Terms effective 12 May 2026; summary lists recent changes
This version of the Ancestry Terms and Conditions states an effective date of 12 May 2026. A summary at the top says the most recent changes updated language about who may use the Services, users’ rights and obligations, and product and feature offerings, and updated the Dispute Resolution section for US users. The summary is described as an aid and encourages reading the full Terms together with the Privacy Statement; it does not itself list the specific wording changes.
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Effective Date: 12 May 2026
This summary is intended to help you better understand recent changes to the Ancestry Terms and how the changes may impact you.
We updated language clarifying who may use the Services.
We updated language regarding users’ rights and obligations.
We updated language reflecting changes to product and feature offerings.
We updated the Dispute Resolution section for US users.
Qualifications & exceptions
The summary only names categories of change; it does not say what the earlier wording was.
Not stated here
The specific wording differences from earlier versions are not set out in this source (a link to prior versions appears near the end of the Terms).
Legal Rights & Agreement Rules · Context
Terms govern use of Ancestry and affiliates’ products and services
The introduction says the Terms govern your use of Ancestry and of its affiliates’ products and services, and asks you to read them carefully. The Terms are organized into the sections listed in the table of contents (introduction to services, Ancestry Content, Your Content, termination, renewals and cancellations, no guarantees, limited liability, indemnity, other companies’ services, dispute resolution and miscellaneous).
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Please read the following Terms carefully, as they govern your use of Ancestry and our affiliates’ products and services.
Legal Rights & Agreement Rules · Context
Using any listed Ancestry service means agreeing to these Terms
The Terms apply to the websites, services and mobile apps that link to them: Ancestry, AncestryDNA, Newspapers.com, Find a Grave, Fold3, Forces War Records, Archives and WeRemember, plus other related brands (together, the “Services”). By using any of them you agree to the Terms, and new features added to the Services in future are also covered by the Terms.
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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.
Qualifications & exceptions
The list of brands is the source’s own; “other related brands” is not further defined here.
Legal Rights & Agreement Rules · Permission or license
The Ancestry company you contract with depends on service and where you live
You enter the Terms with a specific Ancestry entity, which depends on which Service you use and where you reside; a list of entities by Service and geography is linked. “Ancestry”, “us” and “we” in the Terms mean the relevant entity on that list, and Ancestry reserves the right to change the entity that is party to the Terms at any time.
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You are entering into these Terms with a specific Ancestry entity depending on what Service you are using and where you reside.
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.
Not stated here
The entity list is a linked page that is not part of this source, so which entity applies to a given user is not stated here.
Legal Rights & Agreement Rules · Context
Your use is also subject to several linked Ancestry policies
Use of the Services is subject to the Terms, and the Terms name additional use-related policies and guidelines that set expectations for how the Services may be used: Community Guidelines, Renewal and Cancellation Terms, Trademark Usage Guidelines, Copyright Policy, Guide for Law Enforcement and SMS Terms. The Terms ask you to read them, and say that if you do not agree to the Terms you should not use the Services.
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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).
If you do not agree to these Terms, you should not use our Services.
Not stated here
The text of the linked policies is not part of this source, so their specific rules are not explained here.
Legal Rights & Agreement Rules · Context
Additional terms for a new Service or promotion prevail if they conflict
Additional terms may apply when you sign up for a new Service or take advantage of a promotion or special offer. Ancestry says it will disclose them to you in advance and they become part of your agreement with Ancestry; if they conflict with these Terms, the additional terms prevail.
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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.
Legal Rights & Agreement Rules · Restriction or exception
You assume the risks of unexpected discoveries; Ancestry is not liable for their consequences
The Terms warn that using the Services may reveal unexpected facts about you or your family, or content you find offensive, inaccurate or objectionable. You expressly agree to assume all risks associated with using the Services and not to hold Ancestry liable for any social, emotional or legal consequences of such discoveries or encounters. The Terms point to Section 7 for Ancestry’s limited liability, which separately limits liability to the fullest extent allowed by law.
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When using our Services you may discover unexpected facts about yourself or your family.
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
7. Ancestry’s Limited Liability
By using the Services, you agree that Ancestry’s liability is limited to the fullest extent allowed by law.
Qualifications & exceptions
The text says Section 7 contains further limits; its jurisdiction-based qualification is explained on the Section 7 card.
Not stated here
A linked page with more guidance about Unexpected Results is referenced but not supplied.
