The Genographic Project® Geno 2.0 Next Generation Helix Product Terms
Description of National Geographic Geno 2.0 Next Generation Helix Product and Acceptance of Product Terms, Including Arbitration of Disputes
Thank you for your interest in the National Geographic Genographic Project. We offer the public the chance to join the project by buying the Geno 2.0 Next Gen Helix Product (also referred to as the “Product”). When you buy the Product, you can learn about your own unique ancestry.
The Genographic Project began in 2005 and is a research project carried out by the National Geographic Society’s scientific team to reveal patterns of human migration. The project is carried out in partnership with National Geographic Partners, LLC, whose activities include managing the sale of the Geno 2.0 Next Gen Helix Product and operation of the genographic.com website. National Geographic Partners, LLC is a joint venture of the National Geographic Society and 21st Century Fox. Throughout this document, the terms “National Geographic,” “we” or “our” or “us” refers to National Geographic Society and National Geographic Partners, LLC collectively.
When you purchase the Geno 2.0 Next Gen Helix Product, you will receive a saliva collection kit from our partner Helix. When you return your saliva sample to Helix, Helix will sequence your DNA. That sequence is your “Genetic Information.” Helix will share with National Geographic the portion of your Genetic Information needed by National Geographic to provide you with your deep ancestry insights (we’re calling this your “Genographic Genetic Information”). We will use this Genographic Genetic Information to produce your Geno 2.0 Next Gen Helix Product results.
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.
Helix Terms Apply
PLEASE ALSO SEE THE HELIX TERMS OF SERVICE FOR IMPORTANT INFORMATION, INCLUDING THE RETESTING POLICY, REFUND POLICY AND REPLACEMENT POLICY (These are discussed further below).
These Terms and Other National Geographic Terms Also Apply
Please also review the information provided in the FAQs posted on genographic.com for more information about the Genographic Project.
About the Geno 2.0 Next Gen Helix Product
The Geno 2.0 Next Gen Helix Product gives you rich details about your deep ancestry and the regions of the world through which your ancestors migrated. Those details are the story of your ancestors at least 500 years ago — and often even further.
The Genographic Project is not a genealogy testing service, meaning it does not tell you details about recent generations or your close relatives.
We intend for the Geno 2.0 Next Gen Helix Product to allow you to benefit from learning personal insights through your DNA. By using the product you will:
- Discover the migration paths your ancient ancestors followed hundreds—even thousands—of years ago, with an unprecedented view of your ancestral journey.
- Learn what percentage of your genome is affiliated with specific regions of the world.
- Find out if you have Neanderthal ancestry.
There are some risks associated with using the Geno 2.0 Next Gen Helix Product. There is a risk that you could learn something about yourself that you did not want to know. This could include finding out that your relatives are not related to you by blood. Since Genetic Information is inherited, these learnings could also impact your family.
Because females do not carry a Y chromosome, this product will not reveal direct paternal deep ancestry for female participants. Women will learn other information about their paternal side of the family, such as regional and Neanderthal percentages.
Getting Your Results
Account Registration is required. Results will be available online at genographic.com approximately 6-10 weeks after Helix receives your DNA sample. To use the Geno 2.0 Next Gen Helix Product and receive the results, you will have to create an online account with National Geographic at genographic.com and with Helix at helix.com. A unique kit identification number printed inside your DNA collection kit is required to register your kit at Helix.com. If you lose the kit ID number prior to registering at helix.com, you will not be able to register unless you purchase a replacement kit
Your results will only be available online. You must have Internet access to view the results. They will not be mailed to you.
Please print or copy your results when you access them online. National Geographic has the right to modify the Product or the Genographic website without notice. National Geographic also reserves the right to discontinue the Product or the Genographic website by providing at least 90 days’ advance notice posted on the website.
You must be 18 years or older to submit a saliva sample, create a Helix account or purchase the Product.
Each DNA collection kit contains supplies for testing one person.
The Geno 2.0 Next Gen Helix Product is for informational use only. The results are not intended for diagnosis or treatment of any medical condition. No medical action should be based on information provided by the Product.
Replacement Policy. If your DNA Collection Kit is lost or damaged, please contact Helix Customer Care for help with replacing your kit. Depending on the circumstances, a fee may apply. Please also note that Helix requires that you return a saliva sample with a certain timeframe after you place an order to help to assure the quality and accuracy of your Genetic Information. If you have a DNA Collection Kit that is past Helix’s timeframe for processing, you may contact Helix Customer Care at 1-844-211-2070 to request a replacement kit. Helix charges a replacement fee for such kit. If Helix receives your DNA Collection Kit after the timeframe for processing has expired, they will give you the option to receive a replacement kit for the replacement fee (typically a minimum of $25) and shipping and handling fees. Depending on the circumstances, a fee may apply. Please see Helix’s Replacement Policy for more details.
