Ancestry Terms and Conditions

Ancestry.com Operations Inc. ("we" or "Ancestry") may, from time to time, offer current and former users of the Ancestry.com family history subscription service ("Service") the opportunity to refer friends to sign-up for an Ancestry.com subscription and offer rewards in connection with acceptance of the referrals subject to these terms and conditions (the "Ancestry.com Referral Program" or "Program"). Users of the Program who refer friends are called "Referrers". Individuals who receive a referral are called "Referred Customers." By participating in the Program, either as a Referrer or as a Referred Customer, you agree to use the Program in the manner specified in these Terms and Conditions (these "Terms") and are bound by these Terms. If you do not agree to these Terms in their entirety you are not authorized to participate in the Program in any manner. You may not participate in the Program where doing so would be prohibited by applicable law.

We reserve the right at any time and at our sole discretion to (A) terminate the Program; (B) modify or amend these Terms including the methods through which rewards are earned; and (C) disqualify you from participation in the Program.

PRIVACY.

In order to make referrals, you must submit personal information about yourself and any person you refer, such as name and e-mail address, as well as any information you choose to include in your message to such person, so that an email referral can be sent on your behalf. The personal information will be collected, processed and used in accordance with the Ancestry Privacy Statement, which can be found at https://www.ancestry.com/cs/legal/privacystatement. In addition, personal information may be used by Ancestry to contact you with regard to the Program and you agree to receive email from Ancestry. You may unsubscribe from receiving emails for the Refer-a-Friend program at any time, using the unsubscribe link at the bottom of any email received.

HOW THE PROGRAM WORKS.

To participate, click on the "Refer" button from either (i) the Ancestry website at https://refer.ancestry.com/family-history (you must be logged in to your account) or other Ancestry website pages where a referral program banner is presented or (ii) a Refer-a-Friend email you receive from Ancestry, and follow the on-screen instructions to refer friends, family or colleagues to the Service by entering their names and email addresses in the "Refer A Friend" box. When you refer a friend, you will be provided with a unique referral link ("Personal Link") that allows you to receive rewards for Qualified Referrals (see below) if you are fully compliant with these Terms. Referrer receives one (1) reward valued at ten US dollars (US $10) in the form of a $10 Amazon Gift Card (or e-certificate) for each verified Qualified Referral generated by Referrer. Referrers may refer a maximum of fifty (50) Referred Customers and may not earn more than five hundred dollars (US $500) of rewards in this Program per year. You will receive an email with your reward approximately 30-45 days after the Referred Customer completes their purchase of an Ancestry.com subscription. Once you become a Referrer, you may receive emails showing the status of your referrals.

A "Qualified Referral" means that all these conditions are met:

Both the Referrer and the Referred Customer are (A) at least 18 years old; (B) separate individuals who are legal residents of the United States of America; and (C) NOT an employee of Ancestry or Extole, Inc. (the administrator of the Program; hereafter the "Program Provider"), or any of their subsidiaries, affiliates or promotional agencies. Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer, including subsequent renewals of memberships purchased by a Referred Customer, will not be Qualified Referrals for the Referrer or any other Referrer.
The Referrer disclosed to the Referred Customer that Referrer is eligible for a reward if they purchase an Ancestry.com subscription using the Referrer's Personal Link. If the Referrer does not clearly state this, it is a violation of these Terms and may result in the Referrer's immediate disqualification from the Program and forfeiture of any reward owed to the Referrer as a result of Referrer's participation in the Program.
At the time the referral was sent, the Referred Customer does not have a current subscription on Ancestry.com.
The Referred Customer completed the purchase of one Ancestry.com subscription using the Referrer’s Personal Link within 12 months of receiving Referrer’s Personal Link. If a Referred Customer purchases an Ancestry.com subscription using any other link or method, or purchase an Ancestry.com subscription more than 12 months after receiving Referrer’s Personal Link, the purchase will not qualify as a Qualified Referral and the Referrer will not earn a Reward.
The Referred Customer did not cancel the Ancestry.com subscription and obtain a refund for the subscription; and
The referral and purchase are made in compliance with these Terms and applicable law.