Legal Rights & Agreement Rules · Restriction or exception
You agree not to use the Services in connection with a law enforcement investigation or criminal proceeding
Among the commitments you make to access the Services is a promise not to use the Services in connection with any law enforcement investigation or criminal judicial proceeding. The Terms point to Ancestry’s Privacy Center for more information. This is a restriction on you as a user of the Services; the Guide for Law Enforcement is a separate linked document.
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Not to use the Services in connection with any law enforcement investigation or criminal judicial proceeding.
Not stated here
The Privacy Center page and the Guide for Law Enforcement are linked but not supplied in this source.
Legal Rights & Agreement Rules · Restriction or exception
You agree not to use DNA Services information for discrimination or illegal activity
Part of the additional DNA commitments is that you will not use information obtained from the DNA Services for any discriminatory purpose or illegal activity.
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In addition to the requirements in Section 1.3 above, you also agree:
Not to use information obtained from the DNA Services for any discriminatory purpose or illegal activity.
Legal Rights & Agreement Rules · Restriction or exception
DNA results are not intended for medical, diagnostic, law enforcement or paternity use
You agree that information obtained from the DNA Services is not intended for any medical, diagnostic, law enforcement or paternity testing purpose, or for use in any criminal judicial proceeding. The Terms point to Ancestry’s Privacy Center for more information.
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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.
Not stated here
The Privacy Center page is linked but not supplied in this source.
Legal Rights & Agreement Rules · Restriction or exception
You confirm you have rights to Your Content and that it follows the law and Community Guidelines
You are responsible for the decision to create, upload, post or share Your Content. By contributing or accessing it you agree that you have all the necessary legal rights to upload, post or share it, that it does not violate any applicable laws, and that it will comply with the Community Guidelines.
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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
All Your Content will comply with the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines)
Not stated here
The Community Guidelines are linked but not supplied.
Legal Rights & Agreement Rules · Procedure
You can report content or behavior that breaks the rules, and use the Copyright Policy for infringement claims
If you have concerns that content or platform behavior violates the Community Guidelines, infringes your rights, contains illegal material or otherwise violates the Terms, you can contact Ancestry or file a report online. Complaints about copyright infringement, including takedown requests under the US Digital Millennium Copyright Act, go through the linked Copyright Policy.
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3.4 Reporting Violations of these Terms
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.
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).
Not stated here
The reporting channels and the Copyright Policy are linked but not supplied.
Legal Rights & Agreement Rules · User right or choice
EU users: reasoned decisions on reported content and an appeal route under the Digital Services Act
For users based in the EU, consistent with its obligations under the EU Digital Services Act, Ancestry says it will also: inform any user who reported content or alleged behavior that violates the Terms of its reasoned decision; where relevant, notify any user against whom action was taken of its reasoned decision; and review an appeal or petition for redress from any EU resident affected by its decision.
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For users based in the EU, consistent with our obligations under the EU Digital Services Act, Ancestry will also:
Inform any user who has reported content or alleged behavior that violates our Terms of our reasoned decision
Where relevant, notify any user against whom action was taken our reasoned decision
Review an appeal or petition for redress from any EU resident affected by Ancestry’s decision.
Qualifications & exceptions
Scope: users based in the EU (the appeal item refers to any EU resident affected by the decision).
Not stated here
How to contact Ancestry for an appeal is a link not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
The Services and Ancestry Content are provided “AS-IS”, with warranties disclaimed
Ancestry provides the Services and the Ancestry Content on an “AS-IS” basis, meaning without any guarantee or warranty, and to the maximum extent permitted by law disclaims all express or implied warranties, including implied warranties of non-infringement, merchantability and fitness for a particular purpose. It makes no promises about the Ancestry Content, Your Content, the specific functionality of the Services, the quality, accuracy, reliability or availability of the Ancestry Content or Services, or freedom from viruses or other harmful components. This section is expressly subject to Section 10.2.1: a European Union or United Kingdom consumer benefits from any mandatory provisions of the law of their country of residence and nothing in the Terms affects their right to rely on them. Section 10.2.2 says the same for consumers in other countries outside the United States, European Union and United Kingdom.
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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.
10.2.1 European Union, 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.
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.
Qualifications & exceptions
The consumer protections are stated for EU/UK consumers (Section 10.2.1) and for consumers outside the US, EU and UK (Section 10.2.2); the text does not describe a similar carve-out for US consumers beyond “to the maximum extent permitted by law”.
Not stated here
The content of any mandatory local law is not stated in the Terms.
