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Submission: On March 30 via api from US — Scanned from DE
Effective URL: https://www.ancestry.com/c/legal/termsandconditions
Submission: On March 30 via api from US — Scanned from DE
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ANCESTRY USES COOKIES TO CREATE A BETTER EXPERIENCE FOR YOU Ancestry uses cookies and similar technologies on our site to enhance and personalise your browsing experience, to show ads that are relevant to you, analyze your use of our site, and to create a secure and effective site. Click "Accept all" to accept all cookies and go directly to the site or click "Manage cookies" to choose which types of cookies to accept while on the site. You can withdraw your consent for cookies at any time. Learn more in our cookies policy. Accept allReject allManage cookies Skip Ancestry main menu Main Menu * Home * Trees * Search * DNA * Explore * Help * Extras * Subscribe * Sign In * EN HomeExplore Legal terms-and-conditions Terms and Conditions - Ancestry.com ANCESTRY TERMS AND CONDITIONS Language * English * Česky * Dansk * Deutsch * Eesti * Español * Français * Hrvatski * Íslenska * Italiano * Latviešu * Lietuvių * Magyar * Malti * Nederlands * Norsk * Polskie * Português * Română * Shqip * Slovenčina * Slovensko * Suomi * Svenska * Türkçe * Ελληνικά * Български * Հայերեն * ქართული * 한국어 Effective Date: 15 Aug 2022 SUMMARY OF CHANGES This summary is intended to help you better understand recent changes to Ancestry’s Terms and how the changes may impact you. We encourage you to review the Terms in their entirety, along with the Privacy Statement. The most recent changes: * In Sections 2 and 3, clarifying language regarding access and use of Ancestry Content and Your Content; * In Section 10, updating our agreement to arbitrate disputes that cannot be resolved informally; and * Improving legibility and otherwise simplifying the Terms -------------------------------------------------------------------------------- Welcome to Ancestry®, the world's largest online family history resource to build a family tree, find new ancestors, and share discoveries with family. Please read the following Terms carefully, as they govern your use of products and services offered by Ancestry and our affiliates. To help you read these Terms, we have broken them down into the following sections: 1. Introduction to Services 2. Ancestry Content 3. Your Content 4. Renewals and Cancellations for Ancestry Services 5. Termination or Suspension of Your Account 6. No Guarantees or Warranties 7. Ancestry's Limited Liability 8. Your Indemnity 9. Services Offered by Other Companies 10. Dispute Resolution, Arbitration and Class Action Waiver 11. Miscellaneous -------------------------------------------------------------------------------- 1. INTRODUCTION AND SERVICES: By using any of the Ancestry websites, services, and mobile apps that link to these terms—Ancestry®, AncestryDNA®, Newspapers.com™, Find a Grave®, Fold3®, Archives®, and WeRemember®—as well as other related brands (the “Services"), you agree to these Terms and Conditions (the “Terms”). Any new features included in the Services in the future will also be subject to these Terms. Please be aware that these Terms incorporate by reference additional policies and guidelines, including the Community Rules, Cookie Policy, Copyright Policy, Renewal and Cancellation Terms, as well as our Privacy Statement, which explains how we collect and use your personal data. We encourage you to read all of these documents carefully to understand your rights and responsibilities when using the Services. Additional terms may apply when you sign up for a new Service or take advantage of a new promotion or special offer. These terms will be disclosed to you and become part of your agreement with us if you use those Services, promotions, or offers. If any additional terms conflict with these Terms, those additional terms will prevail. If you have any questions about these Terms or our Services, please contact us. 1.1 Unexpected Results. When using our Services you may discover unexpected facts about yourself or your family in public records, Ancestry Content, DNA results, or another User’s content. You acknowledge that such discoveries may have a strong emotional impact on you and others with whom you share these discoveries. You expressly agree to assume all risks associated with your use of the Services, and that Ancestry shall not be liable for any social, emotional, or legal consequences of such discoveries. 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 activator of a DNA kit, is a “User.” Users may need to create an account to use certain Services. Users must provide accurate, complete, and current information when registering. The Services are intended for those who have reached the age of consent where they are being offered. If you are between the ages of 13 and the age of consent where you reside, you may use the Services (excluding any Services requiring a DNA test) with your parent's or guardian's permission. Children under the age of 13 are not permitted to create accounts, however, they are allowed to use AncestryClassroom™ through their school and with their parent’s or guardian’s permission. 