1. Continuous Subscription Terms and Right To Cancel
All subscriptions are CONTINUOUS, which means your subscription will continue and you will be billed until you cancel the subscription. By providing your payment method information and clicking the AGREE & CONTINUE or similar button as your electronic signature, you accept a CONTINUOUS SUBSCRIPTION, which means your initial subscription will automatically renew until canceled. You have the right to cancel service at any time by calling the appropriate number, sending an email to the appropriate email address, or clicking the cancel option on your account online. See Section 2 below for these cancellation methods. We also accept written correspondence sent by U.S. mail to Customer Service – San Diego Union-Tribune, P.O. Box 120191, San Diego, CA 92112. Cancellation takes effect at the end of the then current subscription/billing period and you will not be eligible for a pro-rata refund regardless of whether you cancel during an introductory rate period or a subsequent subscription period. On occasion, we may offer an introductory subscription that provides for a pro-rata refund if the subscription is cancelled during the introductory period. The terms of any such offer are unique, apply only to subscribers who accept those offers and do not alter terms of other offers or these general Terms and Conditions.
Your introductory rate, if one applies to your subscription, is valid for the period of time specified in the Order Page. That introductory rate amount will be the initial charge made to your payment method. After the end of your introductory offer period, your payment method will be automatically charged the applicable subscription rate based on the terms specified on the Order Page until you notify us to cancel (e.g., your subscription will automatically renew at $ 4 per week (or the current rate applicable to your subscription, which may be higher). Please see Section 7 (Other Terms) below.
All Print subscriptions and Print Delivery + Unlimited Digital Access subscriptions include premium issues each calendar year. Your account will be charged an additional fee in the billing period when the premium issue publishes. This will result in shortening the length of your billing period. You can opt out of premium issues by contacting customer service as provided in Section 9 (Contact Us) belowܫ. For premium issue dates and pricing, please refer to the Order Page.
2. Automatic Payment Authorization; Digital Subscriptions, Print Subscriptions, Print Delivery + Unlimited Digital Access and Other Properties
By providing your payment method information and clicking the AGREE & CONTINUE or similar button as your electronic signature, you authorize us to initiate charges/debits to your payment method automatically to pay each of your periodic payment amounts when due. Pricing (including initial prices if applicable) and your billing periods are set forth on the Order Page. Future prices may be higher. We reserve the right to increase rates at any time. You will be notified in advance of any change in rates. Charges will be made to your payment method as of the due date of each payment or the next business day and in the amount of the payment due. This automatic payment authorization will remain in effect until it is cancelled by you or us. You may cancel this automatic payment authorization at any time by calling us at the appropriate number or sending an email to the appropriate email address, as provided in Section 9 (Contact Us) below, and your cancellation will take effect after we have had a reasonable opportunity to act on it. We may cancel automatic payments at any time if any payment is returned by your financial institution unpaid. If you or we cancel this automatic payment authorization without you cancelling your subscription, you will still be required to make your payments by check or other means.🌸 A cancellation of your automatic payments does not result in a cancellation of your continuous subscription.
- You may cancel your subscription by clicking the cancel option on your account online at www.62pear.com/cancel, emailing customer. or reaching us by phone at 1-619-299-4141.
3. Electronic Communications Disclosure Statement and ConsentBy providing your payment method information and clicking the AGREE & CONTINUE or similar button as your electronic signature, you confirm that you have read the disclosures below and you agree to receive billing statements and other notices, disclosures, documents and all other communications (collectively, “communications”) from us in electronic form.
- To receive communications electronically, you will need a device and operating system software that will support:
- A connection to the Internet and an e-mail account,
- An Internet browser that we support, including: Internet Explorer 11, Chrome, Firefox and Safari (all versions are supported), and
- A software program that accurately reads and displays PDF files, such as Adobe Acrobat reader. (All versions of Adobe Acrobat reader are supported but be advised that, if you are not using the latest version, you will be asked to update accordingly.)
- To retain and/or print communications sent to you electronically, your device will need to be able to save and store communications and/or you will need a functioning printer connected to your device.
- You may withdraw your consent to receiving communications electronically by contacting us at the appropriate email or phone number provided in Section 9 (Contact Us) below.