Legal Rights & Agreement Rules · Restriction or exception
Ancestry’s liability is limited to the fullest extent allowed by law
By using the Services you agree that Ancestry’s liability is limited to the fullest extent allowed by law, and that Ancestry will not be liable for unintentional damage, actual, incidental or consequential damage, or any loss or claim of any kind. If you live in a jurisdiction that does not allow Ancestry to broadly limit its liability, some of these limitations may not apply to you. For consumers, the Terms also say that nothing in the agreement affects a European Union or United Kingdom consumer’s right to rely on mandatory local consumer law (Section 10.2.1), and the same for consumers elsewhere outside the United States, European Union and United Kingdom (Section 10.2.2).
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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 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.
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.
Not stated here
Which jurisdictions restrict such limits, and how, is not stated in the Terms.
Legal Rights & Agreement Rules · Restriction or exception
You agree to indemnify Ancestry and related parties for claims from your use, violations or Your Content
You agree to indemnify and hold harmless Ancestry, its affiliates and subsidiaries and their respective officers, directors, employees, agents, successors and assigns (the “Ancestry Parties”) from claims, damages or other expenses, including attorney’s fees, that result from your use of the Services and (a) your violation of the Terms or the documents or policies they incorporate, (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 obligation continues after you stop using the Services.
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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.
Legal Rights & Agreement Rules · Restriction or exception
You release the Ancestry Parties from claims connected to Your Content
In addition to the indemnity, you release the Ancestry Parties from all claims, demands, actions or suits in connection with Your Content, including any liability related to Ancestry’s use or non-use of Your Content and claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
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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.
Legal Rights & Agreement Rules · Restriction or exception
Links to third-party sites are not endorsements, and Ancestry gives no warranty about them
The Services may link to websites run by third parties. Ancestry says that does not mean it sponsors, endorses, approves or takes responsibility for them, and it does not warrant any offers or make any guarantees about third-party sites, their content, products or services. You are told to read the terms and privacy documentation for third-party sites carefully because they may differ substantially from Ancestry’s.
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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.
Legal Rights & Agreement Rules · Procedure
Before a dispute goes further, you agree to first try to resolve it informally by contacting Ancestry
Section 10 begins by saying Ancestry wants to resolve disputes quickly and cost-effectively. If you have any concern or dispute about the Services, you agree to first try to resolve it informally by contacting Ancestry. This general statement comes before the separate United States and outside-United-States provisions; the US process also has a written pre-arbitration notice step, explained on its own card.
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10. Dispute Resolution, Arbitration and Class Action Waiver
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.
Not stated here
The text does not say how to contact Ancestry for informal resolution or how long that step lasts.
Legal Rights & Agreement Rules · Restriction or exception
US customers: disputes go to final, binding arbitration, with three exceptions
For customers in the United States, any dispute between you and Ancestry will be resolved through final and binding arbitration under the terms of the agreement, with three exceptions: a small-claims option, court suits in Utah for patent or copyright infringement claims, and bringing a claim to the attention of a government agency. The section opens with a notice that it affects your legal rights, including your right to file any lawsuit in court. Arbitration is administered by JAMS (with a different process for coordinated mass claims), a party must first give 60 days’ written notice before starting arbitration, and the Class Action Waiver bars class or representative actions.
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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE ANY LAWSUIT IN COURT.
10.1 For Customers In the United States
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:
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
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
10.1.5 No Class Actions
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.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1); customers outside the United States are covered by Section 10.2.
Exceptions: small-claims option, Utah court suits only for patent or copyright infringement, and bringing a claim to the attention of a relevant agency (each explained on its own card).
Not stated here
The text does not define who is a “customer in the United States” beyond the heading.
Legal Rights & Agreement Rules · Restriction or exception
“Dispute” is defined as broadly as legally permissible and covers related persons and Ancestry affiliates
For the US arbitration provisions, “dispute” is intended to be as broad as legally permissible. It covers all disputes between you and any other person on whose behalf you have interacted with Ancestry, on one side, and Ancestry, including its parents, subsidiaries, predecessors, successors, assigns or affiliates, on the other, that arise out of or relate in any way to the Terms, the arbitration agreement, or your interactions or relationship with Ancestry.
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10.1 For Customers In the United States
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.
Qualifications & exceptions
Stated within the section for customers in the United States.
Legal Rights & Agreement Rules · Restriction or exception
If you use Ancestry for a minor or person in your guardianship, you agree to arbitration on their behalf
If you have used or will use Ancestry’s Services, or otherwise interact with Ancestry, on behalf of a minor or another individual for whom you are the parent or legal guardian, you agree on that person’s behalf that disputes arising out of or relating to that use or interaction are subject to arbitration and the other agreements in the section, including the Class Action Waiver. You also represent that you have the authority to enter into that agreement on their behalf.