Refund Policy. Under Helix’s refund policy, you may request a refund of the Geno 2.0 Next Gen Helix Product purchase price within the period of time specified by Helix from purchase as long as you have not yet received and registered your DNA Collection Kit with Helix. This refund will deduct shipping and handling fees and a cancellation fee of at least $25. You can request a refund by calling the Company where you bought the kit (National Geographic Store Customer Service at 1-888-557-4450 or Helix Customer Service at 844.211.2070). Once you have received and registered your DNA Collection Kit with Helix, your purchase can no longer be refunded. If the purchase is not for your first DNA Product through Helix, it is not subject to refund. This policy is due to the informational nature of many DNA Products. These Terms override the standard National Geographic catalog and online store return policy. Please see Helix’s Refund Policy for more details.
Retesting Policy. Helix may be unable to process you saliva sample on first attempt, which may be either due to an issue with the submitted sample or with our laboratory process. If this is the case, and if enough of your sample is left over, Helix will attempt to process your sample again at no charge. If they are still unable to process your sample, we will send you a second collection kit at no charge. However, if they are unable to process your sample because of your violation of these Terms or the Helix Terms of Service, a fee may apply to receive a second collection kit. You can use this second kit to send us a second sample. If your second sample cannot be processed, you may request an additional kit for a fee (at least $25) and submit a new sample in order for Helix to make another attempt at sequencing your DNA, or you may instead request a refund for your order. A refund will deduct a cancellation fee (at least $25) and shipping and handling fees. See the Helix Retesting Policy and the Helix Return Policy.
Arbitration of Disputes
(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).
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and National Geographic will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and National Geographic cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of National Geographic and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-minimum-standards/ . The arbitrator is bound by the terms of this Arbitration Agreement.
(4) If either you or National Geographic wants to arbitrate a Dispute, you or National Geographic must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the NG Service to which the Notice relates, and the relief requested. Your Notice to the National Geographic must be sent by mail to Arbitration Notice of Dispute, c/o Business and Legal Affairs, Litigation VP, 1145 17th Street NW, Washington, DC 20036. The National Geographic will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
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.
(5) You and the National Geographic acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND NATIONAL GEOGRAPHIC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the National Geographic will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 8 below.
(6) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against National Geographic, you and the National Geographic acknowledge and agree to abide by the following:
- If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), National Geographic will pay the filing fee on your behalf or reimburse your payment of it.
- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but National Geographic will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
- National Geographic and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. National Geographic will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
- National Geographic and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
(7) Regardless of how the arbitration proceeds, each of you and National Geographic shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) Each of you and National Geographic may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if National Geographic failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than National Geographic’s highest settlement offer, then National Geographic will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If National Geographic wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order National Geographic to pay any monies to or take any actions with respect to persons other than you, unless National Geographic explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless National Geographic expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(10) You and National Geographic agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
(11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against National Geographic must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
THE PRODUCT IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND NATIONAL GEOGRAPHIC DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL GEOGRAPHIC EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NATIONAL GEOGRAPHIC MAKES NO WARRANTY THAT YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE PRODUCT WILL BE CORRECTED, THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE PRODUCT OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THOSE PROVIDED BY HELIX) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL NATIONAL GEOGRAPHIC OR OUR NATIONAL GEOGRAPHIC AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE PRODUCT, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE PRODUCT, ATTENDANCE AT AN NATIONAL GEOGRAPHIC EVENT, ANY MATERIAL OBTAINED IN CONNECTION WITH THE PRODUCT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE (E.G., HELIX SERVICES) IN CONNECTION WITH THE PRODUCT, OR THE CONDUCT OF ANY USERS OF THE PRODUCT, WHETHER ONLINE OR OFFLINE. YOUR USE OF THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY NATIONAL GEOGRAPHIC AND ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCT, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE PRODUCT.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NATIONAL GEOGRAPHIC NOR OUR AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF NATIONAL GEOGRAPHIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL GEOGRAPHIC AND OUR AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NATIONAL GEOGRAPHIC, FOR THE PRODUCT DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF NATIONAL GEOGRAPHIC’S ACTS OR OMISSIONS OR YOUR USE OF THE PRODUCT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE PRODUCT.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NATIONAL GEOGRAPHIC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
National Geographic provides the Product from the United States of America. National Geographic does not represent that the Product is appropriate (or, in some cases, available) for use in other locations. If you use the Product from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Product.
National Geographic makes no representation that you will be able to obtain the Product in any particular jurisdiction, either within or outside of the United States.
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.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold National Geographic, its NG Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of or in connection with your use of the Product, your breach of this Agreement, or your violation of any rights of another, on or through or in connection with the Product.
May I order multiple Kits? At this time, a maximum of five Geno 2.0 Next Gen Helix Products may be purchased at one time.
Do you ship internationally? At this time, the Geno 2.0 Next Gen Helix Product is not available outside the United States and Puerto Rico.
Questions? If you have any questions concerning the Geno 2.0 Next Gen Helix Product, your rights or the procedures involved, please visit www.genographic.com.
You may contact a customer service representative at:
Telephone number: 1-888-557-4450
Hours of Operation: 9 a.m. to 5 p.m. U.S. Eastern time, Monday through Friday