All referrals and rewards are subject to verification in Ancestry's sole discretion. Ancestry's decisions with regard to the Program are final and binding, including decisions as to whether a Qualified Referral is verified. Ancestry may delay a reward for verification. Ancestry may also refuse to verify and process any transaction we deem, in our sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believe will impose potential liability on Ancestry, its affiliates or any of their respective officers, directors, employees, representatives and agents. For example, you may not create multiple or fake accounts with Ancestry or participate in the Program using multiple or fake email addresses or identities.

LIABILITY.

By participating in the Program, you agree to: (A) defend, indemnify, release and hold harmless Ancestry, the Program Provider and their respective affiliates, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents associated with the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and (B) be bound by these Terms, the decisions of Ancestry and their designees (including the Service Provider), and Ancestry Privacy Statement.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE FULLEST EXTENT POSSIBLE BY LAW, ANCESTRY'S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100; AND (B) ANCESTRY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANCESTRY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF, OR THE INABILITY TO USE, THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusions of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ANCESTRY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ANCESTRY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Ancestry shall not be liable for:

Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program;
Claims, demands, and damages in disputes among users of the Program; and
Failure to provide the Program or supply any reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war.

CONDUCT.

Ancestry has no obligation to monitor the content provided by Users; however, Ancestry may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

Referrers agree not to use the Program to:

Violate applicable law;
Infringe the intellectual property rights of Ancestry, the Program Provider or any third parties;
Stalk, harass, or harm another individual;
Send messages containing obscene, profane, or otherwise inappropriate language;
Impersonate any person or otherwise misrepresent your identity;
Interfere with, disrupt or violate the Terms or servers or networks connected to the Program, or disobey any requirements, procedures, policies, or regulations of such networks;
Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; or
Initiate any bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Ancestry's sole discretion.
1. PUBLICITY.
Participation in the Program constitutes permission to Ancestry to use your first and last name, profile information, statements (including from the referral emails you sent under the Program), biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
1. CONTENT OWNERSHIP AND USE.
The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between you and Ancestry, all Content is the property of Ancestry or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of Ancestry and is protected by copyright, trademark, and other laws. Ancestry authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use, for the sole purpose of referring friends and family to the Company, in accordance with these Terms. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications, regulations, and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it. The registered or unregistered logos, product and service names are or may be trademarks of Ancestry or its licensors (the "Marks"). Without Ancestry's prior written permission, and except as solely enabled by any link as provided by Ancestry or in accordance with the limited license set forth above, you agree not to display or use in any manner the Marks.
1. APPLICABLE LAW; ARBITRATION; CLASS WAIVER; AND WAIVER OF JURY TRIAL.
Any and all disputes, claims and causes of action arising out of or related to the Program shall be resolved under Utah law (without reference to its conflicts of laws principles), and all participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Utah. Participants and Ancestry agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the JAMS (www.jamsads.com). Any such arbitration, to the extent necessary, shall be conducted within Utah County, Utah. Participants covenant not to sue Ancestry in any other forum.

By participating in the Program, you acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
1. GENERAL TERMS
These Terms constitute the entire agreement between you and Ancestry concerning your use of the Program. The failure of Ancestry to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

If you have any questions about the program, please visit our support page or contact us.

* Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions applicable to GCs, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®,™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.

1. PRIVACY.

2. HOW THE PROGRAM WORKS.

To participate, click on the "Refer" button from either (i) the Ancestry website at https://refer.ancestry.com/family-history (you must be logged in to your account) or (ii) a Refer-a-Friend email you receive from Ancestry, and follow the on-screen instructions to refer friends, family or colleagues to the Service by entering their names and email addresses in the "Refer A Friend" box. When you refer a friend, you will be provided with a unique referral link ("Personal Link") that allows you to receive rewards for Qualified Referrals (see below) if you are fully compliant with these Terms. Referrer receives one (1) reward valued at ten US dollars (US $10) in the form of a $10 Amazon Gift Card (or e-certificate) for each verified Qualified Referral generated by Referrer. Referrers may refer a maximum of fifty (50) Referred Customers during the Program and may not earn more than five hundred dollars (US $500) in this Program per year. You will receive an email with your reward approximately 30-45 days after the Referred Customer completes their purchase of an Ancestry.com subscription. Once you become a Referrer, you may receive emails showing the status of your referrals.

