Ancestry disclaims liability for unintentional, incidental, consequential, and all other damages, and caps its total liability to the amount paid by the user in the 12 months preceding the relevant event. The document states this limitation applies to New Jersey residents and acknowledges that some limitations may not apply in jurisdictions that prohibit broad liability caps.
This analysis describes what Ancestry's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a 12-month aggregate payment cap on Ancestry's total liability for any matter related to the Services, and presents cessation of service use and subscription cancellation as the sole remedy for user dissatisfaction. The document acknowledges jurisdictional limitations on the enforceability of broad liability disclaimers.
Interpretive note: Enforceability of the consequential damage exclusion and 12-month aggregate cap varies by jurisdiction, particularly in EU member states and US states with mandatory consumer protection provisions.
The updated Terms footer no longer includes a direct link to 'Do Not Sell or Share My Personal Information,' a disclosure mechanism required under California's CCPA. California residents retain the legal right to direct Ancestry not to sell or share their personal information, but the footer no longer provides a prominently placed navigation point to exercise that right. Ancestry's privacy notice continues to reference CCPA compliance and provides other disclosure language, but the specific footer link has been removed.
View change record →The updated terms reduce the out-of-pocket costs consumers must pay to arbitrate disputes against Ancestry. Previously, consumers and Ancestry shared filing fees, arbitrator fees, and hearing expenses equally unless an arbitrator found the arbitration frivolous; now, if an arbitrator determines the arbitration is non-frivolous, Ancestry covers all JAMS-invoiced fees. Separately, the revised terms establish that Ancestry will pay all mediation fees, whereas both parties previously shared this cost. The removal of language describing alternative AAA procedures narrows the stated dispute resolution pathway.
View change record →California residents who rely on the Terms and Conditions footer to find the option to request that Ancestry not sell or share their personal information will no longer see that link in that location. While the underlying CCPA right to opt out likely remains available, the removal of this navigation path from the terms page makes the right less discoverable. California residents should verify that they can still access opt-out functionality through Ancestry's website or contact the company directly if they cannot locate the feature.
View change record →Changed from 'To the maximum extent permitted by applicable law, in no event will' to 'To the fullest extent permitted by law, Ancestry will not', removed specific enumeration of liability triggers (third party conduct, content obtained, unauthorized access), and reduced scope significantly.
View full change record →Changed from all-caps to standard capitalization, removed 'exemplary damages' category, removed parenthetical about Ancestry being advised of possibility, and expanded scope to explicitly cover third-party conduct and inability to access Services.
View full change record →Under this clause, the maximum financial recovery available against Ancestry for any claim related to the Services is limited to the total amount the user paid during the 12-month period before the event giving rise to the claim. The agreement states that the sole remedy for dissatisfaction with the Services is discontinuation of use and subscription cancellation.
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"By using the Services, you agree that Ancestry's liability is limited to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. If you live in a jurisdiction that does not allow us to broadly limit our liability, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid to us during the 12-month period preceding the event giving rise to the liability. This limitation of liability applies fully to residents of New Jersey.Excerpt from Ancestry's Terms and Conditions
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This provision establishes a 12-month aggregate payment cap on Ancestry's total liability for any matter related to the Services, and presents cessation of service use and subscription cancellation as the sole remedy for user dissatisfaction. The document acknowledges jurisdictional limitations on the enforceability of broad liability disclaimers.
Under this clause, the maximum financial recovery available against Ancestry for any claim related to the Services is limited to the total amount the user paid during the 12-month period before the event giving rise to the claim. The agreement states that the sole remedy for dissatisfaction with the Services is discontinuation of use and subscription cancellation.
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