1.3 Use of the Services. In exchange for access to the Services, you agree: * To comply with Ancestry’s Community Rules, Cookie Policy, Copyright Policy, and Renewal and Cancellation Terms; * To comply with all applicable laws; * To be responsible for all use and activity of the Services associated with your account or log-in information; * To contact us if you suspect your account has been used without your authorization or you believe your username and password have been stolen; * Not to resell the Services or resell, reproduce, or publish any content or information found on the Services, except as explicitly described in these Terms; * Not to circumvent, disable or otherwise interfere with security-related features of the Services; and * Not to access or collect data in bulk or using automated means, or attempt to access data without permission. This includes, but is not limited to, any bots, crawlers, spiders, data-miners, or scrapers. 1.4 Additional Terms Applicable to Use of DNA Services. The purpose of the DNA Services is to provide genetic and genealogy results and related reports for your informational, recreational, educational and research use. As used in these Terms, “DNA Services” refers to the use of our AncestryDNA test kit, processing and handling of your DNA sample, genetic testing of your DNA sample, and our web or mobile app-based tools that provide you with ethnicity and other genetically-related results and associated services. 1.4.1 Eligibility to Use DNA Services. You must be at least 18 years old to purchase or activate a DNA test kit. To help us ensure the integrity and quality of our database and protect your privacy, each adult who submits a saliva sample for a DNA test must create their own account and activate their own test. DNA test activators must also explicitly consent to the processing of sensitive personal information. A parent or legal guardian may activate a DNA test, provide us Personal Information, and send us the saliva sample of their own minor child for processing using their account. By activating a DNA test for, or submitting any Personal Information about, a minor you represent that you are the minor’s parent or legal guardian. You also agree that you have discussed the DNA test with the minor and the minor has agreed to the collection and processing of their saliva. 1.4.2 Your Use of DNA Services. In addition to the requirements in Section 1.3 above, you also agree: * Not to resell DNA test kits; * Any saliva sample you provide is either your own or the saliva of a person for whom you are a parent or legal guardian; * Not to send us a sample in violation of any export ban or other law; * By providing a saliva sample to us, you acquire no rights in any research or commercial products developed by us or our collaborators/partners and will receive no compensation related to any such research or product development; and * Not to use the information obtained from the DNA Services (including any downloaded DNA Data (defined in the Privacy Statement)) in whole, in part, and/or in combination with any other database, for any medical, diagnostic, or paternity testing purpose, in any judicial proceeding, or for any discriminatory purpose or illegal activity. 1.4.3 Ancestry’s Provision of DNA Services. You agree that in order to facilitate your use of DNA Services, we may directly or through other companies who help us provide DNA Services: * Provide your saliva sample and DNA to other companies that help us provide the Services, such as our laboratory partners; * Extract your DNA from your saliva; * Perform genetic tests in the United States (or, in the future, in other countries) on the resulting DNA using test methods available now or developed; * Compare your DNA results with other DNA Data in the Ancestry database to provide the 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 results; * Store your saliva and any extracted DNA in the United States or destroy any remaining saliva or DNA sample after your sample has been processed; once submitted to us, your saliva and DNA sample cannot be returned to you (note, however, that you may request that we destroy your sample, and, in certain cases we may destroy biological samples to maintain biobank quality levels); * Allow certain of our laboratory partners to use a portion of activated or inactivated saliva samples to calibrate or validate instruments, equipment, or laboratory methods used in providing DNA Services; and * Use your Genetic Information and other Personal Information as described in these Terms and the Privacy Statement. 1.4.4 Downloading your DNA Data. We protect your information as described in our Privacy Statement. If you choose to download a copy of your DNA Data, that copy is not protected by our security measures and you are solely responsible for storing, securing, and protecting that downloaded data. Ancestry has no responsibility if you elect to share or transfer your downloaded DNA Data with others, either intentionally or inadvertently. Your DNA Data is intended only for your personal use. 1.4.5 Note to Users who have received a bone marrow or stem cell transplant. If you have received a bone marrow or stem cell transplant, your AncestryDNA test may provide unexpected results because your saliva may contain cells with your DNA as well as cells with your donor’s DNA. DNA for the test is extracted from the cells, and the combination of DNA sources can result in a failed test or a test that provides results based on your donor’s DNA. Therefore, we recommend that those who have received a bone marrow or stem cell transplant do not take the AncestryDNA test. If you have already taken the test, please contact us for further assistance. 