October 1, 2024
NATIONAL GEOGRAPHIC PARTNERS SUBSCRIBER AGREEMENT
National Geographic Partners, LLC (collectively, “National Geographic”, “we”, “us” “our”) welcome you to the National Geographic Magazine subscription services, which includes your digital and/or print subscription(s) to our National Geographic branded magazines and the National Geographic website, our online application (“App”), National Geographic Content (as defined herein) and related services (collectively, the “National Geographic Subscription Services”).

PLEASE READ THIS SUBSCRIBER AGREEMENT (“SUBSCRIBER AGREEMENT”, OR “AGREEMENT”) CAREFULLY. THIS AGREEMENT WILL GOVERN YOUR USE OF THE NATIONAL GEOGRAPHIC SUBSCRIPTION SERVICES.

You agree to the Subscriber Agreement by clicking “Agree & Subscribe” or any other industry standard mechanism during the National Geographic order and registration process, and you ratify your agreement when you use any aspect of the National Geographic Subscription Services. If you do not agree to the Subscriber Agreement, you may not use the National Geographic Subscription Services. We may periodically amend any portion of this Agreement, the National Geographic Subscription Services and the terms and conditions of your subscription, including the subscription fees. Any such amendment will be effective thirty (30) days following our dispatch of notice to you by email or by post to the email or street address you have registered for your account. The notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. By continuing your National Geographic Subscription Services after the date on which the change will come into effect, you will be acknowledging your agreement and acceptance of any such amendment to the Subscriber Agreement. If you do not agree to any change to the Subscriber Agreement, you must cancel your National Geographic Subscription Services in accordance with the Cancellation and Refund Policy set forth in the below Section 2i prior to the date on which the change will come into effect. You additionally have the ongoing right to cancel your subscription at any time in accordance with the Cancellation and Refund Policy set forth in the below Section 2i. . Our customer service representatives are not authorized to modify any provision of this Subscriber Agreement, either verbally or in writing.

SECTION 7 BELOW SETS OUT IMPORTANT INFORMATION ABOUT HOW ANY DISPUTE BETWEEN YOU AND US, (EXCEPT FOR SMALL CLAIMS AND CERTAIN OTHER DISPUTES), MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

List of Sections:
  1. User Eligibility and Registration
  2. Subscription Terms
  3. Copyright License Grant and Restrictions
  4. Usage Terms
  5. Suspension and Termination
  6. National Geographic Subscriptions Contact Information
  7. Dispute Resolutions
  8. Additional Provisions
  1. USER ELIGIBILITY AND REGISTRATION
    2.
    1. Eligibility. You must be at least 18 years old or the age of majority in your state or territory of residence, to purchase the National Geographic Subscription Services. Individuals under the age of 16 are not eligible for a National Geographic account and are not permitted to provide personal information to National Geographic.
    2. Registration. You must provide accurate, current and complete information during the registration process and keep your account information up-to-date. In particular, you are responsible for notifying us of a change in mailing address to receive delivery of your print subscription. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your National Geographic account. However, if you allow others to access your account, this Agreement, as well as any specific consents you may have provided also applies to their access, use, and disclosure of information. You agree to immediately notify National Geographic of any unauthorized access to your account. Except to the extent caused by or on behalf of National Geographic, National Geographic will not be responsible for any losses arising from the unauthorized use of your account.
    3. Electronic Form/Communications. By registering for an account and/or accessing the National Geographic Subscription Services, in regards to the format in which we send you documents and communications, you consent to having this Agreement provided to you in electronic form and to receiving communications from us in electronic form. We may communicate with you by postal mail, e-mail or by posting notices on the National Geographic website. To the extent that any applicable laws require that agreements, notices, disclosures, renewal notices, notices about your subscription or account and/or any other communications that we send to you (collectively “Agreements and Communications”) must be in writing, you agree that, to the full extent allowed by the applicable laws, all Agreements and Communications, that we provide to you electronically satisfy any legal requirements that such Agreements and Communications be in writing.

