Welcome to the Ancestry Traveler community! We're excited to provide all sorts of free tools and insight to help you discover the stories of your ancestors and to plan tailor-made heritage vacations.
When you use Ancestry Traveler, you enter into a legal agreement, which is what you see below. It may seem long, but that's because we've tried to make it as clear as we can and included a few extra notes alongside these terms (highlighted and labeled as “TL;DR”). These notes are not a part of the contract itself, but are intended to help make the legalese a little easier to follow. We've also bolded a few areas that talk about important legal rights, including the following:
These Terms of Service include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.
We're always happy to hear from you if you have any questions or suggestions. You can contact us by email at email@example.com or by snail mail at Ancestry Traveler LLC, 6 Union Rd, Stratham, NH 03885, Attention: Legal Department. Now for the legal stuff:
Our Terms of Service
1. Our Services
When we refer to our “Services,” we mean all products and services owned and operated by Ancestry Traveler LLC or any of its affiliated companies (collectively, “Ancestry Traveler” “we,” or “us”), including the content, features, tools, data, software and functions made available by Ancestry Traveler through www.ancestrytraveler.com, our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service.
We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of our Services are subject to additional terms and conditions ("Additional Terms"), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.
Ancestry Traveler's tools and services are constantly changing, so you might see features come and go as we continue to improve our experience and services for members. We will sometimes need you to agree to special terms for certain features.
2. Your Ancestry Traveler Member Profile
2.1 General Requirements
You will need to register for an Ancestry Traveler member profile, including the "Travel Planner" form and "Explore my Ancestors" form to access many specific aspects of our Services, like your personalized family history report and to receive customized travel recommendations. Completing all or part of a member profile is optional, but if you do not complete a member profile, you will not be able to access certain aspects of our Services.
By registering for an Ancestry Traveler member profile, you certify that:
You are 18 years of age or older
Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete.
You must keep any and all passwords confidential. You are responsible for all activities that occur under your registered member profile.
Our most helpful features require you to complete an Ancestry Traveler member profile (it helps us personalize your experience and make travel recommendations). If you decide to complete a profile, you're pinky swearing that you're an adult and you are who you say you are.
2.2 Specific Registration Consents
I understand that I am providing written instructions for Ancestry Traveler or its affiliated companies to request and receive information about me and my ancestors from third parties, including, but not limited to, FamilySearch, Ancestry and Family History Technology Lab .
When you register by completing a member profile, you're asking us to access your family history so we can provide ancestry research services and offer personalized travel recommendations.
3. Limitations and Restrictions on Use of Our Services
3.1 Analysis and Estimates
Any analysis and estimates we provide as part of our Services are for illustrative and informational purposes only. Our analysis and estimates are based on certain assumptions and use only the information we have. Our analysis and estimates are neither endorsed by, nor commissioned by, any of our marketing partners. The methodology we use to determine which ancestor histories, travel recommendations or other information is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or de-emphasize certain factors in our sole and absolute discretion.
When it comes to your travel plans and family history, we'll show you stuff you may find helpful and interesting, but it's up to you to make the final decision on any purchases.
3.2 Third Party Offers
With respect to offers from our marketing partners, we do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to purchase a product or service offered by our marketing partners and we will never submit an application or register for a product or service to a marketing partner on your behalf without your consent.
3.3 Educational Purposes
All information on our Services is presented for educational purposes only. We do not guarantee that the information we present as part of our Services, including family history and travel information, is the same information that may be given or used by a third party to evaluate your ancestry or to make recommendations for any particular travel product or service.
3.4 Territorial Restrictions
We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
3.5 Compliance with Law
You must comply with all applicable laws when using our Services. You are not permitted to use our Services under false pretenses or in violation of any state or federal law.
You agree you won't use our services to do illegal stuff.
3.6 Links to or Connections with Third Party Sites or Applications
Our Services or communications to you may contain third party content, links or access to third party sites, applications or services (collectively, “Third Party Content”). Our Services may also include features that allow you to connect your Ancestry Traveler account with accounts or services provided by third parties, such as accounts you maintain with ancestor research databases like FamilySearch or social media platforms like Facebook (collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
We might show you stuff from other companies or even connect you with them, but we're not legally responsible for anything they do. You should review their policies separately.
4. Ownership and Infringement
4.1 Our Content
All content and materials, including visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of Ancestry Traveler and its third-party licensors. Our Content is protected by U.S. and international intellectual property laws and treaties. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.
We've created a lot of cool stuff for you to use, read, and look at. Please don't reuse it without our written permission.
4.2 Our Partners' Intellectual Property
Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our business or marketing partners (our “Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.
You also can't reuse our business partners' stuff.
4.3 Infringement of Rights
You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content or Community Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:
Attention: Copyright Agent, Legal Department
Ancestry Traveler LLC
6 Union Rd.
Stratham, NH 03885
Ancestry Traveler reserves the right to block or otherwise prohibit use of our services, in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.
If you think something on our platform belongs to someone else, let us know (we've outlined the steps above). And if you're posting other people's stuff, we can block your access. So don't do it!
5. Contributing to Our Community
5.1 Our Community Rules
We encourage you to use our Services to interact with other consumers and Ancestry Traveler members. We may provide you and others with the opportunity on our Services (through forums, blogs, message boards, review pages, and similar features) to submit, post, and publish certain content and materials, including messages, reviews, photos, video, images, data, and text ("Community Content"). You must abide by the Community Rules when publishing, uploading, or submitting your Community Content.
