Ancestry

AARP commercial member benefits are provided by third parties, not by AARP or its affiliates. Providers pay a royalty fee to AARP for the use of its intellectual property. These fees are used for the general purposes of AARP. Some provider offers are subject to change and may have restrictions.

As an AARP member, if you sign up for an Ancestry membership through a special AARP members-only offer, you agree to the Ancestry Terms and Conditions (the “Terms”), including the dispute resolution procedures set forth in the Terms.  In addition to those procedures, you also have the option to initiate arbitration through the American Arbitration Association (AAA). If you so choose, the following applies:

You agree to first attempt to resolve any dispute informally by contacting Ancestry customer service.  If any dispute between us is not resolved within 30 days after contacting us, then you and Ancestry agree that we will resolve it through final and binding arbitration.  The term “dispute” is intended to be as broad as legally permissible and includes, but is not limited to, all disputes between you and any other person on whose behalf you have interacted with Ancestry, on the one hand, and Ancestry, including any of its parents, subsidiaries, predecessors, successors, assigns, or affiliates, on the other, that arise out of or relate in any way to the Terms, this arbitration agreement, or your interactions or relationship with Ancestry, with the following three exceptions:

1. You and Ancestry shall each have the option to resolve any dispute, if it qualifies, in the small claims court with jurisdiction over your place of residence.  To the extent any dispute involves claims for both (1) monetary damages or relief and (2) equitable or injunctive relief, to the extent the small claims court with jurisdiction will not resolve claims for equitable or injunctive relief, you and Ancestry shall each have the option to resolve the claims for monetary relief or damages in small claims court, and any claim for equitable or injunctive relief shall be resolved in arbitration pursuant to this agreement.    
2. Both you and Ancestry may bring a suit in court in the state of Utah only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.
3. If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

Arbitration Rules: This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).  Arbitration will be conducted by AAA in accordance with the then-applicable AAA rules, excluding any rules or procedures governing or permitting class actions. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only/desk arbitration pursuant to AAA Consumer Arbitration Rule 29 (or the then-applicable AAA Consumer Arbitration Rule governing documents-only arbitration procedures).  Either party may file dispositive motions in arbitration, including without limitation a motion to dismiss and/or a motion for summary judgment, and the arbitrator will apply the standards governing such motions under the Federal Rules of Civil Procedure.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, the Terms, or the Ancestry Privacy Statement, including but not limited to any claim that all or any part of this arbitration agreement, the Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To initiate an arbitration proceeding through AAA, you must send a certified letter describing your claim and requesting arbitration to Ancestry Legal Department, Ancestry.com Operations Inc., 1300 W Traverse Parkway, Lehi, UT 84043. You must also send a copy of this demand to the AAA at the same time the demand is sent to Ancestry and follow all required procedures under the then-applicable AAA rule governing starting an arbitration under an arbitration agreement in a contract.  The arbitration will be conducted by AAA under its rules, as modified by the Terms (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.

The parties shall select the arbitrator by mutual agreement.  If the parties are unable to mutually select an arbitrator, the arbitrator shall be selected as follows: AAA will give each party a list of nine (9) arbitrators drawn from its panel of arbitrators. Each party will have ten (10) calendar days to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual will be designated as the arbitrator. If more than one common name remains on the lists of all parties, the parties will strike names alternately from the list of common names by telephone conference administered by AAA, with the claimant to strike first until only one remains. If no common name remains on the lists of all parties, AAA will furnish an additional list of nine (9) arbitrators from which the parties will strike alternately by telephone conference administered by AAA, with the claimant to strike first, until only one name remains. That person will be designated as the arbitrator. If the individual selected cannot serve, AAA will issue another list of nine (9) arbitrators and repeat the alternate striking selection process.

Arbitration may take place in the county where you reside at the time of filing. You and Ancestry further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Fees: You will be required to pay $200—or the amount otherwise required under the then-applicable AAA rules—to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Ancestry will pay all other fees invoiced by AAA, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

Class, Representative and Consolidated Action Waiver.  There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, representative and/or consolidated action (the “Class Action Waiver”).  Nor shall any arbitrator have the authority to hear or arbitrate any such dispute, regardless of any other language in this arbitration agreement, or any provision of any of the rules or procedures of the AAA that might otherwise apply including, without limitation, the AAA Supplemental Rules for Class Action Arbitration.  This Class Action Waiver shall be severable from this arbitration agreement if there is a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable.  In such instances, the class, representative or consolidated action must be litigated in the courts of the State of Utah—not in arbitration.

Severability.  Other than as set forth in the Class Action Waiver, if any provision of this arbitration agreement is adjudged to be invalid, unenforceable, unconscionable, void or voidable, in whole or in part, such adjudication will not affect the validity of the rest of the arbitration agreement. All remaining provisions will remain in effect.