2. ANCESTRY CONTENT The Services contain photos, videos, documents, records, indexes of content, and other content provided to you by Ancestry (“Ancestry Content”) that may vary depending on your subscription. Except for WebSearch records, which are governed by the terms of the third-parties that host the records, all Ancestry Content may be used only in accordance with these Terms, including Ancestry Content that may also be in the public domain (“Public Domain Content”). 2.1 Intellectual Property Rights to Ancestry Content. All elements of the Services that are created by us or under our direction, or where the copyright has been assigned or licensed to us, are subject to country-specific copyright protections around the world and international conventions. For additional information about our Copyright Policy, click here. The Services also include trademarks that are owned by us and protected under country- and region-specific trademark laws and treaties. All uses of our trademarks and any goodwill resulting therefrom will inure to our benefit. The Services and products associated with our Services are also protected by patents in the U.S. and other countries around the world. For more information about Ancestry patents, click here. We and our licensors retain ownership and all rights in the exploitation of the Services and its component parts. 2.2 Your Use of Ancestry Content. When accessing Ancestry Content, you agree: * To use Ancestry Content only in connection with your personal use of the Services or professional family history research; * To download Ancestry Content only in connection with your family history research or where expressly permitted by Ancestry; * Not to remove any copyright or other proprietary notices on any Ancestry Content; * Not to use significant portions of Ancestry Content outside the Services, or in a manner inconsistent with your subscription; and * To contact us to obtain written permission to use more than a small number of photos and documents that are Public Domain Content 3. YOUR CONTENT Certain Services may allow you to contribute content, including but not limited to family trees, photos, audio/video recordings, stories, record annotations, comments, messages, and feedback provided to Ancestry about the Services (“Your Content”). Your Content that contains Personal Information will be treated in accordance with our Privacy Statement. 3.1 You Control Your Content. Ancestry does not claim any ownership rights to Your Content, control how you choose to share Your Content within the Services, or limit how you share Your Content outside of Ancestry’s Services. You can delete Your Content either by following instructions provided within the Services or by logging into your Account Settings and deleting your Account. However, if you submit feedback, record annotations, or suggestions about Ancestry or our Services, you acknowledge that it is deemed to be non-confidential and non-proprietary and we may use your feedback, record annotations, or suggestions for any purpose without any obligation or compensation to you. 3.2 Use of Your Content. By submitting Your Content, you grant Ancestry a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, provide access to, create derivative works of, and otherwise use Your Content to provide, promote, or improve the Services, consistent with your privacy and sharing settings. You can terminate Ancestry’s license by deleting Your Content, except to the extent you shared Your Content with others and they have used Your Content. You also agree that Ancestry owns any indexes that include Your Content and may use them after Your Content is deleted. 3.3 Your Responsibilities for Your Content. You are responsible for the decision to create, upload, post, or share Your Content. By contributing or accessing Your Content you agree: * You have all the necessary legal rights to upload, post, or share Your Content; * Your Content will not include a living person without their consent. In the case of living minors, you will get consent from their parent or guardian; * All Your Content will comply with the Community Rules; * If you share Your Content publicly, other users may access and use Your Content as part of, or in conjunction with, the Services. We are not required to remove any of Your Content once it has been publicly shared. * You will use other Users’ content only within Ancestry Services and in compliance with these Terms and the other policies incorporated by reference; * Ancestry reserves the right to monitor Your Content for violations of these Terms, including the Community Rules, and to remove or disable access to Your Content at our sole discretion; and * Serious or repeat violations or offenses will subject the responsible User to account termination at Ancestry’s sole discretion. 