitrator, not a court, decides arbitrability; the award is binding and can be entered as a judgment Legal Rights & Agreement Rules
- US: a court may enforce the multiple-claims procedure and enjoin mass filings Legal Rights & Agreement Rules
10.1.5 No Class Actions
- US customers: disputes go to final, binding arbitration, with three exceptions Legal Rights & Agreement Rules
- US: disputes only on an individual basis; no class or representative actions; consolidation only via mass-claims process Legal Rights & Agreement Rules
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.
- US customers: disputes go to final, binding arbitration, with three exceptions Legal Rights & Agreement Rules
- US mass claims: if mediation fails, remaining claims may go to court in Utah or individual AAA arbitration Legal Rights & Agreement Rules
- US: disputes only on an individual basis; no class or representative actions; consolidation only via mass-claims process Legal Rights & Agreement Rules
- US: if the Class Action Waiver is held unenforceable, arbitration falls away and Utah courts hear the dispute Legal Rights & Agreement Rules
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.
- US: an arbitration award, and the judgment confirming it, applies only to that case Legal Rights & Agreement Rules
10.1.6 Severability
- US: if part of Section 10 is invalid, the rest stays in effect (except as the Class Action Waiver provides) Legal Rights & Agreement Rules
Other than as set forth in the Class Action Waiver in section 10.1.5, if any provision of section 10 is adjudged to be invalid, unenforceable, unconscionable, void or voidable, in whole or in part, such adjudication will not affect the validity of section 10 of the Terms and Conditions. All remaining provisions will remain in effect.
- US: if part of Section 10 is invalid, the rest stays in effect (except as the Class Action Waiver provides) Legal Rights & Agreement Rules
10.1.7 Changes to This Section
- US: changes to the dispute section need 30 days’ notice and apply only to later claims Legal Rights & Agreement Rules
- Terms may be modified; material changes take effect 30 days after posting, sooner for new Services or legal needs Legal Rights & Agreement Rules
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.
- US: changes to the dispute section need 30 days’ notice and apply only to later claims Legal Rights & Agreement Rules
- Terms may be modified; material changes take effect 30 days after posting, sooner for new Services or legal needs Legal Rights & Agreement Rules
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 section 10 entitled “Dispute, Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the immediately preceding version of the Arbitration Agreement and Class Action Waiver section.
- US: changes to the dispute section need 30 days’ notice and apply only to later claims Legal Rights & Agreement Rules
10.1.8 Survival
- US: the dispute resolution, arbitration and class waiver section survives account termination Legal Rights & Agreement Rules
This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.
- US: the dispute resolution, arbitration and class waiver section survives account termination Legal Rights & Agreement Rules
10.2 For Customers Outside the United States
- Outside the US: non-consumer EU customers and others accept Irish courts; Irish law governs Legal Rights & Agreement Rules
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.
- Outside the US: non-consumer EU customers and others accept Irish courts; Irish law governs Legal Rights & Agreement Rules
10.2.1 European Union, UK Consumers
- The Services and Ancestry Content are provided “AS-IS”, with warranties disclaimed Legal Rights & Agreement Rules
- Ancestry may run experiments and add or remove features; EU/UK consumers get as much notice as reasonably feasible Account & Service Control
- EU/UK consumers keep mandatory local consumer law and get reasonable notice of service changes Legal Rights & Agreement Rules
- EU/UK consumers: Ancestry enforces its rights only in your home courts, with a stated carve-out Legal Rights & Agreement Rules
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 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.
- The Services and Ancestry Content are provided “AS-IS”, with warranties disclaimed Legal Rights & Agreement Rules
- Ancestry may run experiments and add or remove features; EU/UK consumers get as much notice as reasonably feasible Account & Service Control
- Ancestry’s liability is limited to the fullest extent allowed by law Legal Rights & Agreement Rules
- Your sole remedy is to stop using the Services; total liability is capped at what you paid in the prior 12 months Charges & Financial Obligations
- EU/UK consumers keep mandatory local consumer law and get reasonable notice of service changes Legal Rights & Agreement Rules
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.
- EU/UK consumers: Ancestry enforces its rights only in your home courts, with a stated carve-out Legal Rights & Agreement Rules
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.
- EU/UK consumers: Ancestry enforces its rights only in your home courts, with a stated carve-out Legal Rights & Agreement Rules
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.
- EU consumers may bring court proceedings where they live or in Ireland, where Ancestry has its place of business Legal Rights & Agreement Rules
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.
- UK consumers: proceedings go to the courts of England and Wales, which have exclusive jurisdiction Legal Rights & Agreement Rules
For European Union Consumers, please read our [Accessibility Statement](https://www.ancestry.com/c/legal/accessibility) which is prepared for the purposes of the European Union (Accessibility Requirements for Products and Services) Regulations 2023 which implement Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (the European Accessibility Act).