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10.1 For Customers In the United States
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.
Qualifications & exceptions
Stated within the section for customers in the United States.
Legal Rights & Agreement Rules · User right or choice
Either side may choose small-claims court for a qualifying dispute, until the arbitrator is appointed
For customers in the United States, each party has the option to resolve a dispute in the small claims court with jurisdiction over your place of residence, if the dispute qualifies. If the claims in an arbitration request or demand could have been brought in small claims court, any party may choose to have them heard there instead of in arbitration, at any time before the arbitrator is appointed, by notifying the other party in writing. The small-claims route does not allow class, representative or consolidated actions.
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10.1 For Customers In the United States
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 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.
in no way will this provision allow for an action to be brought on a class, representative, or consolidated basis
Qualifications & exceptions
Available only to disputes that qualify for small claims court.
Legal Rights & Agreement Rules · Restriction or exception
Mixed money and injunction claims split between small claims and arbitration
If a dispute involves claims for both monetary relief and equitable or injunctive relief, and the small claims court will not resolve the equitable or injunctive claims, each party has the option to resolve the monetary claims in small claims court, while any claim for equitable or injunctive relief is resolved in arbitration. If the small-claims provision or its limitation on bringing actions to small claims court is found invalid, that provision is severed and the matter proceeds in arbitration.
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10.1 For Customers In the United States
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 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
Qualifications & exceptions
Stated within the section for customers in the United States.
Legal Rights & Agreement Rules · Restriction or exception
Either party may sue in Utah state court only for patent or copyright infringement claims
One exception to US arbitration is that each party may bring a suit in court in the state of Utah, but only for a claim of patent or copyright infringement.
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10.1 For Customers In the United States
Each party may bring a suit in court in the state of Utah only for a claim of patent or copyright infringement.
Qualifications & exceptions
Stated within the section for customers in the United States.
Legal Rights & Agreement Rules · User right or choice
You may bring a claim to the attention of a government agency that may seek relief against Ancestry
One exception to US arbitration is that, if it qualifies, you may bring a claim to the attention of a relevant federal, state or local agency that may seek relief against Ancestry on your behalf.
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10.1 For Customers In the United States
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.
Qualifications & exceptions
Stated within the section for customers in the United States.
Not stated here
The text does not say which claims “qualify”.
Legal Rights & Agreement Rules · Restriction or exception
The Federal Arbitration Act governs the US arbitration provisions, not another jurisdiction’s procedural law
You and Ancestry agree that the Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions. The arbitration agreement and any controversy or claim about it or its breach are governed by the Act’s substantive and procedural provisions, and the parties agree that the substantive or procedural provisions of another jurisdiction are not applied to interpreting or enforcing the arbitration agreement.
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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.
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 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
Qualifications & exceptions
Stated within the section for customers in the United States.
Legal Rights & Agreement Rules · Procedure
US: you must give 60 days’ written notice with claim details before starting arbitration
For customers in the United States, a party who intends to seek arbitration must first notify the other party of the dispute in writing at least 60 days before starting the arbitration, and any applicable limitations period is tolled during those 60 days. Notice to Ancestry goes to its Legal Department in Draper, Utah; notice to you is sent using the contact information on file with Ancestry or, if that is missing or out of date, by personal service. The notice must include enough information to identify your account (including the name and email address used) and to assess and try to resolve the claim: a description of the claim, the supporting facts, the damages sought and the relief sought. Neither party may start an arbitration without first providing that information. If the dispute is not resolved within 60 days, either party may then file a demand for arbitration. A dispute over whether the notice is sufficient must be decided by a court of competent jurisdiction before any demand for arbitration is filed.
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10.1 For Customers In the United States
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, 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.
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.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1).
Legal Rights & Agreement Rules · Procedure
US arbitration runs through JAMS, individually before one arbitrator, with desk arbitration for smaller claims
For customers in the United States, arbitration is conducted by JAMS under its Streamlined Arbitration Procedure Rules for claims not exceeding $250,000 and its Comprehensive Arbitration Rules and Procedures for claims over $250,000, as in effect when the arbitration starts, excluding any rules or procedures governing or permitting class actions. Each arbitration proceeds individually before a single arbitrator and is not consolidated with anyone else’s claims. Where no disclosed claim or counterclaim exceeds $25,000 (excluding any claim for attorneys’ fees), the dispute is decided on documents only (desk arbitration) unless the arbitrator finds good cause for a live hearing. Either party may file dispositive motions, which the arbitrator decides under the standards of the Federal Rules of Civil Procedure. Two qualifications: coordinated mass claims (25 or more individuals with the same or coordinated counsel) proceed before the American Arbitration Association instead, under the separate Section 10.1.4 process, and claims that could have been brought in small claims court may be moved there before the arbitrator is appointed.
