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VISITOR AGREEMENT

This Visitor Agreement applies to the family of informational, educational and
entertainment-oriented websites and applications controlled by Discovery
Communications, LLC and/or its subsidiary and affiliated entities (collectively,
“Discovery”). Please read this Visitor Agreement; by using the applicable
website or application, you accept its terms.


DISCOVERY DIRECT-TO-CONSUMER DIGITAL SERVICES

If you use one of the Discovery digital services offered by the websites or
applications of the Discovery brands listed below, separate terms and conditions
will apply as posted within the corresponding link and on the applicable website
or application:

Network Website discovery+ discovery+ Visitor Agreement Food Network Kitchen
Food Network Kitchen Visitor Agreement Golf Digest Golf Digest Visitor Agreement
Motor Trend Motor Trend Group Terms of Use Magnolia Magnolia Terms of Service
OWN OWN Terms of Use

This Visitor Agreement applies to all of the websites and applications where it
is posted. Those websites and applications are referred to collectively in this
Visitor Agreement as the “Discovery Sites.” Additional terms and conditions may
apply to some services offered on the Discovery Sites. Such terms and conditions
may be found at the place where the relevant service is offered. For example,
policies governing purchases through DiscoveryStore.com can be found at the
bottom of each DiscoveryStore.com page.

Please read this Visitor Agreement carefully. It contains important information
regarding your legal rights including mandatory arbitration, no class relief,
and waiver of your right to a jury trial. Please take a few minutes to review
the section here.


The Web is an evolving medium; we may change the terms of this Visitor Agreement
from time to time. By continuing to use any of the Discovery Sites after we post
any such changes, you accept this Visitor Agreement, as modified. We may change,
restrict access to, suspend or discontinue the Discovery Sites, or any portion
of the Discovery Sites, at any time. Discovery respects the privacy of our
users. Please take a few minutes to review our Privacy Notice.

If you disagree with any material you find on the Discovery Sites, we recommend
that you respond by noting your disagreement in an appropriate site forum where
there is one. We also invite you to bring to our attention any material you
believe to be factually inaccurate by contacting our representatives at (240)
662-8909 or by contacting Fan Relations at
https://corporate-discovery.zendesk.com/hc/en-us.

The material that appears on the Discovery Sites is for informational and
entertainment purposes only. Despite our efforts to provide useful and accurate
information, errors may appear from time to time. Before you act on information
you’ve found on the Discovery Sites, you should confirm any facts that are
important to your decision. Discovery and its information providers make no
warranty as to the reliability, accuracy, timeliness, usefulness or completeness
of the information on the Discovery Sites. Discovery is not responsible for, and
cannot guarantee the performance of, goods and services provided by our
advertisers or others to whose sites we link. A link to another website does not
constitute an endorsement of that site (nor of any product, service or other
material offered on that site) by Discovery or its licensors.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement must be sent to Discovery’s Designated Agent. The
Name and Address of Agent Designated to Receive Notification of Claimed
Infringement: Leah Montesano, Legal Affairs, Discovery Communications, LLC, 8403
Colesville Road, Silver Spring, MD 20910; 240.662.0000 (telephone); or
DMCA_notices@discovery.com (e-mail).

To be effective, the notification must be a written communication that includes
the following:

 1. A physical or electronic signature of a person authorized to act on behalf
    of the owner of an exclusive right that is allegedly infringed;
 2. Identification of the copyrighted work claimed to have been infringed, or,
    if multiple copyrighted works at a single online site are covered by a
    single notification, a representative list of such works at that site;
 3. Identification of the material that is claimed to be infringing or to be the
    subject of infringing activity and that is to be removed or access to which
    is to be disabled, and information reasonably sufficient to permit us to
    locate the material;
 4. Information reasonably sufficient to permit us to contact the complaining
    party, such as an address, telephone number and, if available, an e-mail
    address at which the complaining party may be contacted;
 5. A statement that the complaining party has a good-faith belief that use of
    the material in the manner complained of is not authorized by the copyright
    owner, its agent or the law; and
 6. A statement that the information in the notification is accurate and, under
    penalty of perjury, that the complaining party is authorized to act on
    behalf of the owner of an exclusive right that is allegedly infringed.

