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Ancestry.com - AncestryDNA Terms and Conditions (United States)
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ANCESTRY.COM DNA, LLC

US TERMS AND CONDITIONS - REVISION AS OF MARCH 20, 2013

	Welcome to AncestryDNA. We offer DNA testing and genealogical 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 services. 

	These Terms and Conditions apply to users visiting or registering on or after March 20, 2013. For existing Users (as defined below), these Terms and Conditions will become effective on April 20, 2013. For the previous version of the Terms and Conditions, please click here. 

 	 1. Overview
 	 2. Description of Service
 	 3. Limited Use License
 	 4. DNA Testing
 	 5. Rules of Conduct
 	 6. AncestryDNA Fees, Payments
 	 7. User Provided Content
 	 8. Promotions
 	 9. Modifications to this Agreement
 	 10. Liability Disclaimer
 	 11. Disputes
 	 12. Miscellaneous

	Please note that hyperlinks embedded in these terms and conditions (this "Agreement") may only be accessed through our website. If you are reviewing this Agreement through mobile devices, you may need to visit the website to use the hyperlinks. 

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 this Agreement which defines your rights and responsibilities as a user of the website and DNA testing service ("User") operated by Ancestry.com DNA, LLC ("AncestryDNA" or "we") and located at AncestryDNA.com or via the section of Ancestry.com's website located at dna.ancestry.com (the "AncestryDNA Website"). The AncestryDNA Website is operated and services are 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 the DNA and other personal data you submit. The AncestryDNA Website and services 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 strictly responsible for that 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. If you do not agree with any provision of this Agreement, or if you have any objections to the AncestryDNA Privacy Statement, you must not use the AncestryDNA Website or be a User. 

2. Description Of Service

	AncestryDNA 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.fr, ancestry.it, ancestry.se. AncestryDNA offers both a DNA test to help discover your ancestors and an online service where Users view the results of their DNA test (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 by searching extensive databases of records on www.ancestry.com's website (or through certain other websites in the Ancestry family of websites) and by utilizing Ancestry.com's family tree services. AncestryDNA Users and users of the Ancestry family of websites may also communicate with each other in order to collaborate and exchange family history related information (the "Ancestry.com Community"). 

3. Limited Use License

	The AncestryDNA Website contains graphics, information, data, 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. You may use the Service, access the Ancestry Website, use the graphics, information, data, editorial and other Content only for personal or professional family history research. Republication or resale of any of the Content or other protected data is prohibited. 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. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you. 

	Each of the Ancestry family of websites 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. 

4. Dna Testing

	All DNA testing performed by AncestryDNA on samples submitted for testing or by uploading a digital version of a DNA analysis is done for genealogical research only, including population and ethnic group-related analyses, and not for individual medical or diagnostic purposes. Before providing 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 provide 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. Any DNA sample submitted to us cannot be returned and shall be stored by AncestryDNA or its agents. 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. 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 a 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. 

	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 you 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. 

5. Rules Of Conduct

	Before using the AncestryDNA 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 policies 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 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 from 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). 

	These Rules of Conduct are not exclusive. If we believe, in our sole discretion, that you are in breach of this Agreement, are acting inconsistently with the letter or spirit of this Agreement or otherwise interfering with the efficient management or delivery of the AncestryDNA Website, Service or Content, we may limit, suspend or terminate your access to our AncestryDNA Website. In such a case, no portion of your subscription payment will be refunded. Should we decide to suspend or terminate your access for any reason other than your actions or omissions which we believe to be inconsistent with this Agreement we will refund to you any unused portion of your payment, which will be your sole and exclusive remedy upon such a suspension. 

6. 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. The terms and conditions applying to such items or services will be incorporated into this Agreement. 

	You must be 18 years or older to order 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 Service. 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 Service 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 Service. AncestryDNA does not refund shipping & processing charges or any applicable taxes paid on the non-refundable portion. Your credit will 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 providing 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. 

7. 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 a 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. 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. 

8. Promotions

	Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available by AncestryDNA 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 to those specifically conflicting sections only. 

9. Modifications To This Agreement

	AncestryDNA has the right, at its sole discretion, to modify this Agreement at any time. Changes will be posted on the AncestryDNA Website and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the AncestryDNA Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the AncestryDNA Website following posted changes in this Agreement means that you accept and are bound by the changes. 

10. Liability Disclaimer

	No Warranty. We make no express warranties or representations as to the quality and accuracy of the Content, AncestryDNA Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. We offer the DNA testing and AncestryDNA Website on an "as is basis" and do not accept responsibility for any use of or reliance on the AncestryDNA Website, Content or Service, or for any disruptions to or delay in the AncestryDNA Website, Content or 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 AncestryDNA Website, Content or Service. AncestryDNA does not guarantee the adequacy of the Service or AncestryDNA Website or compatibility thereof to your computer equipment and environment and does not warrant that this AncestryDNA Website, the Content, the Service, its servers, or any emails which may be sent from AncestryDNA are free of viruses or any other harmful components. AncestryDNA does not control or endorse any actions resulting from your use of the AncestryDNA Website, Content or Service and specifically disclaims any liability regarding any actions that may result from your use of the Service or AncestryDNA Website. 

	Limitation of Liability; Exclusive Remedy.We limit our liability to the maximum amount permissible under applicable law. 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, special, punitive 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. If you are dissatisfied with any portion of the AncestryDNA Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the AncestryDNA Website. 

	Third Party Services. AncestryDNA may, from time to time, provide opportunities to users of the AncestryDNA Website to purchase services from third parties. The 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. 

11. Disputes

	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 at 1-800-958-9124 to describe the problem and seek a resolution. If that does not resolve the issue, then you and AncestryDNA agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the laws of the State of Utah, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules set forth below before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Utah County, Utah for the purpose of litigating all such claims or disputes. 

	Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (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. 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 OR REPRESENTATIVE PROCEEDING. 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 arbitration provision shall survive termination of this Agreement. 

12. Miscellaneous

	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. 

	You acknowledge and agree that AncestryDNA may disclose your information to third parties subject to this Agreement, the AncestryDNA Privacy Statement and if AncestryDNA believes that it is required to do so by law or a court order or when you give permission to make such a disclosure. 

	In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. 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. 

	You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your contribution of User Provided Content or your use of the Services or AncestryDNA Website. 

	Official correspondence must be sent via postal mail to: 

	Ancestry.com DNA, LLC
 Attn: Member Services
 360 W 4800 N
 Provo, UT 84604 

	This Agreement, including any terms, conditions and policies expressly referenced herein, 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 AncestryDNA.

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