my 9th Paternal Gr-Grandparents &
their son Benjamin Eaton Jr. (1627-1711) & wife Sarah Hoskins (1637-1711)
AncestryDNA Terms and Conditions
Revision as of September 30, 2014
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 https://www.ancestry.com/dna
(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 .
1. Overview
2. Your
Use of the AncestryDNA Website
3. DNA
Testing
4. User
Provided Content
5. AncestryDNA
Fees, Payments
6. Communications
Between AncestryDNA and You
7. Modifications
to this Agreement
8. Liability
Disclaimer
9. Disputes
10. Miscellaneous
11. Contact
Us
1. Overview
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.
2. Your Use of the AncestryDNA Website
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:
A. You must not post or publish any information that you know is false,
inaccurate, or misleading, such as impersonating any person or entity,
falsely misrepresenting your affiliation with any person or entity, falsely
claiming an endorsement that you do not have, or misrepresenting that you
are an employee or representative of AncestryDNA or otherwise affiliated
with AncestryDNA.
B. You must not reproduce, copy or sell any portion of AncestryDNA or
AncestryDNA database contents or systematically download the Content and
data of the AncestryDNA database to make or populate another database or for
any other purpose.
C. You must not interfere or attempt to interfere with the AncestryDNA
Website in any manner. For example, you may not use any software program,
virus or routine to block, obscure, overwrite or modify any Content or web
pages or to destroy the software, hardware or telecommunications equipment
of the AncestryDNA Website or another person.
D. You must not use the information the AncestryDNA Website or DNA tests
(including any downloaded raw DNA data) in whole, in part and/or in
combination with any other database, for any discriminatory, breach of
privacy or otherwise illegal activity (for example, to re-identify any
anonymous donor or to make insurance or employment decisions).
E. You must not knowingly or willfully submit defamatory or offensive
Content to the Website.
3. The AncestryDNA Service
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.
4. User Provided Content
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.
5. AncestryDNA Fees and Payments
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.
6. Communications Between AncestryDNA and You
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.
7. Modifications to this Agreement
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.
8. Liability Disclaimer
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.
9. Governing Law; Disputes
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.
10. Miscellaneous
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.
11. Contact Us
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 memberservices@ancestrydna.com .
Official correspondence must be sent via postal mail to:
Ancestry.com DNA, LLC
Attn: Member Services
360 W 4800 N
Provo, UT 84604