 

We may give notice to our users by means of a general notice on any of our
websites, electronic mail to a user’s e-mail address in our records, or written
communication sent by first-class mail to a user’s physical address in our
records. If you receive such a notice, you may provide counter-notification in
writing to the designated agent that includes the information below. To be
effective, the counter-notification must be a written communication that
includes the following:

 1. Your physical or electronic signature;
 2. Identification of the material that has been removed or to which access has
    been disabled, and the location at which the material appeared before it was
    removed or access to it was disabled;
 3. A statement from you, under penalty of perjury, that you have a good-faith
    belief that the material was removed or disabled as a result of a mistake or
    misidentification of the material to be removed or disabled; and
 4. Your name, physical address and telephone number, and a statement that you
    consent to the jurisdiction of a federal district court for the judicial
    district in which your physical address is located, or if your physical
    address is outside of the United States, for any judicial district in which
    we may be found, and that you will accept service of process from the person
    who provided notification of allegedly infringing material or an agent of
    such person.

 


USER-GENERATED VIDEO

In submitting user-generated video to the Discovery Sites, you agree to the
following terms and conditions: For good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, you grant Discovery
Communications, LLC (“Discovery”), Discovery’s joint venture partners, vendors,
production companies, and programming and content distributors, and the parents,
affiliates, subsidiaries, licensees, successors and assigns of all of the
foregoing (collectively, the “DCL Parties”) a non-exclusive, perpetual,
royalty-free, fully paid up license to make use of and distribute your
user-generated video submitted hereunder, as well your name, voice, likeness and
appearance therein (if any) and the personally identifying information you
provide on or in connection therewith (collectively, the “Video Submission”), as
further described below. You acknowledge and agree that you shall not be
entitled to share in any revenue that the DCL Parties may or may not earn or
generate through their use of your Video Submission.

DCL Parties’ Right to Use Your Video Submission. You grant the DCL Parties the
non-exclusive right to edit in any manner, and to use and distribute and license
others to use and distribute, your Video Submission, or any portions,
reproductions or versions thereof, on the websites, products and/or services (in
any and all media, now known or hereafter invented, including without limitation
television, home video/DVD products, and mobile services) of the DCL Parties, an
unlimited number of times, in perpetuity, throughout the world, with or without
charge or cost to end-users or other third parties. You also grant the DCL
Parties the right to use and distribute, and license others to use and
distribute, your Video Submission in the promotion of such websites, products
and/or services, to the same extent permitted for use and distribution of your
Video Submission hereunder.

Clearance of Your Video Submission for the DCL Parties’ Use. You represent and
warrant that your Video Submission is your original work and that you have
secured any and all rights, releases and permissions necessary for the DCL
Parties’ use and distribution of your Video Submission hereunder, including
without limitation those related to any people, places, music, performances of
dance or music, video, photographs and/or graphics in your Video Submission
(collectively, the “Elements”). You represent and warrant that, to the best of
your knowledge, no further permissions or fees are due for the DCL Parties’ use
and distribution of your Video Submission or any Elements therein. You further
represent and warrant that any statements made by you or others in the Video
Submission are true to the best of your knowledge and that neither they, nor any
Element of your Video Submission, will violate any law or regulation or violate
or infringe upon the rights of any third party.

Waiver of Right of Approval.You hereby waive any right of inspection or approval
of your Video Submission as used and distributed by the DCL Parties, including
without limitation any approval of your appearance and/or use of your name
therewith or the uses to which either may be put.

Release and Waiver; Indemnification. You acknowledge that the DCL Parties will
rely on the foregoing terms and conditions potentially at substantial cost to
them, and you hereby waive the right to assert any claim of any nature
whatsoever against any party relating to the exercise of the rights and
permissions granted hereunder. You agree to indemnify, defend and hold harmless
the DCI Parties from any and all claims arising from their use and distribution
of your Video Submission as permitted herein.


COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS

Discovery wants to encourage an open exchange of information and ideas through
the Discovery Sites. But we cannot and do not review every posting made on
Discovery’s community and social media sites, or in chat rooms, forums, blogs,
and other public posting areas. You can expect these areas to include content,
information, and opinions from a variety of individuals and organizations other
than Discovery. We do not endorse or guarantee the accuracy of any posting,
regardless of whether the posting comes from a user, from a celebrity or
“expert” guest, or from a member of our staff. There is no substitute for
healthy skepticism and your own good judgment. Responsibility for what is posted
on Discovery’s community and social media sites, or in chat rooms, forums, blogs
and other public posting areas on the Discovery Sites lies with each user – you
alone are responsible for material you post. Discovery does not control the
messages, information or other content that you or others may provide through
the Discovery Sites. You may use the Discovery Sites for lawful purposes only.

By using the Discovery Sites, you agree not to submit, post or transmit through
the Discovery Sites any material or otherwise engage in any conduct that:

 * Violates or infringes the rights of others including, without limitation,
   patent, trademark, trade secret, copyright, publicity, privacy or other
   proprietary rights;
 * Allows you to gain unauthorized access to the Discovery Sites, or any
   account, computer system, or network connected to the Discovery Sites, by
   means such as hacking, password mining or other illicit means;
 * Is unlawful, threatening, abusive, harassing, defamatory, libelous,
   deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains
   explicit or graphic descriptions or accounts of sexual acts;
 * Victimizes, harasses, degrades, or intimidates an individual or group of
   individuals on the basis of religion, gender, sexual orientation, race,
   ethnicity, age, or disability;
 * Collects for marketing purposes any email addresses or other personal
   information that has been posted by other users of the Discovery Sites.
 * Impersonates any person, business or entity, including Discovery and its
   employees and agents, or falsely states or otherwise misrepresents your
   affiliation with any person, business or entity, including Discovery;
 * Contains an advertisement or solicitation or encourages others to make a
   donation;
 * Contains viruses or any other computer code, files or programs that
   interrupt, destroy or limit the functionality of any computer software or
   hardware or telecommunications equipment, or otherwise permit the
   unauthorized use of a computer or computer network;
 * Encourages conduct that would constitute a criminal offense or that gives
   rise to civil liability or that otherwise encourages others to commit illegal
   activities or cause injury or property damage to any other person;
 * Results in the posting or transmission of any message anonymously or under a
   false name;
 * Permits any person to access, using your account, any features of the
   Discovery Sites that may require registration;
 * Results in a single message being posted to more than five areas of any
   Discovery Site or results in any message being posted to any area of the
   Discovery Sites if that message is, in our view, off-topic or in violation of
   this Visitor Agreement; or
 * Violates this Visitor Agreement, guidelines or any policy posted on the
   Discovery Sites, or interferes with the use of the Discovery Sites by others.

 

Although Discovery cannot monitor all content on Discovery’s community and
social media sites, or postings in the chat rooms, forums, blogs and other
public posting areas, you understand that Discovery shall have the right, but
not the obligation, to monitor the content of the Discovery Sites to determine
compliance with this Visitor Agreement and any other operating rules that may be
established by Discovery from time to time. Discovery shall have the right, in
its sole discretion, to edit, move, delete, or refuse to post any material,
including but not limited to Video Submissions, submitted to or posted on the
Discovery Sites for any reason, including violation of this Visitor’s Agreement,
whether for legal or other reasons, or because the material is objectionable or
stale. Notwithstanding this right of ours, users shall remain solely responsible
for the content of their messages and Video Submissions. You acknowledge and
agree that neither Discovery nor any of its affiliates shall assume or have any
liability for any action or inaction by Discovery with respect to any conduct
within the Discovery Sites or any communication or posting on the Discovery
Sites. Discovery also reserves the right to disclose any information that
Discovery believes necessary to satisfy any law, regulation or governmental
request, or to refuse to post or to remove any information or materials, in
whole or in part.

Discovery requires you not to use the Discovery Sites to violate anyone’s
copyright, trademark or other intellectual property rights. By posting or
submitting any material (including, without limitation, photographs and videos)
to the Discovery Sites, you are warranting and representing that you own or have
the right to post or make such submission of the material, or are making your
submission or posting with the express consent of the owner, and that no other
party has any right, claim, or interest in the material that you have submitted
or posted. You also warrant that all moral rights in any material that you
submit to us or post have been waived. Submitting or posting material that is
the property of another, without the consent of its owner, is not only a
violation of this Visitor Agreement, but may also subject you to legal liability
for infringement of copyright, trademark or other intellectual property rights.


