(1) National Geographic, including our parents, subsidiaries or affiliates (“NG Affiliates”), agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and National Geographic, regarding any aspect of your relationship with National Geographic relating to the National Geographic Genographic Project and the Product, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and National Geographic agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and National Geographic, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and National Geographic in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms (including their applicability and their conformance to applicable law), any products or services provided by National Geographic relating to the National Geographic Genographic project, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and National Geographic retains the right to sue in small claims court and (ii) each of you and National Geographic may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and National Geographic also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and National Geographic (see paragraph 9 of this Arbitration Agreement below). There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).
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This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and National Geographic agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement or the Product. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND NATIONAL GEOGRAPHIC UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND NATIONAL GEOGRAPHIC WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY JOINING THE NATIONAL GEOGRAPHIC GENOGRAPHIC PROJECT, OR ORDERING AND/OR USING THE PRODUCT AND AGREEING TO THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
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“Brown Bear, Brown Bear, What Do You See? from Bill Martin Jr. and Eric Carle. All of my babies have loved this book. We all have it memorized and when we are in the car and the youngest one gets fussy we all start reciting the book, with the same pace and inflection I did when they were all babies. I always give it as a gift for a baby shower or first birthday.” ― Wendy Fortner
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