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10.1 For Customers In the United States
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.
10.1.4 Multiple Claims
If 25 or more individuals initiate notices of dispute with Ancestry raising similar claims
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
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
Qualifications & exceptions
Applies to customers in the United States (Section 10.1).
The mass-claims trigger (Section 10.1.4) applies only if counsel for the individuals is the same or coordinated, to the extent the claims proceed in arbitration.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator, not a court, decides arbitrability; the award is binding and can be entered as a judgment
For customers in the United States, the arbitrator, and not any federal, state or local court or agency, has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability or formation of the arbitration agreement, the Terms or the Privacy Statement. That includes claims that all or part of the Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, and whether a party waived arbitration through litigation conduct. The arbitrator may grant whatever relief a court could grant in law or equity, and the written award is binding on the parties and may be entered as a judgment in any court of competent jurisdiction. There are stated limits: a court decides disputes over whether the pre-arbitration notice is sufficient, and a court may enforce the Section 10.1.4 multiple-claims procedure and enjoin mass filings of arbitration demands.
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10.1 For Customers In the United States
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 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.
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.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1).
Not stated here
The text does not say how the court-versus-arbitrator boundaries are resolved if they conflict.
Legal Rights & Agreement Rules · Procedure
US: how to start an arbitration, where it may be held, and consent to Salt Lake City courts
To start an arbitration, a customer in the United States must write a Demand for Arbitration describing the claim and the damages sought, send three copies plus the appropriate filing fee to JAMS in San Francisco, and send one copy to the Ancestry Legal Department in Draper, Utah. The arbitration may take place in the state where you reside at the time of filing. You and Ancestry also agree to submit to the personal jurisdiction of any federal or state court in Salt Lake City, Utah, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the arbitrator’s award.
Supporting quotations
10.1 For Customers In the United States
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.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1); a pre-arbitration written notice step comes first (see that card).
Not stated here
The filing fee amount is addressed in the fees paragraph of this section (separate card).
Legal Rights & Agreement Rules · Procedure
US: the parties pick the arbitrator by agreement, otherwise by alternating strikes from JAMS lists
For customers in the United States, the parties select the arbitrator by mutual agreement. If they cannot agree, JAMS gives each party a list of nine arbitrators from its panel. Each party has ten calendar days to strike names it finds unacceptable. If one common name remains, that person is the arbitrator; if more than one remains, the parties alternate striking by JAMS-administered telephone conference, with the claimant striking first, until one remains. If no common name remains, JAMS furnishes another list of nine and the alternating strikes repeat, and if the selected person cannot serve, JAMS issues another list and the process repeats.
Supporting quotations
10.1 For Customers In the United States
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 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 the individual selected cannot serve, JAMS will issue another list of nine (9) arbitrators and repeat the alternate striking selection process.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1).
Legal Rights & Agreement Rules · Procedure
US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations
If 25 or more individuals send Ancestry notices of dispute (under the Section 10.1.2 pre-arbitration notice) raising similar claims, and the same or coordinated counsel represents them, then to the extent those claims proceed in arbitration they go to the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules rather than to JAMS. In the first phase, 12 arbitrations proceed, each before a single arbitrator; Ancestry’s counsel and the individuals’ counsel each choose 6 cases, and each of the 12 gets a separate arbitrator from an AAA-provided list (with a 14-day strike-and-rank step if the parties cannot agree). The other individuals’ claims are not filed in AAA until these bellwether proceedings and the global mediation are complete, and any limitations period is tolled from the date of the notice of dispute until then.
Supporting quotations
10.1 For Customers In the United States
10.1.2 Pre-Arbitration Dispute Resolution
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
Other than as set forth in section 10.1.4 below, arbitration will be conducted by JAMS
10.1.4 Multiple Claims
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.
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.
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.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1), only where the claims are similar and the counsel is the same or coordinated.