USE OF MATERIALS

With the exception of any and all Video Submissions (Discovery’s permitted use
of which is discussed above) and any material posted on Discovery’s community
and social media sites, all other material you submit to any of our chat rooms,
forums, blogs and other public posting areas, whether text or images, becomes
the property of Discovery and may be reproduced, modified and distributed as we
see fit, in any medium, for any purpose and in perpetuity. Further, you
understand that by posting material on Discovery’s community and social media
sites, you are granting to Discovery, and to anyone authorized by Discovery, a
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
license to display, use, copy, modify, transmit, sell, exploit, create
derivative works from, distribute, and/or publicly perform such materials posted
on Discovery’s community and social media sites, in whole or in part, in any
manner or medium, now known or hereafter developed, for any purpose. The
foregoing grant shall include the right to exploit any proprietary rights in
such posting or submission, including, but not limited to, rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction. Also, in connection with the exercise of such rights, you grant
Discovery, and anyone authorized by Discovery, the right to identify you as the
author of any of your postings or submissions by name, email address or screen
name, as Discovery deems appropriate. Please also note the last paragraph in the
“COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS” section above.
See terms and conditions that govern the submission of user-generated video to
the Discovery Sites.

The materials available through the Discovery Sites are the property of
Discovery or its licensors, and are protected by copyright, trademark and other
intellectual property laws. You are free to display and print for your personal,
non-commercial use information you receive through the Discovery Sites. But you
may not otherwise reproduce any of the materials without the prior written
consent of the owner. You may not distribute copies of materials found on the
Discovery Sites in any form (including by e-mail or other electronic means),
without prior written permission from the owner. Of course, you are free to
encourage others to access the information themselves on the Discovery Sites and
to tell them how to find it.


LINKING

We welcome links to the Discovery Sites. You are usually free to establish a
hypertext link to any of the Discovery Sites so long as the link does not state
or imply any sponsorship or endorsement of your site by any of the Discovery
Sites or by Discovery. However, you should check the copyright notice on the
page to which you wish to link to make sure that one of our content providers
does not have its own policies regarding direct links to their content on the
Discovery Sites.


NO SOLICITING

You agree not to use the Discovery Sites to advertise, or to solicit anyone to
buy or sell, products or services, nor to solicit anyone to make donations of
any kind, without our express written approval.


NO SPAMMING OR SPIMMING

From time to time, users post their e-mail addresses in our chat rooms, forums,
blogs and other public posting areas. You may not gather these e-mail addresses
for commercial or illegal purposes, such as sending unsolicited or unrequested
e-mail or instant messages.


NO FRAMING

Without the prior written permission of Discovery, you may not frame, or make it
appear that a third-party site is presenting or endorsing, any of the content of
the Discovery Sites, or incorporate any intellectual property of the Discovery
Sites, Discovery or any of their licensors into another website or other
service.


TRADEMARKS

We do not want anyone to be confused as to which materials and services are
provided by Discovery and which are not. You may not use any trademark or
service mark appearing on the Discovery Sites without the prior written consent
of the owner of the mark.


ACCURACY OF INFORMATION

The Discovery staff works hard to ensure that information we post to the
Discovery Sites is both timely and accurate. But the news changes over time and
reports that were accurate when posted may quickly become old news. Though we
may post follow-up reports, and may continue to provide access to the original
report, as in an archive of news stories, for example, we do not go back and
change the original report to reflect new developments. If you are looking for
the most recent information on a given subject, and not the history of how the
story unfolded, be sure you’re not looking at an out-of-date report.


AGE RESTRICTION

You must be at least 13 years old to register on the Discovery Sites. By
registering on the Discovery Sites, you warrant that you are at least 13 years
old.


