Subscription Agreement

Transcription

Subscription Agreement
SUBSCRIPTION AGREEMENT
Print offers are valid for new home delivery subscribers only within the zip codes described in the
Groupon offer. Rates outside these areas, or for mail delivery, may be higher.
All subscriptions are payable in advance.
The Dallas Morning News will suspend home delivery of the newspaper at subscriber request;
access to digital products will be available during days of suspended delivery. Subscription charges
remain in effect during delivery suspension; subscriber is not entitled to account credit for days of
suspended delivery. You are solely responsible for any and all fees charged to your credit or debit
card by the issuer, bank or financial institution including, but not limited to, membership, overdraft,
and insufficient funds and over the credit limit fees.
In the event of a default or breach of this Subscription Agreement by you (including, but not limited
to, you failing to pay any amounts owed), The Dallas Morning News shall have the right to suspend
or terminate your subscription by providing you with oral or written notice of such suspension or
termination.
If we discover a typographical or other error in a rate that we or a party acting upon our request has
offered, we are not under any obligation to offer you the product or service at that price. In any such
event, we will notify you of the error any provide the opportunity for you to cancel your order and
obtain a refund, less the value of any premium or gift card you may have received, if payment has
already been made.
We reserve the right to make changes to our products and services at any time. Any changes we
make will not entitle you to a refund or credit.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS SUBSCRIPTION AGREEMENT, THE
DALLAS MORNING NEWS DOES NOT MAKE, ANY EXPLICITLY DISCLAIMS, ALL
EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ITS PRODUCTS AND
SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR
PURPOSE
You agree and acknowledge that The Dallas Morning News’ (and its affiliates and subsidiaries)
entire and collective liability arising out of or relating to this Subscription Agreement and the goods
and services hereunder, regardless of the form of action, whether in contract, tort, statute or
otherwise, shall not exceed the dollar amount received by The Dallas Morning News from you
pursuant to this Subscription Agreement. YOU FURTHER AGREE THAT THE DALLAS
MORNING NEWS AND ITS AFFILIATES AND SUBSIDIARIES WILL NOT BE LIABLE TO
YOU OR YOUR AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, LOST PROFITS, GOODWILL, USE,
LOSS OF BUSINESS OR ANTICIPATORY PROFITS. THIS LIMITATION OF LIABILITY
SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.
1 This Subscription Agreement shall be construed, enforced, and governed by the internal laws of the
State of Texas (without regard to its choice of law principles). You understand that you may not
assign this Subscription Agreement or your rights and obligations to another person without the prior
written consent of The Dallas Morning News. If any part of this Subscription Agreement is found to
be invalid or unenforceable, the remainder of this Subscription Agreement will remain in full force
and effect. These terms and conditions are incorporated into this Subscription Agreement and made
a part hereof. This Subscription Agreement supersedes and preempts any prior understandings,
agreements or representations between the parties (and any representatives or agents of the parties),
written or oral, which may have been related to the subject matter hereof in any way.
Sunday Only home delivery subscriptions includes the following holiday occasions in 2014, if they
occur during the 13 week subscription period:
New Year’s Day, Valentine’s Day, Good Friday, Mother’s Day, Father’s Day, Independence Day,
Tax Free Weekend, Labor Day, Thanksgiving Day, Black Friday, and Christmas Day.
2