Welcome to AncestryDNA. We offer DNA testing and genetic analysis to help users discover, preserve, and share their family history. Below are our detailed terms and conditions which you must read and accept before using our website located at AncestryDNA.com or via the section of Ancestry’s website located at http://dna.ancestry.com (the "AncestryDNA Website" or "Website") or the various DNA testing and genealogical services provided through the Website.
These Terms and Conditions apply to users visiting or registering on or after October 1, 2014. For existing Users (as defined below), these Terms and Conditions will become effective on November 1, 2014. For the previous version of the Terms and Conditions, please click here.
Before using this website, ordering a DNA testing kit or having access to the results of the DNA testing, you must review and accept these terms and conditions (the "Terms and Conditions" or "Agreement"). You are legally bound by this Agreement, which is between you and Ancestry.com DNA, LLC. The Agreement defines your rights and responsibilities as a user of the Website and DNA testing service ("User") operated by Ancestry.com DNA, LLC ("AncestryDNA," "we," or "us"). The AncestryDNA Website is operated and the Service is provided in the United States of America. DNA testing and access to the AncestryDNA Website are governed by this Agreement, which, in turn, is governed by the laws of the State of Utah and the United States. Registering as a User and having DNA tested as a part of this Service results in your personal and genetic information being stored and processed in the United States, and you specifically consent to AncestryDNA's storage and processing of the DNA and other personal data you submit.
The AncestryDNA Website is part of the Ancestry family of websites, which includes, among others, ancestry.com, rootsweb.com, and familytreemaker.com, as well as international websites such as ancestry.co.uk, ancestry.de, ancestry.ca, and others. AncestryDNA offers both a DNA test an online service where Users can view the results of their DNA test and connect with other Users (together the "Service"). The AncestryDNA Service can be used in conjunction with the Ancestry family of websites to enable Users to discover, research, and save family history, such as by searching the extensive databases of records on the Ancestry website (operated by Ancestry.com Operations Inc., hereafter "Ancestry" and collectively, with its affiliates, subsidiaries, and group companies, the "Ancestry Group Companies") or and by utilizing Ancestry's family tree services. AncestryDNA Users and users of the Ancestry family of websites (the "Ancestry Community") may also communicate with each other in order to collaborate and exchange family history related information. Each of the websites comprising the Ancestry Community is subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them before using those websites.
Please note that to order a DNA Test and use the AncestryDNA Service, you will need to create and log into an Ancestry account. Your use of the Ancestry website is subject to the Ancestry Terms and Conditions and Ancestry Privacy Statement.
The AncestryDNA Website and Service provided herein are intended for adults. If any minor gains access to the AncestryDNA Website, the parent or guardian of that minor will be held responsible for the minor's actions. If you submit a DNA sample of a minor, you must represent that you are the minor's parent, legal guardian and/or have explicit permission from the minor's parent or legal guardian.
These Terms and Conditions, together with the AncestryDNA Privacy Statement and any other legal notices or terms published by AncestryDNA on the Website, shall constitute the entire agreement between you and AncestryDNA concerning the Website and the Service. If you don’t agree with any of these terms, you must not use the AncestryDNA Website or the Service.
The AncestryDNA Website contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users as well as the ability to download your raw DNA data (the "Content"). All Content is owned, licensed to and/or copyrighted by AncestryDNA and may be used only in accordance with this limited use license. The AncestryDNA Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Website are owned by or licensed to AncestryDNA. AncestryDNA and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the AncestryDNA Website. The licenses granted by AncestryDNA terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.
You may use the Service, access the Ancestry Website, and use the Content only for personal or professional family history research. All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Website. We attempt to ensure that all Content on the Website is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Website is complete, accurate, reliable or error-free.
You may use any software provided on the AncestryDNA Website only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. AncestryDNA and its licensors retain title, ownership and all other rights and interests in and to all information and Content on or available from the AncestryDNA Website. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or Service or the Content therein.
The Website may contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms and Conditions, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit AncestryDNA as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of the Website, you agree to obtain prior written permission from us.