USER ACCOUNTS AND SECURITY

To obtain access to certain services on the Discovery Sites, you may be given an
opportunity to register with the Discovery Sites. As part of any such
registration process, you will select a user name and a password. You agree that
the information you supply during that registration process will be accurate and
complete. You also agree not to (i) select, register, or attempt to register, or
use a user name of another person with the intention of impersonating that
person; (ii) use a user name of anyone else without authorization; (iii) use a
user name in violation of the intellectual property rights of any person; or
(iv) use a user name that Discovery considers to be offensive. Discovery
reserves the right to reject or terminate any user name or password that, in its
judgment, it deems offensive. You will be responsible for preserving the
confidentiality of your password and will notify Discovery of any known or
suspected unauthorized use of your account. Further, you agree that you are
responsible for all statements made and acts or omissions that occur on your
account while your password is being used. If you believe someone has used your
password or account without your authorization, you must notify Discovery
immediately. Discovery reserves the right to access and disclose any information
including, without limitation, user names of accounts and other information to
comply with applicable laws and lawful government requests. Please inform
Discovery if there is a change in the information you provided at the time of
your initial registration, including any change of address or name, by
contacting our representatives at (240) 662-8909 or filling out the form at
https://discovery.csharmony.epsilon.com/Account/Login?b=CORPORATE. Click here to
view ourPrivacy Notice.


DISCLAIMER OF WARRANTIES AND LIABILITY

We work hard to make the Discovery Sites interesting and enjoyable places, but
we cannot guarantee that our users will always find everything to their liking.
Please read this Disclaimer carefully before using any of the Discovery Sites.

YOU AGREE THAT YOUR USE OF THE DISCOVERY SITES IS AT YOUR SOLE RISK. BECAUSE OF
THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY
SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION,
THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH
INFORMATION. IF YOU RELY ON ANY DISCOVERY SITE OR ANY MATERIAL AVAILABLE THROUGH
THE DISCOVERY SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED
THROUGH THE DISCOVERY SITES.

THE DISCOVERY SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS
AVAILABLE. THE DISCOVERY SITES, DISCOVERY COMMUNICATIONS, LLC AND THEIR
AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DISCOVERY SITES, NOR
DO THEY GUARANTEE THAT THE DISCOVERY SITES WILL BE ERROR-FREE OR CONTINUOUSLY
AVAILABLE, OR THAT THE DISCOVERY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE DISCOVERY SITES, DISCOVERY
COMMUNICATIONS, LLC OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE DISCOVERY SITES,
INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCOVERY SITES, DISCOVERY
COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE
DISCOVERY SITES, DISCOVERY COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND
LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED
TO THE DISCOVERY SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY
COMMUNICATIONS, LLC FOR THE USE OF THE DISCOVERY SITES.


DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT
YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed
to be a “written agreement to arbitrate” pursuant to the Federal Arbitration
Act. You and Discovery agree that we intend that this Section satisfies the
“writing” requirement of the Federal Arbitration Act. This Section can only be
amended by mutual agreement.

We believe that arbitration is a faster, more convenient and less expensive way
to resolve any disputes or disagreements that you may have with us. Therefore,
pursuant to this Visitor Agreement, if you have any dispute or disagreement with
us regarding (i) your use of or interaction with the Discovery Sites, (ii) any
purchases or other transactions or relationships with Discovery, or (iii) any
data or information you may provide to Discovery or that Discovery may gather in
connection with such use, interaction or transaction (collectively, “Discovery
Transactions or Relationships”), you will not have the right to pursue a claim
in court, or have a jury decide the claim and you will not have the right to
bring or participate in any class action or similar proceeding in court or in
arbitration. By using or interacting with the Discovery Sites, or engaging in
any other Discovery Transactions or Relationships with us, you agree to binding
arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints,
disputes, or disagreements that you may have with us. If those efforts fail, by
using the Discovery Sites, you agree that any complaint, dispute, or
disagreement you may have against Discovery, and any claim that Discovery may
have against you, arising out of, relating to, or connected in any way with this
Visitor Agreement, our Privacy Notice, or any Discovery Transactions or
Relationships shall be resolved exclusively by final and binding arbitration
(“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in
accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect
at the time the Arbitration is initiated or, if the amount in controversy
exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules
And Procedures then in effect (respectively, the “Applicable Rules”). The
Applicable Rules can be found at  www.jamsadr.com. If JAMS is no longer in
existence, the Arbitration shall be administered by the American Arbitration
Association or its successor (the “AAA”) instead, and conducted in accordance
with the AAA Commercial Arbitration Rules in effect at that time (which shall be
the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA)
at the time the arbitration is filed has Minimum Standards of Procedural
Fairness for Consumer Arbitrations in effect which would be applicable to the
matter in dispute, Discovery agrees to provide the benefit of such Minimum
Standards to you to the extent they are more favorable than the comparable
arbitration provisions set forth in this Section, provided, however, that in no
event may such Minimum Standards contravene or restrict the application of
subpart (e) or (i) below. Furthermore, this Section shall not prevent any party
from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction.