  2. SUBSCRIPTION TERMS:
    3.
    1. Subscription and Auto-Renewal. Your subscription to National Geographic Subscription Services may include enrollment into an ongoing/recurring payment plan. Where applicable, your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation in the Cancellation and Refund Policy provision in Section 2i below. Payment will be charged to your chosen payment method at confirmation of purchase (or following any free trial period, if applicable) and at the start of every new billing period, unless cancelled.
    2. Price Changes. We reserve the right to change our pricing for each new subscription term. In the event of a price change, at least thirty (30) days in advance of the price change, we will send you a notice by email or by post to the email or street address you have registered for your account. If you do not wish to accept a price change for a new subscription term, you may cancel your subscription in accordance with the instructions included in that notice or as specified in the Cancellation and Refund Policy provision in Section 2i below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription term (i.e., your next billing date), your subscription will be renewed at the price in effect at that time at your renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes, however the total amount payable by you, including any applicable taxes, will be displayed on your invoice for payment.
    3. Free Trials. Your National Geographic Subscription Services subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation in the Cancellation and Refund Policy provision in Section 2i below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription term has begun.
    4. Promotional Offers. Promotional offers may be modified or terminated at any time and are only available on the specified terms of the promotion. Introductory offers are for new subscribers only. Annual subscriptions with promotional pricing will be renewed at the applicable subscription rate in effect on your renewal date. At least thirty (30) days in advance of your renewal date, we will send you a notice of the applicable subscription rate by email or by post to the email or street address you have registered for your account. If you do not wish to renew, you may cancel your subscription in accordance with the instructions included in that notice or in accordance with the instructions for cancellation in the Cancellation and Refund Policy provision in Section 2i below. If you do not cancel your subscription prior to your renewal date (i.e., your next billing date), your subscription will be renewed at the then-applicable rate, without any additional action by you, and you authorize us to charge your chosen payment method for these amounts. We will not be able to notify you of any changes in applicable taxes, however the total amount payable by you, including any applicable taxes, will be displayed on your invoice for payment.
    5. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date on file. You are responsible for keeping your payment details up to date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date, and CVV (or equivalent). This enables us to continue to provide subscription continuity. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription.
    6. Subscription Obtained Through Third Parties. If you obtain National Geographic Subscription Services via a third party (e.g., an app store, Amazon, magazines.com, or other authorized agents), that subscription is also subject to the third party’s terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable third party’s terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your National Geographic Subscription Services will be billed by the applicable third party using the payment information you have provided to such third party. To cancel National Geographic Subscription Services obtained via a third party, please follow the cancellation instructions set out by the applicable third party or you can visit our Help Center for instructions on how to cancel National Geographic Subscription Services obtained via a third party.
    7. Bundled Subscription Options. We may offer a National Geographic Magazine subscription bundled with other subscription services, including to affiliate or third party products and services. Notice of the terms of the bundled subscription options will be provided to you at the time of purchase. Third party subscriptions, products, and services are governed by terms of use issued by those third parties.
    8. Amount and Frequency of Content.
      1. Subscriptions for Print Editions (Including Those with Digital Access). Please allow 8 to 12 weeks for delivery of the first print edition issue of your subscription. The number and frequency of print edition issues that will be made available to you in connection with your subscription (the “Print Issue Frequency”) will be disclosed to you prior to your registration for the applicable subscription. However, we reserve the right to change the Print Issue Frequency at any time. In the event of a change in Print Issue Frequency impacting your subscription, at least thirty (30) days in advance of the Print Issue Frequency change we will send you a notice by email or by post to the email or street address you have registered for your account. If you do not wish to accept a change in Print Issue Frequency, you may cancel your subscription in accordance with the instructions included in the notice of such change or as specified in the Cancellation and Refund Policy provision in Section 2i below. If you do not cancel your subscription after the change in Print Issue Frequency takes effect and prior to the start of your new subscription term (i.e., your next billing date), your subscription will be renewed at the Print Issue Frequency in effect at the time of your renewal, without any additional action by you, and you authorize us to charge your payment method as set forth in the above Section 2(b). Please contact a customer service representative to report missing or damaged issues. If the post office alerts us that a print issue is not deliverable to you, we will send notice of this alert (“Undeliverable Physical Address Notice”) to the email address registered for your account and we will have no further obligation to you unless we receive a corrected address from you within 2 years beginning from the date of the Undeliverable Physical Address Notice that we send to your registered email address.
      2. Subscriptions Involving Digital Access (Including for the Digital ONLY Edition). Some or all of the digital content made available to you in connection with your subscription may be based on content from print issues. The number and frequency of feature digital articles based on content from print issues (the “Amount of Digital Content from Print Sources”) is subject to change at any time in connection with changes in Print Issue Frequency. In the event of a change in the Amount of Digital Content from Print Sources impacting a subscription to the National Geographic Magazine Digital ONLY Edition, at least thirty (30) days in advance of the change, we will send you a notice by email or by post to the email or street address you have registered for your account. If you do not wish to accept a change in the Amount of Digital Content from Print Sources, you may cancel your subscription in accordance with the instructions included in the notice of such change or as specified in the Cancellation and Refund Policy provision in Section 2i below. If you do not cancel your subscription after the change in the Amount of Digital Content from Print Sources takes effect and prior to the start of your new subscription term (i.e., your next billing date), your subscription will be renewed with the Amount of Digital Content from Print Sources in effect at the time of your renewal, without any additional action by you, and you authorize us to charge your payment method as set forth in the above Section 2(b).
    9. Cancellation and Refund Policy. You may cancel your National Geographic Subscription Services by calling 1-800-129-586, sending an email to natgeomagazine@cdsfulfillment.com or online at www.ngmservice.com at any time during your subscription or free trial. If you cancel an annual subscription, you will lose access to your digital subscription (if applicable) immediately, we will not send the remaining issues in your print subscription (if applicable) other than any issues that have already been processed for shipping prior to the time you cancel, and you will receive a pro-rated refund for the time remaining in your digital subscription and/or the portion of your print subscription that has not yet been processed for shipping. If your credit card account cannot be credited, we will refund you directly instead. If you cancel a monthly subscription, you will lose access to your digital subscription after the end of the then-current billing period, and you will not receive any more print issues that have not yet been processed for shipping at the time of cancellation. Unless required by law, we do not refund or credit for partially used billing periods in a monthly subscription. If you subscribed via a third party (e.g. an app store, Amazon, magazines.com, or other authorized agent), please follow the cancellation instructions set out by the applicable third party or visit our Help Center for instructions on how to cancel.
    10. Personal Use. All subscription orders, which are discounted from the newsstand price, are for personal use only. Subscription orders for resale or other commercial purpose are prohibited without prior written approval.