3.4 Reporting Violations of these Terms. We respect the intellectual property rights of others. If you have concerns that any content violates the Community Rules, infringes your rights, contains illegal material, or violates these Terms, please contact us. For complaints regarding copyright infringement or to submit a copyright infringement notice and takedown request, including those made pursuant to the U.S. Digital Millennium Copyright Act, click here. 4. RENEWALS AND CANCELLATIONS FOR ANCESTRY SERVICES Your purchase(s) of and subscription(s) to any of the Services are subject to the Renewal and Cancellation Terms. 5. TERMINATION OR SUSPENSION OF YOUR ACCOUNT We reserve the right to limit, suspend, or terminate your access to the Services if you breach or act inconsistently with these Terms, including the Community Rules. In such a case you will not be entitled to a refund of subscription fees or the purchase price of a DNA test kit. 6. NO GUARANTEES OR WARRANTIES Except as expressly set out in these Terms, we provide the Services and the Ancestry Content to you on an “AS-IS” basis, meaning without any guarantee or warranty. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises about (a) the Ancestry Content, (b) Your Content, (c) the specific functionality of the Services, (d) the quality, accuracy, reliability, or availability of the Ancestry Content or Services, or (e) that the Services will be free from viruses or other harmful components. We are constantly changing and improving our Services. As such, Ancestry may add or remove functionality or features from the Services or may even suspend or stop a Service altogether. 7. ANCESTRY’S LIMITED LIABILITY By using the Services, you agree that Ancestry’s liability is limited to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. If you live in a jurisdiction that does not allow us to broadly limit our liability, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid to us during the 12-month period preceding the event giving rise to the liability. This limitation of liability applies fully to residents of New Jersey. 8. YOUR INDEMNITY You agree that you will indemnify and hold Ancestry, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the “Ancestry Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents or policies incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to Your Content, including a claim that Your Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release the Ancestry Parties from all claims, demands, actions, or suits in connection with Your Content, including any liability related to our use or non-use of Your Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss. 9. SERVICES OFFERED BY OTHER COMPANIES Our Services may contain links to websites operated by third-parties but that does not constitute sponsorship, endorsement, approval, or responsibility. Ancestry does not offer any warrants or make any guarantees about third-party sites, their content, products, or services. Please read the terms and conditions and privacy documentation for all third-party sites carefully, as they may differ substantially from Ancestry. 10. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTIONWAIVER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. We work hard to keep our customers satisfied. If a dispute arises between you and Ancestry, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us. 10.1 For Customers In the United States. You and Ancestry agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. As used in this agreement, the term “dispute” is intended to be as broad as legally permissible and includes, but is not limited to, all disputes between you and any other person on whose behalf you have interacted with Ancestry, on the one hand, and Ancestry, including any of its parents, subsidiaries, predecessors, successors, assigns, or affiliates, on the other, that arise out of or relate in any way to the Terms, this arbitration agreement, or your interactions or relationship with Ancestry. Further, if you have or will use Ancestry’s Services or otherwise interact with Ancestry on behalf of a minor or other individual for whom you are the parent or legal guardian, you agree, on the minor’s or other person’s behalf, that any dispute arising out of or relating to such use of Ancestry’s Services or other interaction with Ancestry shall be subject to arbitration, as set forth herein, and subject to the other agreements set forth herein (including, but not limited to, the Class Action Waiver); you further represent that you have the authority to enter such agreement on the minor’s or other person’s behalf. Any dispute between us will be resolved through final and binding arbitration in accordance with the terms of this agreement, with the following three exceptions: * Each party to this agreement shall have the option to resolve any dispute, if it qualifies, in the small claims court with jurisdiction over your place of residence. If any dispute involves claims for both (1) monetary damages or relief and (2) equitable or injunctive relief, to the extent the small claims court with jurisdiction will not resolve claims for equitable or injunctive relief, each party shall have the