You further agree that:

Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal,
state or local court or agency, shall have the exclusive authority to resolve
any dispute arising under or relating to the validity, interpretation,
applicability, enforceability or formation of this Visitor Agreement and/or
these arbitration provisions in this Section hereof, including but not limited
to any claim that all or any part of this Visitor Agreement is void or voidable;

Location of Arbitration. The Arbitration shall be held either: (i) at a location
determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules
(provided that such location is reasonably convenient for you and does not
require travel in excess of 100 miles from your home or place of business); or
(ii) at such other location as may be mutually agreed upon by you and Discovery;
or (iii) at your election, if the only claims in the arbitration are asserted by
you and are for less than $10,000 in aggregate, by telephone or by written
submission;

Governing Law. The Arbitrator (i) shall apply internal laws of the State of New
York consistent with the Federal Arbitration Act and applicable statutes of
limitations, or, to the extent (if any) that federal law prevails, shall apply
the law of the U.S., irrespective of any conflict of law principles; (ii) shall
entertain any motion to dismiss, motion to strike, motion for judgment on the
pleadings, motion for complete or partial summary judgment, motion for summary
adjudication, or any other dispositive motion consistent with New York or
federal rules of procedure, as applicable; (iii) shall honor claims of privilege
recognized at law; and (iv) shall have authority to award any form of legal or
equitable relief;

No Class Relief. The Arbitration can resolve only your and/or Discovery’s
individual claims, and the Arbitrator shall have no authority to entertain or
arbitrate any claims on a class or representative basis, or to consolidate or
join the claims of other persons or parties who may be similarly situated;

Written Award. The Arbitrator shall issue a written award supported by a
statement of decision setting forth the Arbitrator’s complete determination of
the dispute and the factual findings and legal conclusions relevant to it (an
“Award”). Judgment upon the Award may be entered by any court having
jurisdiction thereof or having jurisdiction over the relevant party or its
assets;

Arbitration Costs. In the event that you are able to demonstrate that the costs
of Arbitration will be prohibitive as compared to the costs of litigation,
Discovery will pay as much of your filing and hearing fees in connection with
the Arbitration as the Arbitrator deems necessary to prevent the arbitration
from being cost-prohibitive, regardless of the outcome of the Arbitration,
unless the Arbitrator determines that your claim(s) were frivolous or asserted
in bad faith;

Reasonable Attorney’s Fees. In the event you recover an Award greater than
Discovery’s last written settlement offer, the Arbitrator shall also have the
right to include in the Award Discovery’s reimbursement of your reasonable and
actual out-of-pocket attorneys’ fees associated with the Arbitration, but
Discovery shall in all events bear its own attorneys’ fees;

Interpretation and Enforcement of Arbitration Clause. With the exception of “No
Class Relief” above, if any part of this arbitration provision is deemed to be
invalid, unenforceable or illegal, or otherwise conflicts with the Applicable
Rules, then the balance of this arbitration provision shall remain in effect and
shall be construed in accordance with its terms as if the invalid,
unenforceable, illegal or conflicting provision were not contained herein. If,
however, “No Class Relief” is found to be invalid, unenforceable or illegal,
then the entirety of this arbitration provision shall be null and void, and
neither you nor Discovery shall be entitled to arbitrate their dispute, and must
instead bring any claims in a court of competent jurisdiction;