Legal Rights & Agreement Rules · Procedure
US mass claims: a global mediation follows the 12 bellwether awards, and Ancestry pays the mediation fee
After a final written award in each of the 12 bellwether arbitrations, Ancestry and all individuals with similar claims represented by the same or coordinated counsel participate in a global mediation. The counsel mutually select a mediator, or if they cannot agree each side proposes 4 candidates (excluding anyone who served as a bellwether arbitrator) and they strike names in turn from the list of 8, starting with the individuals’ counsel, until one remains. The mediator receives reasonably anonymized versions of the 12 written awards, Ancestry pays the mediation fee, and the parties have 90 days to complete the mediation unless they mutually agree to extend it.
Supporting quotations
10.1 For Customers In the United States
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.
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.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1), within the Section 10.1.4 multiple-claims process.
Legal Rights & Agreement Rules · Procedure
US mass claims: if mediation fails, remaining claims may go to court in Utah or individual AAA arbitration
If the global mediation does not resolve all claims, Ancestry or the individuals whose claims were not adjudicated in the bellwether proceedings can choose to proceed either in court or in individual AAA arbitration. If Ancestry chooses court, all cases proceed in court. If Ancestry chooses arbitration, each remaining individual may still choose court instead. Claims that go to court proceed in a court of competent jurisdiction in the State of Utah, and under the Class Action Waiver they may not proceed as a class or representative action; the waiver otherwise bars consolidating one individual’s disputes with another’s, except as Section 10.1.4 expressly provides.
Supporting quotations
10.1 For Customers In the United States
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.
Other than as expressly set forth in section 10.1.4 above, no individual’s disputes may be consolidated with another individual’s disputes.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1), within the Section 10.1.4 multiple-claims process.
Legal Rights & Agreement Rules · Restriction or exception
US: a court may enforce the multiple-claims procedure and enjoin mass filings
A court of competent jurisdiction has authority to enforce the Section 10.1.4 multiple-claims procedure and, if necessary, to enjoin the mass filing of arbitration demands against Ancestry if either party does not comply with it. Otherwise, the arbitrator and not any court or agency has exclusive authority to decide disputes about the interpretation, applicability, enforceability or formation of the arbitration agreement, the Terms or the Privacy Statement, including whether a claim is subject to arbitration and waiver by litigation conduct.
Supporting quotations
10.1 For Customers In the United States
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.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1).
Legal Rights & Agreement Rules · Restriction or exception
US: disputes only on an individual basis; no class or representative actions; consolidation only via mass-claims process
In the section for customers in the United States, the “Class Action Waiver” provides that each party may resolve disputes with the other only on an individual basis and may not bring a claim as a plaintiff or class member in a class or representative action. Other than as expressly set forth in the Section 10.1.4 multiple-claims process (25 or more similar claims with the same or coordinated counsel), no individual’s disputes may be consolidated with another’s. The waiver applies both to disputes resolved in arbitration and to any disputes that end up in court.
Supporting quotations
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.
10.1.4 Multiple Claims
If 25 or more individuals initiate notices of dispute with Ancestry raising similar claims
Qualifications & exceptions
Applies to customers in the United States (Section 10.1).
Legal Rights & Agreement Rules · Restriction or exception
US: if the Class Action Waiver is held unenforceable, arbitration falls away and Utah courts hear the dispute
If any court or arbitrator determines that the Class Action Waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class or representative basis, then the arbitration provisions are deemed null and void in their entirety and the parties are deemed not to have agreed to arbitrate disputes. In that case the dispute must be litigated in the federal or state court of competent jurisdiction located in the State of Utah rather than in arbitration. The text frames this as a consequence of the waiver being found unenforceable; it does not itself decide whether the waiver is enforceable.
Supporting quotations
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.
Qualifications & exceptions
Applies to customers in the United States (Section 10.1).
Legal Rights & Agreement Rules · Restriction or exception
US: an arbitration award, and the judgment confirming it, applies only to that case
An arbitration award and the judgment confirming it apply only to that specific case and are not binding on either party in any other case.
Supporting quotations
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.
Qualifications & exceptions
Stated within the section for customers in the United States (Section 10.1).
Legal Rights & Agreement Rules · Restriction or exception
US: if part of Section 10 is invalid, the rest stays in effect (except as the Class Action Waiver provides)
Other than as set forth in the Class Action Waiver, if any provision of Section 10 is adjudged invalid, unenforceable, unconscionable, void or voidable, in whole or in part, that does not affect the validity of Section 10 of the Terms, and all remaining provisions remain in effect.
Supporting quotations
10.1.6 Severability
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.
Qualifications & exceptions
Applies within the section for customers in the United States (Section 10.1); the small-claims clause has its own fallback described on its card.