option to resolve the claims for monetary relief or damages in small claims court, and any claim for equitable or injunctive relief shall be resolved in arbitration pursuant to this agreement. If the claims in any request or demand for arbitration could have been brought in small claims court, then any party may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party (or parties) of that choice in writing. If this provision or the limitation on bringing actions to small claims court is found to be invalid, then this provision shall be severable and the matter will proceed in arbitration; in no way will this provision allow for an action to be brought on a class, representative, or consolidated basis. * Each party may bring a suit in court in the state of Utah only for a claim of patent or copyright infringement. In this case, the Parties both waive any right to a jury trial. * 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. If you have a subscription and you terminate for our breach 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. 10.1.1 Arbitration Rules. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). 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. 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. 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. Notice to Ancestry should be sent to Ancestry at Ancestry Legal Department, 1300 W. Traverse Parkway, Lehi, UT 84043. Notice to you will be provided using the contact information you have on file with Ancestry or, if such information is not available or is not up to date, through personal service. The notice provided by either party must include enough information to allow the receiving party to identify your account (including the name and email address used for the account) as well as to assess and attempt to resolve the claim, including a description of the claim, the specific supporting facts for the claim, the damages sought, and the relief sought. This notice requirement is designed to allow either party to make a fair, fact-based offer of settlement if the party chooses to do so. Neither party may initiate an arbitration unless the party first provides this information. To the extent there is a dispute with respect to the sufficiency of this notice, this issue must be decided by a court of competent jurisdiction prior to the filing of any demand for arbitration. If a party provides this information and the dispute is not resolved within 60 days, either party may then proceed to file a demand for arbitration. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Ancestry at Ancestry Legal Department, 1300 W Traverse Parkway, Lehi, UT 84043 . Arbitration may take place in the county where you reside at the time of filing. You and Ancestry further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall select the arbitrator by mutual agreement. If the parties are unable to mutually select an arbitrator, the arbitrator shall be selected as follows: JAMS will give each party a list of nine (9) arbitrators drawn from its panel of arbitrators. Each party will have ten (10) calendar days to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual will be designated as the arbitrator. If more than one common name remains on the lists of all parties, the parties will strike names alternately from the list of common names by telephone conference administered by JAMS, with the claimant to strike first until only one remains. If no common name remains on the lists of all parties, JAMS will furnish an additional list of nine (9) arbitrators from which the parties will strike alternately by telephone conference administered by JAMS, with the claimant to strike first, until only one name remains. That person will be designated as the arbitrator. If the individual selected cannot serve, JAMS will issue another list of nine (9) arbitrators and repeat the alternate striking selection process. 10.1.2 Fees. You will be required to pay $250—or the amount otherwise required under the then-applicable JAMS rules—to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Ancestry will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. 10.1.3 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, consolidated, or representative action. 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 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. 10.1.4 Multiple Claims. If 25 or more individuals initiate notices of dispute with Ancestry raising similar claims, and counsel for the individuals bringing the claims is the same or coordinated for these individuals, to the extent the claims proceed in arbitration, they shall proceed in a coordinated proceeding. Counsel for Ancestry and counsel for the other parties shall each select five cases to proceed first in arbitration in a bellwether proceeding. The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the bellwether proceeding, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process shall continue until the parties are able to resolve all of the claims, either through settlement or arbitration. A court of competent jurisdiction shall have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Ancestry. An arbitration award and judgment confirming it apply only to that specific case. It cannot be used in any other case except to enforce the award itself. 