Modification of Arbitration Clause With NoticeDiscovery may modify these
arbitration provisions, but such modifications shall only become effective
thirty (30) days after Discovery has given notice of such modifications and only
on a prospective basis for claims arising from Discovery Transactions and
Relationships occurring after the effective date of such notification; and

Small Claims Matters are Excluded. No Class Relief or Joinder of
ClaimsNotwithstanding the foregoing arbitration provisions, at your option, you
may bring any claim you have against Discovery in your local small claims court
within the U.S., if your claim is within such court’s jurisdictional limit;
provided that such court does not have the authority to entertain any claims on
a class or representative basis, or to consolidate or join the claims of other
persons or parties who may be similarly situated in such proceeding.


CHOICE OF LAW

This Agreement has been made in and shall be construed in accordance with the
laws of the State of New York, without giving effect to any conflict of law
principles.

The parties acknowledge that this Agreement evidences a transaction involving
interstate commerce. Notwithstanding the provision in the preceding paragraph
with respect to applicable substantive law, any arbitration conducted pursuant
to the terms of this Agreement shall be governed by the Federal Arbitration Act
(9 U.S.C. §§ 1-16).


CHOICE OF FORUM

By using the Discovery Sites, you agree that the exclusive jurisdiction for any
dispute not subject to the arbitration provision discussed above shall be the
state and federal courts located in New York.


INDEMNITY

You agree to indemnify, defend and hold harmless Discovery Communications, LLC,
its affiliates, and their officers, directors, employees, agents, licensors and
suppliers, from and against any and all losses, expenses, damages and costs
(including reasonable attorneys’ fees) resulting from any violation of this
Visitor Agreement or any activity related to your account (including negligent
or wrongful conduct) by you or any other person accessing any Discovery Site
using your account.


SEVERABILITY

In the event that any portion of this Visitor Agreement is found to be invalid
or unenforceable for any reason, such invalidity or unenforceability shall not
affect the enforceability or validity of any other portion of this Visitor
Agreement, which shall remain in full force and effect and be construed as if
the invalid or unenforceable portion were not part of the Visitor Agreement.


USE OF HEALTH INFORMATION FROM DISCOVERYLIFE.COM

The information that appears on DiscoveryLife.com is presented in summary form
only and is intended to provide general consumer understanding of health care
topics. The information should not be used in place of a visit, call or
consultation with a physician or other health care provider. DiscoveryLife.com
does not recommend the self-management of health or medical problems, nor does
DiscoveryLife.com promote or recommend any particular form of medical or
alternative treatment. People using information accessed through
DiscoveryLife.com should also research original sources of authority, including
with your physician or other health care provider. Information obtained by using
DiscoveryLife.com is not exhaustive and does not cover all diseases, ailments,
physical conditions or their treatment. Should you have any health care-related
questions, please call or visit your physician or other health care provider.
You should never disregard medical advice – or delay in seeking it – because of
something you have read on DiscoveryLife.com. You should always seek prompt
medical care for any specific health issue and consult a physician before
starting a fitness regimen.


ASSOCIATED PRESS CONTENT

The Discovery Sites include certain content owned by the Associated Press.
Without limiting the generality of any of the foregoing provisions of this
Visitor Agreement, you specifically acknowledge and agree that (a) Associated
Press text, photo, graphic, audio and/or video material shall not be published,
broadcast, rewritten for broadcast or publication or redistributed directly or
indirectly in any medium; (b) no Associated Press materials nor any portion
thereof may be stored in a computer except for personal and non-commercial use;
(c) the Associated Press will not be held liable for any delays, inaccuracies,
errors or omissions therefrom or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing; (d) the
Associated Press is an intended third-party beneficiary of this Visitor
Agreement and may exercise all rights and remedies available to it; and (e) the
Associated Press reserves the right to audit possible unauthorized commercial
use of Associated Press materials or any portion thereof at any time.

By using the Discovery Sites, you agree to abide by the terms of this Visitor
Agreement. We hope you enjoy using the Discovery Sites, and we welcome
suggestions for improvements. Thanks for making the Discovery Sites part of your
discoveries online!

Last updated January 2022.


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