We provide some pretty awesome community features to help you share content and materials with other users, but we have some rules to try to keep it polite and helpful for everyone. No trolls!
5.2 License to Your Community Content
By submitting, posting, or publishing your Community Content on or through our Services, you grant to Ancestry Traveler a non-exclusive, unrestricted, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to publish, host, store, transfer, distribute, modify, create derivative and collective works from, reproduce, display, perform, transmit, process, or otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your Community Content, in whole or in part, to provide, optimize, improve, and promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness for the foregoing purposes without compensating you. This license also includes the right to publish your Community Content in a searchable format that may be accessed by other users of our Services. You also grant to other users of our Services a non-exclusive license to access and use your Community Content in connection with our Services.
You're giving us permission to use the stuff you post on our platform, like reviews and community advice. Thanks!
5.3. Responsibility for Community Content
You are solely responsible for the Community Content that you submit, post, or publish via our Services. By submitting, posting, or publishing Community Content, you represent and warrant that (a) you are the creator and owner of the Community Content, or have the necessary licenses, rights, consents, and permissions to authorize us and other users to use for our benefit your Community Content as necessary to exercise the licenses granted by you in this Agreement, in the manner contemplated by us, our Services, and this Agreement, and (b) your Community Content complies with our Community Rules.
We don't take responsibility for Community Content that you or other users provide (we think it'll be great, but we just can't know for sure).
5.4 License to Use Your Feedback
We want to create a great experience for you, so please let us know what you think we could do better. We just need your permission to use your feedback when you give it to us!
6. Monitoring of Our Services and Disclosure for Administrative and Legal Reasons
We're not Big Brother, but we need to be able to keep an eye on things to protect ourselves, our members and the public.
WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. ANCESTRY TRAVELER, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR THE COMMUNITY CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, THE COMMUNITY CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING ANCESTRY TRAVELER OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT, THE COMMUNITY CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT, THE COMMUNITY CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT, THE COMMUNITY CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
YOU ACKNOWLEDGE THAT ANCESTRY TRAVELER IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR ANCESTOR HISTORY, TRAVEL ITINERARIES AND OTHER INFORMATION; AND (II) BETWEEN YOU AND OUR BUSINESS PARTNERS WHOSE OFFERS WE PRESENT. ANCESTRY TRAVELER EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH INFORMATION, TRAVEL ITINERARIES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
This is very important (like, bold and ALL-CAPS important) so please read the whole section carefully for specifics. It explains that we don't make any warranties about our services or content (including any travel tips you might pick up).
8. Limitation of Liability
ANCESTRY TRAVELER AND ITS REPRESENTATIVES, AGENTS, SPECIALISTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE “ANCESTRY TRAVELER PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES, OUR CONTENT OR THE COMMUNITY CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE ANCESTRY TRAVELER PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE THOUSAND UNITED STATES DOLLARS ($1000.00).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE ANCESTRY TRAVELER PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Sorry for the bold and all-caps again. It's really important to highlight how our liability is limited when it comes to issues you may encounter with our services. Please read the whole section carefully.
You will defend (if requested by any Ancestry Traveler Party), indemnify, and hold harmless the Ancestry Traveler Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by the Ancestry Traveler Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services, our Content or the Community Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of Ancestry Traveler. The Ancestry Traveler Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
If someone sues us because of something you did, you're responsible for it, so read the above carefully.
10. Dispute Resolution and Arbitration
A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read this section carefully for details on how it works.
Despite the provisions of Section 10.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Service, regardless of whether prior versions of the Terms of Service required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Service as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. Any arbitration hearing will take place at a location to be agreed upon in Salt Lake City, Utah, but if the claim is for $10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Ancestry Traveler for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
10.5 Notice and Process
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Ancestry Traveler Legal: Arbitration Claim Manager,” at Ancestry Traveler LLC, 6 Union Rd., Stratham, NH 03885. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
10.6 No Class Actions
YOU AND ANCESTRY TRAVELER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Ancestry Traveler agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
If Ancestry Traveler makes any future change to this arbitration provision (other than a change to Ancestry Traveler's address for Notice), you may reject the change by sending us written notice within 30 days of the change to Ancestry Traveler's address for Notice, in which case your account with Ancestry Traveler will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
If any provision of this Section 10 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
11. Termination of Agreement; Surviving Terms.
The Agreement is effective until your member account, if applicable, is deactivated by either you or Ancestry Traveler and you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.
The Agreement lasts until your account is deactivated and you completely stop using our services (but there are a few parts that have to live on forever).
This entire section is where we have what our lawyers fondly call “boilerplate.” Each one is pretty quick, so we won't break them down any further.
12.1 Governing Law
The Agreement is governed by the laws of the State of Wyoming, excluding conflicts of law provisions.
12.2 Entire Agreement
12.3 Changes to the Agreement
12.4 Waiver Only in Writing
Ancestry Traveler's failure to enforce any of its rights or act with respect to a breach of by you or others of the Agreement does not constitute a waiver of any rights and will not limit Ancestry Traveler's rights with respect to that breach or any subsequent breaches. No waiver by Ancestry Traveler of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Ancestry Traveler.
Ancestry Traveler may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.
The titles and annotations, including the TL;DR sections, contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against Ancestry Traveler because we drafted it.
Whew! You made it. Pat yourself on the back and then go enjoy Ancestry Traveler!