  3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS:
    4.
    1. License. Subject to the terms of this Subscriber Agreement, National Geographic grants you a limited, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to make non-commercial, personal use of the National Geographic Subscription Services. This is a license agreement and not an agreement for sale or assignment of any rights or ownership interest in the National Geographic Subscription Services or the National Geographic content, which includes all information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trademarks, service marks, trade names, trade dress, logos, designs, and any other intellectual property, materials or content of National Geographic and NG Affiliates and their licensors and assignors (collectively, "National Geographic Content”). National Geographic Content is owned by National Geographic, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
    2. License Restrictions. You agree as a condition of your license you will not (and will not permit another to) do any of the following without our express written permission:
      1. modify National Geographic Content by removing identification, copyright, or other proprietary notices from National Geographic Content;
      2. copy the National Geographic Content, except as expressly permitted by this Agreement or applicable law;
      3. access or use National Geographic Content in a manner that suggests an association with our products, services, or brands;
      4. use National Geographic Content for any commercial or business-related use or in any commercial establishment or area open to the public or build a business utilizing the National Geographic Content, whether or not for profit;
      5. create derivative works of any National Geographic Content, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by application law;
      6. access, monitor, copy, extract or permit another person or entity to access, monitor, copy or extract any element of the National Geographic website, App, or National Geographic Content using a robot, spider, script, or other automated means including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool (i.e., artificial intelligence or machine learning tool, model, system, algorithm, product or other technology), data mining or web scraping or otherwise compiling, building, creating or contributing to any collection of data, data set or database (other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by us, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags);
      7. circumvent or disable any content protection system or digital rights management technology used in connection with the National Geographic website or App to control access to the National Geographic Content;
      8. rebroadcast, transmit or perform the National Geographic Content available via the National Geographic website or App;
      9. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the National Geographic website or App;
      10. damage, disable, overburden or impair the National Geographic website or App;
      11. xi. use National Geographic Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement; or
      12. share your login credentials with third parties.
    3. Violations. Any attempt to perform any of the restrictions listed in Section 3(b) is a violation to the rights of National Geographic, and the copyright holder, if different.

  4. USE AND SHARING OF CERTAIN INFORMATION:
    5.
    1. For more information about our collection, use, and sharing of your information please refer to our PRIVACY POLICY, which is incorporated herein by reference.
    2. National Geographic reserves the right to, and you agree National Geographic may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of the law.

  5. SUSPENSION AND TERMINATION:
    6.
    You agree that National Geographic may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the National Geographic Subscription Services and to any National Geographic Content, if we reasonably believe you are using or have used the National Geographic Subscription Services in violation of this Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your National Geographic account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your account has been created fraudulently, your account has been accessed fraudulently, or anyone uses your account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. National Geographic also reserves the right, after sending notice to you of at least 30 days which may be communicated electronically, to terminate any National Geographic account that remains inactive for one year (for Digital only subscriptions, failure to log into your National Geographic account will constitute inactivity for purpose of this Agreement).

