If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the National Geographic at the address listed above to which you sent your Notice of Dispute.
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(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).


“The Kissing Hand by Audrey Penn. It’s hard to let your children go to preschool or kindergarten. This book has a Mama Raccoon who kisses her child’s palm before she leaves him at school. If he misses her he can place his palm with the kiss on his cheek, and he will know his mother loves him. Baby Raccoon also kisses his mother’s palm before he heads off to school. Real love endures even when we’re away from our loved ones. Sweet story. Beautiful artwork.” ― Donna Worthington Shiro
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