10.1.5 Severability. Other than as set forth in the Class Action Waiver, if any provision of this arbitration agreement is adjudged to be invalid, unenforceable, unconscionable, void or voidable, in whole or in part, such adjudication will not affect the validity of the rest of the arbitration agreement. All remaining provisions will remain in effect. 10.1.6 Changes to This Section. Ancestry will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute, Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services. 10.1.7 Survival. This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services. 10.2 For Customers Outside the United States. If you are a non-consumer customer based in the EU or reside anywhere else outside the United States, you agree that the Irish Courts will have exclusive jurisdiction over all disputes (contractual or non-contractual) related to this Agreement. 10.2.1 European Union Consumers. If you are a European Union 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. You are entitled to bring any judicial proceedings relating to this Agreement before the competent court of your place of residence or the competent court of Ancestry's place of business in Ireland. If 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. Information pursuant to Regulation 524/2013: The European Commission provides if you are a European Union consumer you have the right to refer a dispute to the EU’s platform for Online Dispute Resolution (ODR), available at http://ec.europa.eu/consumers/odr/. 10.3 Controlling Law. If you access the Services in the United States, the laws of the State of Utah and as applicable, those of the United States of America, govern these Terms and the use of the Services. You agree that all claims not subject to arbitration and brought in the United States will be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in the State of Utah. Subject to 10.2.1, if you access the Services anywhere outside the United States, the laws of Ireland govern these Terms. 11. MISCELLANEOUS 11.1 Ancestry Companies. You are entering into these Terms with a specific Ancestry entity depending on what Service you are using and where you are. Please see the list of Ancestry entities by Service and geography here. All references to “Ancestry”, “us”, “we”, or “our” in these terms refer to the relevant Ancestry entity on that list. We reserve the right to change the Ancestry entity party to these Terms at any time. 11.2 Modifications. We may modify these Terms at any time and agree to notify you of any material changes by posting information through the Services or sending you an email. Material changes become effective thirty days after they are posted, except for changes addressing new Services or legal requirements, which will be effective immediately. Your continued use of the Services means you accept the modified Terms. If you do not agree to the changes, you should stop using the Services and, if applicable, cancel your subscription. 11.3 Entire Agreement. These Terms and other documents incorporated by reference are the entire agreement between you and Ancestry regarding your use of the Services and supersede any prior agreements. 11.4 Transfer of Rights and Obligations. We reserve the right to assign or transfer our rights and obligations under this Agreement. If Ancestry or any Service provider is acquired or transferred to another entity (in whole or part, and including in connection with bankruptcy or similar proceedings), you agree that Ancestry may share your Personal Information and Your Content with that entity. These Terms will continue to apply to the Services until you receive notification otherwise. You may not assign or transfer any of your rights and obligations under these Terms without Ancestry’s written consent. There are no third-party beneficiaries to these Terms. 11.5 Severability. Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms. 11.6 No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision, and we reserve all rights not expressly provided to you herein. 11.7 Minors Thirteen and Under. Ancestry does not knowingly seek or collect any Personal Information directly from anyone under the age of 13 and will take commercially reasonable efforts to delete such data from our system. 11.8 Fair Credit Reporting Act. Ancestry is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT). 11.9 Unsolicited Idea Submission Policy. Ancestry does not accept, review, or consider unsolicited ideas or materials (including, without limitation, new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names) other than those Ancestry has specifically requested. Please do not send your unsolicited ideas or materials to Ancestry or anyone at Ancestry. If you do send them, you understand and agree that Ancestry will consider the unsolicited ideas and materials you submit non-confidential and non-proprietary, and Ancestry will be entitled to unrestricted use of these ideas and materials, without obligations, contractual or otherwise, and without any compensation to you. These Terms and Conditions were consolidated from separate prior versions. 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