    To the fullest extent permitted by law, you agree that National Geographic will not be liable to you or any third party for any such restriction, suspension, or termination of your access to National Geographic account or National Geographic Content.

    In the event that we exercise a right to unilaterally modify this Agreement, or change the availability or nature of the National Geographic Subscription Services or your subscription, and you can establish that: (a) such change materially and persistently impacts your ability to use or access the National Geographic Subscription Services as they are intended to be used under this Agreement; and (b) you are not in breach of any of the terms of this Agreement, then you may, within 30 days of the change being made, terminate your subscription and we will provide you with a pro-rata refund of the unused portion of your then-current subscription term. UPON TERMINATION OF YOUR NATIONAL GEOGRAPHIC ACCOUNT, WHETHER TERMINATED BY NATIONAL GEOGRAPHIC, OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR MONTHLY SUBSCRIPTION WILL CONTINUE TO THE END OF THE THEN-CURRENT SUBSCRIPTION TERM (I.E., THE END OF THE CURRENT BILLING PERIODOR IN THE CASE OF AN ANNUAL SUBSCRIPTION, YOUR SUBSCRIPTION WILL END IMMEDIATELY), YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS DIGITAL CONTENT.

  6. NATIONAL GEOGRAPHIC SUBSCRIPTIONS (PRINT/DIGITAL) CONTACT INFORMATION:
    7.
    Mail to: National Geographic Magazine, PO Box 37551, Boone, IA 50037-0551
    Phone: 1-800-647-5463
    Online Customer Service: www.ngmservice.com
    Outside the U.S. & Canada? Click here for contact information.

  7. BINDING ARBITRATION AND DISPUTE RESOLUTION
    8.
    PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE OR LITIGATE ALL DISPUTES BETWEEN YOU AND NATIONAL GEOGRAPHIC THROUGH BINDING ARBITRATION EXCEPT AS SET OUT BELOW.

    You and National Geographic agree to resolve, by binding individual arbitration as provided below, all Disputes (including any related disputes involving The Walt Disney Company, its subsidiaries, or its affiliates) that are not resolved informally, except for: (a) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply; and (b) any dispute relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and National Geographic concerning the National Geographic Subscription Services or this Agreement.

    Nothing in this section 7 will prevent us from instituting proceedings to seek urgent injunctive or interlocutory relief [in respect of a Dispute or ]in connection with a Dispute relating to the enforcement of NGP’s intellectual property rights

    1. Small Claims Court. Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, within 30 days of the arbitration demand being submitted, inform the arbitral forum that it chooses to have the Dispute heard in small claims court provided that the Dispute is eligible to be heard before a small claims court in the relevant jurisdiction. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.

    2. Informal Dispute Resolution. In the event of a Dispute, you and National Geographic agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes eligible to be resolved in small claims court or relating to the ownership or enforcement of intellectual property rights, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party's individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a Dispute to National Geographic, 1145 17th Street, NW, Washington, D.C. 20036, USA, Attention: Legal or to [disputes@natgeo.com]. We will send any notice of a Dispute to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your National Geographic account. You and National Geographic will attempt to resolve a Dispute through informal negotiation within sixty (60) days from the date the notice of a Dispute is sent. This informal negotiation requires an individual meet–and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and National Geographic (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference. National Geographic will participate in the Conference through one or more representatives, which may include our counsel. After the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim subject to the ability of a party to elect to have the matter heard before a small claims court under section 7 a. above or exercise the arbitration opt-out option under section 7.g. below. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party's claims before, during, or after any Conference or filing in small claims court. To the fullest extent permitted under applicable law, each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
    3. Arbitration Process and Rules. If you and National Geographic do not resolve a Dispute by informal negotiation or in small claims court, and such Dispute does not relate to the ownership or enforcement of intellectual property rights, subject to the ability of a party to elect to have the matter heard before a small claims court under section 7 a. above or exercise the arbitration opt-out option under section 7.g. below, the Dispute shall be resolved by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online will take place in either Washington, D.C. or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in Washington, D.C. or the borough of Manhattan would create an undue burden to you, and/or if holding such arbitration in Washington, DC or the borough of Manhattan, New York , may hold an in-person hearing in your hometown area. You and National Geographic agree to submit to the exclusive jurisdiction of the federal or state courts located in either Washington, D.C. or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.
    4. Fees. If we initiate an arbitration against you, we will pay all legal fees associated with initiating the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/NAM permits any person to request information as to fees for its services at https://www.namadr.com/info-request-form/?request_type=Standard_Fees_and_Costs. If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule.
    5. Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.
    6. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with National Geographic, including any revocation of consent or other action by you to end your engagement with or use of any National Geographic Subscription Services or any communication with us.
    7. g.