A "Qualified Referral" means that all these conditions are met:

Both the Referrer and the Referred Customer are (A) at least 18 years old; (B) separate individuals who are legal residents of the United States of America; and (C) NOT an employee of Ancestry or Extole, Inc. (the administrator of the Program; hereafter the "Program Provider"), or any of their subsidiaries, affiliates or promotional agencies. Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer, including subsequent renewals of memberships purchased by a Referred Customer, will not be Qualified Referrals for the Referrer or any other Referrer.
The Referrer disclosed to the Referred Customer that Referrer is eligible for a reward if they purchase an Ancestry.com subscription using the Referrer's Personal Link. If the Referrer does not clearly state this, it is a violation of these Terms and may result in the Referrer's immediate disqualification from the Program and forfeiture of any reward owed to the Referrer as a result of Referrer's participation in the Program.
At the time the referral was sent, the Referred Customer does not have a current subscription on Ancestry.com associated with the email address to which the referral was sent.
The Referred Customer completed the purchase of one Ancestry.com subscription using the Referrer’s Personal Link. If a Referred Customer purchases an Ancestry.com subscription using any other link or method, the purchase will not qualify as a Qualified Referral and the Referrer will not earn a Reward.
The Referred Customer did not cancel the Ancestry.com subscription and obtain a refund for the subscription; and
The referral and purchase are made in compliance with these Terms and applicable law.

3. LIABILITY.

Ancestry shall not be liable for:

Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program;
Claims, demands, and damages in disputes among users of the Program; and
Failure to provide the Program or supply any reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war.

4. CONDUCT.

Ancestry has no obligation to monitor the content provided by Users; however, Ancestry may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

Referrers agree not to use the Program to:

Violate applicable law;
Infringe the intellectual property rights of Ancestry, the Program Provider or any third parties;
Stalk, harass, or harm another individual;
Send messages containing obscene, profane, or otherwise inappropriate language;
Impersonate any person or otherwise misrepresent your identity;
Interfere with, disrupt or violate the Terms or servers or networks connected to the Program, or disobey any requirements, procedures, policies, or regulations of such networks;
Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; or
Initiate any bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Ancestry's sole discretion.

5. PUBLICITY.

Participation in the Program constitutes permission to Ancestry to use your first and last name, profile information, statements (including from the referral emails you sent under the Program), biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.

6. CONTENT OWNERSHIP AND USE.

The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between you and Ancestry, all Content is the property of Ancestry or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of Ancestry and is protected by copyright, trademark, and other laws. Ancestry authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use, for the sole purpose of referring friends and family to the Company, in accordance with these Terms. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications, regulations, and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it. The registered or unregistered logos, product and service names are or may be trademarks of Ancestry or its licensors (the "Marks"). Without Ancestry's prior written permission, and except as solely enabled by any link as provided by Ancestry or in accordance with the limited license set forth above, you agree not to display or use in any manner the Marks.

7. APPLICABLE LAW; ARBITRATION; CLASS WAIVER; AND WAIVER OF JURY TRIAL.

Any and all disputes, claims and causes of action arising out of or related to the Program shall be resolved under Utah law (without reference to its conflicts of laws principles), and all participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Utah. Participants and Ancestry agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the JAMS (www.jamsads.com). Any such arbitration, to the extent necessary, shall be conducted within Utah County, Utah. Participants covenant not to sue Ancestry in any other forum.

By participating in the Program, you acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

8. GENERAL TERMS

These Terms constitute the entire agreement between you and Ancestry concerning your use of the Program. The failure of Ancestry to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

If you have any questions about the program, please contact us by phone at 1 (800) ANCESTRY.

* Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®,™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.