Legal Rights & Agreement Rules · Procedure
US: changes to the dispute section need 30 days’ notice and apply only to later claims
Ancestry will give thirty days’ notice of any changes affecting the substance of the dispute section, by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged in. Amendments take effect thirty days after they are posted or sent. Changes to this section otherwise apply only to claims arising after the thirtieth day. If a court or arbitrator decides this subsection is not enforceable or valid, it is severed and the court or arbitrator applies the immediately preceding version of the Arbitration Agreement and Class Action Waiver section.
Supporting quotations
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 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.
Qualifications & exceptions
Applies within the section for customers in the United States (Section 10.1).
Legal Rights & Agreement Rules · Restriction or exception
US: the dispute resolution, arbitration and class waiver section survives account termination
The Dispute Resolution, Arbitration and Class Action Waiver section survives any termination of your account or the Services.
Supporting quotations
10.1.8 Survival
This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.
Qualifications & exceptions
Stated within the section for customers in the United States (Section 10.1).
Legal Rights & Agreement Rules · Restriction or exception
Outside the US: non-consumer EU customers and others accept Irish courts; Irish law governs
Under Section 10.2 (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 have exclusive jurisdiction over all disputes, contractual or non-contractual, related to the agreement. Separately, if you access the Services anywhere outside the United States, the laws of Ireland govern the Terms.
Supporting quotations
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.
If you access the Services anywhere outside the United States, the laws of Ireland govern these Terms.
Qualifications & exceptions
Consumers have separate provisions in Sections 10.2.1 (EU/UK) and 10.2.2 (other countries).
Not stated here
The sentence can be read as covering non-consumer EU customers and anyone residing elsewhere outside the US; it does not say how it applies to consumers outside the EU and UK beyond Section 10.2.2’s mandatory-law statement.
Legal Rights & Agreement Rules · User right or choice
EU/UK consumers keep mandatory local consumer law and get reasonable notice of service changes
If you are a European Union or United Kingdom consumer, you benefit from any mandatory provisions of the law of the country where you live, and nothing in the agreement affects your right as a consumer to rely on them. Ancestry will give as much notice as reasonably feasible of any removal, suspension or stopping of a Service or of any functionality or features. The Section 6 warranty disclaimer is expressly made subject to this Section 10.2.1.
Supporting quotations
10.2.1 European Union, 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 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.
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.
Qualifications & exceptions
Stated for EU and UK consumers only.
Not stated here
The text does not list which mandatory provisions apply.
Legal Rights & Agreement Rules · Restriction or exception
EU/UK consumers: Ancestry enforces its rights only in your home courts, with a stated carve-out
If Ancestry seeks to enforce any of its rights against you as a consumer, it may do so only in the courts of the jurisdiction in which you are a resident. The text then says that, subject to that, nothing in the clause limits Ancestry’s rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.
Supporting quotations
10.2.1 European Union, UK Consumers
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.
Qualifications & exceptions
Stated within the section for European Union and United Kingdom consumers (Section 10.2.1).
Not stated here
The text does not explain how the carve-out for enforcement elsewhere and interim relief interacts with the resident-courts rule.
Legal Rights & Agreement Rules · User right or choice
EU consumers may bring court proceedings where they live or in Ireland, where Ancestry has its place of business
If you are a consumer based in the European Union, you are entitled to bring any judicial proceedings relating to the agreement before the competent court of your place of residence or the competent court of Ancestry’s place of business in Ireland.
Supporting quotations
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.
Qualifications & exceptions
Stated for consumers based in the European Union.
Legal Rights & Agreement Rules · Restriction or exception
UK consumers: proceedings go to the courts of England and Wales, which have exclusive jurisdiction
If you are a consumer based in the United Kingdom, you are entitled to bring any judicial proceedings relating to the agreement before the competent court of England and Wales, and you agree that England and Wales has exclusive jurisdiction over all disputes, contractual or non-contractual, related to the agreement.
Supporting quotations
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.
Qualifications & exceptions
Stated for consumers based in the United Kingdom.
Legal Rights & Agreement Rules · Context
EU consumers are pointed to an Accessibility Statement prepared under the European Accessibility Act
For European Union consumers, the Terms direct you to Ancestry’s Accessibility Statement, which the Terms say is prepared for the purposes of the European Union (Accessibility Requirements for Products and Services) Regulations 2023, implementing Directive (EU) 2019/882 (the European Accessibility Act).
Supporting quotations
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).
Qualifications & exceptions
Stated for European Union consumers.
Not stated here
The Accessibility Statement is linked but not supplied.