By using the Website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will provide valid and complete contact information, and that you will always have a valid email address on file with AncestryDNA. In addition, the following rules are part of this Agreement and must be followed anytime you access the AncestryDNA Website:
AncestryDNA Service includes both a DNA test and an online service where Users can view the results of their DNA test and connect with other Users. All DNA testing performed by AncestryDNA on samples submitted for testing or by uploading a digital version of a DNA analysis is done for genetic and genealogical research, including population health and ethnicity-related analyses, and not for individual medical or diagnostic purposes. AncestryDNA will analyze Users’ genetic, genealogical, and health information, to provide results, including an ethnicity estimate, to each User (the "Results") and will use aggregated Users’ Results to make discoveries in the study of genealogy, anthropology, genetics, evolution, languages, cultures, medicine, and other topics. In addition, AncestryDNA can use the Results of Users’ DNA tests to identify potential relatives. Users can utilize their Results and these matches in conjunction with an Ancestry account in order to grow their family trees and expand their family history research capabilities.
By sending in a DNA sample for testing, you represent that you are eighteen (18) years of age or older. In addition, you represent that any sample you submit is either your DNA or the DNA of a person for whom you are a legal guardian or have obtained legal authorization to provide their DNA to AncestryDNA. By submitting DNA samples to AncestryDNA, you give permission to AncestryDNA to extract the DNA from the samples, perform genetic tests on the DNA using test methods available now and developed in the future, to disclose the results of the tests performed to you and others that you authorize, to store the samples for additional genetic testing and archiving purposes, and to store the results of the DNA tests in accordance with this Agreement and with the AncestryDNA Privacy Statement. AncestryDNA does not claim any ownership rights in the DNA that is submitted for testing. Any genetic information derived from the DNA continues to belong to the person who submitted the DNA sample, subject only to the rights granted to AncestryDNA in this Agreement. Any DNA sample submitted to us cannot be returned and shall be stored by AncestryDNA or its agents. In addition, you understand that by providing any DNA to us, you acquire no rights in any research or commercial products that may be developed by AncestryDNA that may relate to or otherwise embody your DNA.
By submitting DNA to AncestryDNA, you grant AncestryDNA and the Ancestry Group Companies a perpetual, royalty-free, world-wide, transferable license to use your DNA, and any DNA you submit for any person from whom you obtained legal authorization as described in this Agreement, and to use, host, sublicense and distribute the resulting analysis to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release AncestryDNA from any and all claims, liens, demands, actions or suits in connection with the DNA sample, the test or results thereof, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Website or the Service.
If you are a User residing outside the United States and providing a DNA sample, you confirm that this submission is not subject to any export ban or restriction in the country in which you reside. You also agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in this Agreement and you explicitly waive any laws or regulations relating to DNA testing and storage from the state or jurisdiction in which you reside. You agree that the sample will be tested and stored in the United States as provided in this Agreement. You further agree that your Results may only be accessible through the AncestryDNA Website and that you may not be able to use the Results in a website targeted to your country of residence or hosted outside the United States.
Portions of the AncestryDNA Website allow you and other Users to contribute material to be displayed on the AncestryDNA Website ("User Provided Content"). For User Provided Content, AncestryDNA is merely hosting and providing access. We cannot, and expressly do not, accept any liability with regard to such User Provided Content (including with respect to its accuracy). While we cannot preview or monitor User Provided Content, we may apply, at our discretion, automated filtering tools to monitor and/or delete any content that AncestryDNA believes to be in violation of this Agreement. We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement, illegal or inappropriate content, click here.
The decision to upload information to the AncestryDNA Website is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting material to the AncestryDNA Website, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). Upon the request of AncestryDNA you agree to furnish AncestryDNA with any documentation, substantiation and releases we deem necessary or appropriate to verify and substantiate your compliance with this provision.
By submitting User Provided Content to AncestryDNA, you grant AncestryDNA and the Ancestry Group Companies a perpetual, royalty-free, world-wide, transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release AncestryDNA from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Website or the Service. Except for the rights granted in this Agreement, AncestryDNA acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us.