- You may request a paper copy of a communication that was sent electronically at no charge by contacting us as provided in Section 9 (Contact Us) below.
- You agree to notify us immediately of any change in the e-mail address you have provided by contacting us as provided in Section 9 (Contact Us) below.
4. Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.You and The San Diego Union-Tribune agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.By agreeing to these Terms, you agree to resolve any and all disputes with The San Diego Union-Tribune as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach our support department at the email addresses provided in the Contact Us🍬 section below. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration:𓄧 If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach) and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS in accordance with the for claims that do not exceed $250,000 and the for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to San Diego Union-Tribune at P.O. Box 120191, San Diego, CA 92112 ATTN.: LEGAL DEPARTMENT.To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, The San Diego Union-Tribune will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, The San Diego Union-Tribune will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.To the maximum extent allowable by law, arbitration shall be initiated in San Diego County in the State of California, United States of America, and you and The San Diego Union-Tribune agree to submit to the personal jurisdiction of any federal or state court in San Diego County, California to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If arbitration may not be initiated in San Diego County based on a law, regulation or rule, then arbitration may take place in the county where you reside at the time of filing.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE SAN DIEGO UNION-TRIBUNE AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING.✃ If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
Exception – Litigation of Intellectual Property and Small Claims Court Claims:💖 Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to 🏅 with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the site that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, The San Diego Union-Tribune also will not be bound by them.
Survival:🐼 This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your account.
By providing your payment method information and clicking the AGREE & CONTINUE or similar button as your electronic signature, you confirm that you have read and agree to //www.62pear.com/terms-of-service and //www.62pear.com/privacy-policy.
6. Eligibility for OfferA. Print Delivery + Unlimited Digital Access–This offer is available to new subscribers and households that have not subscribed to the paper in the past 30 days (previous account must be in good standing) and can’t be used in conjunction with any other offer. Home delivery offer available in our home delivery area and limited to one offer per household.B. Digital Subscription–This offer is valid for new digital subscriptions only, is nontransferable and limited to one per household.
7. Other TermsThe payment amounts and timing were described in the offer that you accepted. Please refer to the authorization terms you were directed to print or save to your computer when you accepted the offer for more details.
Transportation costs may apply to home delivery, which may vary by location and are subject to change. Call the appropriate telephone number provided below in Section 9 (Contact Us)♔ to determine if you have the option to pick up the newspaper and avoid these charges.Future prices may be higher. We reserve the right to increase rates at any time. You will be notified in advance of any change in rates. In addition to premium issues described above, pay through dates will be affected by different factors, including but not limited to, changes in delivery, service adjustments and interruptions in service.Print Holidays – Independence Day and Labor Day are print holidays (if the date is a Monday). Print holidays do not change your subscription rate and you will still be charged your full subscription rate for the month(s) that include print holiday(s).
Service Modifications – we reserve the right to modify the content, frequency and availability of any subscription, including home delivery of Print subscriptions and Print Delivery + Unlimited Digital Access subscriptions. You will be notified in advance of any material change in frequency or availability. For details about your subscription, including payment methods and billing periods, please contact customer service as provided in Section 9 (Contact Us) below.Billing Disputes – all disputes must be received by phone or electronic communication within 120 days of the statement date. Disputes received after this timeframe will not be eligible for review.
Limited Refund Policy – if your subscription is terminated and you have a credit balance of more than $1.00 with us, a refund will either be credited to the credit or debit card on file if the card account is open or a check will be mailed to the postal address we have on record approximately sixty (60) days following termination. However, while you have the right to cancel any subscription at any time, we do not provide any pro-rated refunds unless otherwise specified in the promotional subscription offer you accepted.We reserve the right to change these Subscriber Terms and Conditions (Terms) at any time in our discretion and to notify you of any such changes by changing the Revision Date of these Terms. The most current version of these Terms will supersede all previous versions. Your continued subscription after the posting of any amended Terms shall constitute your agreement to be bound by any such changes.
8. Service Issues
To report any service issues, please call the appropriate number provided in the Contact Us section below.
9. Contact UsTo contact us, please use the following:
|Property||CS Phone||Manage Account On-line|
|San Diego Union-Tribune||1-619-299-4141||customer.||www.62pear.com/manage|
Revision Date: August 31, 2022