Legal Rights & Agreement Rules · User right or choice
Consumers in other countries keep mandatory local consumer law
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 where you live, and nothing in the agreement affects your right as a consumer to rely on them.
Supporting quotations
10.2.2 International Consumers
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.
Qualifications & exceptions
Stated for consumers outside the United States, European Union and United Kingdom.
Not stated here
The text does not list which mandatory provisions apply.
Legal Rights & Agreement Rules · Restriction or exception
Governing law: Utah and US law if you access the Services in the US; Irish law if you access them elsewhere
If you access the Services in the United States, the laws of the State of Utah and, as applicable, those of the United States govern the Terms and your use of the Services, and all claims not subject to arbitration and brought in the United States are subject to the exclusive jurisdiction of the courts of competent jurisdiction located in Utah. Claims that are subject to arbitration (see the US arbitration provisions and their exceptions) are handled under those provisions. If you access the Services anywhere outside the United States, the laws of Ireland govern the Terms. For consumers in the EU and UK, Section 10.2.1 separately preserves mandatory local consumer law and sets court options.
Supporting quotations
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.
If you access the Services anywhere outside the United States, the laws of Ireland govern these Terms.
10.1 For Customers In the United States
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:
Qualifications & exceptions
The Utah-courts rule is for claims brought in the United States that are not subject to arbitration.
The Irish-law statement is for access outside the United States; consumer-specific protections for the EU, UK and other countries are in Section 10.2.
Not stated here
The text does not say how “access the Services in the United States” is determined.
Legal Rights & Agreement Rules · Permission or license
Terms may be modified; material changes take effect 30 days after posting, sooner for new Services or legal needs
Ancestry may modify the Terms at any time and agrees to notify you of material changes by posting information through the Services or by email. Material changes become effective thirty days after they are posted, except changes addressing new Services or legal requirements, which are effective immediately. Changes affecting the substance of the dispute resolution section for US customers have their own rule: thirty days’ notice, effective thirty days after posting or sending, and apply only to claims arising afterwards.
Supporting quotations
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.
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.
Qualifications & exceptions
Non-material changes are not given a notice or delay in this clause.
Not stated here
“Material” is not defined.
Legal Rights & Agreement Rules · Restriction or exception
Continuing to use the Services means you accept modified Terms; if you disagree, stop using them
Your continued use of the Services means you accept the modified Terms. If you do not agree to the changes, the Terms say you should stop using the Services and, if applicable, cancel your subscription.
Supporting quotations
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.
Legal Rights & Agreement Rules · Context
The Terms plus incorporated documents are the entire agreement and replace earlier agreements
The Terms and the other documents they incorporate by reference are the entire agreement between you and Ancestry about your use of the Services and supersede any prior agreements.
Supporting quotations
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.
Not stated here
The incorporated documents are linked policies not supplied in this source.
Legal Rights & Agreement Rules · Restriction or exception
If a clause is unenforceable, the rest of the Terms stays in force, except as explicitly provided
Except as the Terms explicitly provide, the unenforceability of any section or clause does not affect the enforceability of the remaining Terms. The dispute resolution section has its own, more specific severability and fallback provisions.
Supporting quotations
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.
Legal Rights & Agreement Rules · Restriction or exception
Ancestry not enforcing a provision is not a waiver, and it reserves rights not expressly given to you
Ancestry’s failure to enforce any provision of the Terms is not a waiver of its rights under that provision, and it reserves all rights not expressly provided to you.
Supporting quotations
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.
Legal Rights & Agreement Rules · Restriction or exception
Ancestry is not a consumer reporting agency; no using the Services for credit, insurance or employment decisions
Ancestry states that it is not a consumer reporting agency as defined in the Fair Credit Reporting Act and that the information on the Services has not been collected, in whole or in part, to furnish consumer reports as the Act defines them. You may not use the Services as a factor in (1) establishing an individual’s eligibility for personal credit or insurance or assessing risks of existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention, including household workers such as babysitters, cleaning personnel, nannies and contractors, or (3) any other personal business transaction with another individual, including leasing an apartment.
Supporting quotations
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).
Qualifications & exceptions
This is a use restriction on you; the cited statute is a US law and its text is not supplied.
Legal Rights & Agreement Rules · Context
These Terms were consolidated from separate prior versions; earlier versions are on a linked archive
The Terms say they were consolidated from separate prior versions, and link to an archive of prior versions of the terms and conditions that applied to the Services.
Supporting quotations
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).
Not stated here
The archive of earlier versions is linked but not supplied in this source.