Users of the AncestryDNA Website may be unregistered visitors or paying members. The different payment options and services offered will be published on the AncestryDNA Website or at the time a DNA Test or other service is offered. Any terms and conditions applying to such items or services will be incorporated into this Agreement.
Terms for DNA Tests and the Service. You must be 18 years or older to order the AncestryDNA DNA Test and use the AncestryDNA Service. You must provide AncestryDNA with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement.
Cancellations and Refunds. Cancellations may be made by calling AncestryDNA at 1-800-958-9124 and providing the same information that you provided when you ordered your AncestryDNA Test. In order to receive a refund for your cancelled AncestryDNA Test, you must retain, and provide to an AncestryDNA customer service representative upon request, the activation code included with your AncestryDNA Test. No refunds will be given if you do not have that activation code. If you cancel within the first 30 days of placing your order, and before you returned a DNA sample to AncestryDNA, you will receive a refund equal to the price paid for the AncestryDNA Test minus $25. If you cancel within the first 30 days of placing your order but after you have returned a DNA sample to AncestryDNA, you will receive a partial refund equal to one half of the price paid for the AncestryDNA Test. If you cancel your AncestryDNA test, you will not be able to access any DNA test Results, and once you have accessed your AncestryDNA Results, you can no longer obtain a refund for your AncestryDNA Test. AncestryDNA does not refund shipping & processing charges or any applicable taxes paid on the non-refundable portion. Your refund will only be provided via the credit card you used to purchase the AncestryDNA Service. Please allow a reasonable time for the credit to reach you.
Replacement Testing Kits. Should you require a replacement DNA testing kit, you may call AncestryDNA at 1-800-958-9124 and provide the same information that you provided when you ordered your AncestryDNA test. Replacement kits are $25 per kit (plus applicable shipping and handling).
Prices Subject to Change. Prices may be changed by AncestryDNA at any time.
We may contact you (via the Website, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website or Service, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your Account page on the relevant Website(s) and changing your preferences. Please see our Privacy Statement for further information on how we manage and process your personal information.
AncestryDNA has the right, at its sole discretion, to modify this Agreement, as well as the Website, Content, and the Service, at any time. Changes to this Agreement will be posted on the AncestryDNA Website and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the AncestryDNA Website, Content, or the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your account by following the instructions in this Agreement. Continued use of the AncestryDNA Website or the Service following posted changes in this Agreement means that you accept and are bound by the changes.
We make no express warranties or representations as to the quality and accuracy of the Content, the Website or the Service, and we disclaim any implied warranties or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Website and the Service on an "as is" basis and do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Service. AncestryDNA does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment, mobile devices, and environment and does not warrant that the Website, the Service, their servers, or any emails which may be sent from AncestryDNA are free of viruses or any other harmful components.
To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
You agree to defend, indemnify and hold harmless AncestryDNA, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website and Service.
Ancestry may, from time to time, provide opportunities to Users of the Website to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. AncestryDNA makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from AncestryDNA.
By using the Service or the Website, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Utah, without regard to its principles on conflicts of laws, will govern these Terms and Conditions, your use of the Website and the Service, and any dispute of any sort that might arise between you and AncestryDNA.
If a dispute arises between you and AncestryDNA, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact AncestryDNA Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and AncestryDNA agree that any dispute or claim relating to your use of the Service or the Website will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and AncestryDNA both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and AncestryDNA each waive any right to a jury trial.
You and AncestryDNA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and AncestryDNA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your AncestryDNA account.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Attn: Legal Department, Ancestry.com DNA, LLC, 360 West, 4800 North, Provo, UT 84604. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available by Ancestry may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of AncestryDNA, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with the Privacy Statement and any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Ancestry.
If you have any questions or comments, or would like to discuss AncestryDNA with our Customer Support staff, you can contact us by either calling 1-800-958-9124 or emailing us at email@example.com.
Official correspondence must be sent via postal mail to:
Ancestry.com DNA, LLC
Attn: Member Services
360 W 4800 N
Provo, UT 84604