- EU consumers are pointed to an Accessibility Statement prepared under the European Accessibility Act Legal Rights & Agreement Rules
If you are a UK user, you have a right to bring a claim for breach of contract in respect of these Terms in the event that (i) content which you generate, upload or share on the Services is taken down, or access to it is restricted, in breach of these Terms or (ii) your access is suspended (including any ban imposed on your use of the Services) in breach of these Terms.
- Ancestry may limit, suspend or terminate access if you breach the Terms, and must give reasons Account & Service Control
- UK users may bring a breach-of-contract claim if content is removed or access is suspended contrary to the Terms Account & Service Control
10.2.2 International Consumers
- Consumers in other countries keep mandatory local consumer law Legal Rights & Agreement Rules
If you are a consumer accessing the Services in a country other than the United States, European Union or United Kingdom you may 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.
- The Services and Ancestry Content are provided “AS-IS”, with warranties disclaimed Legal Rights & Agreement Rules
- Ancestry’s liability is limited to the fullest extent allowed by law Legal Rights & Agreement Rules
- Consumers in other countries keep mandatory local consumer law Legal Rights & Agreement Rules
10.3 Controlling Law
- Governing law: Utah and US law if you access the Services in the US; Irish law if you access them elsewhere Legal Rights & Agreement Rules
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.
- Governing law: Utah and US law if you access the Services in the US; Irish law if you access them elsewhere Legal Rights & Agreement Rules
If you access the Services anywhere outside the United States, the laws of Ireland govern these Terms.
- Outside the US: non-consumer EU customers and others accept Irish courts; Irish law governs Legal Rights & Agreement Rules
- Governing law: Utah and US law if you access the Services in the US; Irish law if you access them elsewhere Legal Rights & Agreement Rules
11. Miscellaneous
11.1 Modifications
- Terms may be modified; material changes take effect 30 days after posting, sooner for new Services or legal needs Legal Rights & Agreement Rules
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.
- Terms may be modified; material changes take effect 30 days after posting, sooner for new Services or legal needs Legal Rights & Agreement Rules
- Continuing to use the Services means you accept modified Terms; if you disagree, stop using them Legal Rights & Agreement Rules
11.2 Entire Agreement
- The Terms plus incorporated documents are the entire agreement and replace earlier agreements Legal Rights & Agreement Rules
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.
- The Terms plus incorporated documents are the entire agreement and replace earlier agreements Legal Rights & Agreement Rules
11.3 Transfer of Rights and Obligations
- Ancestry may assign its rights; if Ancestry is acquired it may share your Personal Information and Your Content Sharing & Disclosure
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](https://www.ancestry.com/c/legal/privacystatement#intro) 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.
- Ancestry may assign its rights; if Ancestry is acquired it may share your Personal Information and Your Content Sharing & Disclosure
11.4 Severability
- If a clause is unenforceable, the rest of the Terms stays in force, except as explicitly provided Legal Rights & Agreement Rules
Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms.
- If a clause is unenforceable, the rest of the Terms stays in force, except as explicitly provided Legal Rights & Agreement Rules
11.5 No Waiver
- Ancestry not enforcing a provision is not a waiver, and it reserves rights not expressly given to you Legal Rights & Agreement Rules
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.
- Ancestry not enforcing a provision is not a waiver, and it reserves rights not expressly given to you Legal Rights & Agreement Rules
11.6 Minors Thirteen and Under.
- Ancestry does not knowingly collect Personal Information directly from anyone under 13 and will try to delete it Data Access & Collection
Ancestry does not knowingly seek or collect any [Personal Information](https://www.ancestry.com/c/legal/privacystatement#intro) directly from anyone under the age of 13 and will take commercially reasonable efforts to delete such data from our systems.
- Ancestry does not knowingly collect Personal Information directly from anyone under 13 and will try to delete it Data Access & Collection
11.7 Fair Credit Reporting Act
- Ancestry is not a consumer reporting agency; no using the Services for credit, insurance or employment decisions Legal Rights & Agreement Rules
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).
- Ancestry is not a consumer reporting agency; no using the Services for credit, insurance or employment decisions Legal Rights & Agreement Rules
11.8 Unsolicited Idea Submission Policy
- Unsolicited ideas or materials you send are treated as non-confidential and Ancestry may use them freely Content & IP Rights
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.
- Unsolicited ideas or materials you send are treated as non-confidential and Ancestry may use them freely Content & IP Rights
These Terms and Conditions were consolidated from separate prior versions. For prior versions of the terms and conditions applicable to the Services, click [here](https://www.ancestry.com/c/legal/terms-and-conditions-archive).
- These Terms were consolidated from separate prior versions; earlier versions are on a linked archive Legal Rights & Agreement Rules