    If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.

  8. ADDITIONAL PROVISIONS:
    9.
    1. Information and Entertainment Purposes Only. You understand and agree that the National Geographic Content you receive through your subscription service is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes.
    2. Content Subjectivity. National Geographic Content tends to elicit varying reactions among different people. You may come across National Geographic Content that you find offensive, indecent, explicit or objectionable. You acknowledge these risks and your responsibility for making your own choices regarding what National Geographic Content is appropriate for your family.
    3. Promotional and Experimental Features. In our continued assessment of the National Geographic Subscription Services, we may from time to time, with respect to any or all of our subscribers, experiment or otherwise offer certain features or other elements, including promotional features, user interfaces, plans and pricing. Your use of any features, updates, modifications to, or replacement versions of the National Geographic Subscription Services shall be governed by this Subscriber Agreement and any additional terms you agree to when you install, purchase or use such feature, update, modification, or replacement version.
    4. Third-Party Services and Content. The National Geographic Subscription Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If you access the App using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this Agreement. However, these third-party beneficiaries are not a party to this Agreement. You agree that your access to the App using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
    5. App and Mobile Networks. By downloading, installing, starting or using the App, you agree to receive automatic updates. When you access the App through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the App may be prohibited or restricted by your network provider and the App may not work with your network provider or device.
    6. Internet Access. You must have internet access to use the National Geographic website and App. You are responsible for all third-party Internet access charges and taxes in connection with your use of the National Geographic website or App. Please check with your Internet provider for information on possible Internet data usage charges.
    7. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation, or consideration of any type. National Geographic does not claim ownership over any ideas, suggestions, or other materials submitted, however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license and your express consent under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

    8. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. You acknowledge and agree to the essential condition that the National Geographic Subscription Services are provided "as is" and without warranties of any kind, other than the warranties and guarantees required by law, including Schedule 2 to the Competition & Consumer Act 2010 (Cth) ("Australian Consumer Law"), and New Zealand’s Consumer Guarantees Act 1993 (“New Zealand CGA”) (to the extent such warranties and guarantees cannot be excluded). To the fullest extent permitted by law, National Geographic, its affiliates, licensors, agents, and service providers (collectively, the "National Geographic Parties") each expressly disclaims any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. To the fullest extent permitted by law, you also acknowledge and agree that the National Geographic Parties do not warrant that the National Geographic Subscription Services will be without errors, and in the case of digital content, viruses or other harmful components. The National Geographic Parties do not warrant or otherwise state that the National Geographic Subscription Services will meet your requirements. To the full extent permitted by law, you and not the National Geographic Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of digital versions of National Geographic Content and the National Geographic Subscription Services. Some provinces, territories and other jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

      To the extent not prohibited by applicable law, in no event shall the National Geographic Parties be liable for any personal injury, or any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the National Geographic Content or the National Geographic Subscription Services, however caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. To the full extent permitted by law, in no event shall either party’s total liability to the other for all damages, losses and causes of action exceed One Thousand US Dollars (US$1,000). The foregoing cap on liability shall not apply to: (i) your liability for breaches of section 1 (User Eligibility and Registration), section 2j (Personal Use), section 3 (Copyright License Grant and Restrictions), or section 8g (Submissions and Unsolicited Ideas Policies); (ii) to an obligation to pay applicable fees under this Agreement. The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) even if the National Geographic Parties have been advised of the possibility of such damages. Because some provinces, territories and other jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

      For the avoidance of doubt, nothing in this Subscriber Agreement is intended to exclude, restrict or modify any right or remedy you may have in statute under the Australian Consumer Law, New Zealand CGA, New Zealand Fair Trading Act 1986 or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion or limitation in this Subscriber Agreement applies as provided for in these conditions to the full extent permitted by law and subject to any non-excludable right or remedy.

    9. Choice of Forum. Unless applicable local laws require that local courts have jurisdiction, you agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration or commenced in small claims court where you reside shall be filed, and that venue properly lies only in the state or federal courts located in Manhattan, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
    10. Choice of Law. The Parties agree that, to the fullest extent permitted by law, this Agreement is governed by and construed in accordance with the laws of New York and the laws of the United States, without giving effect to any conflict of law principles.
    11. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
    12. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
    13. Entire Agreement. This Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and National Geographic pertaining to the subject matter hereof and to the fullest extent permitted by law supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.