As used below, the words “you” and “your” mean the subscriber; the words “The Malibu Times,” “we,” “us” and “our” mean The Malibu Times, its affiliated newspapers, digital communications and all other properties, its affiliates, subsidiaries, successors and assigns; the word “device” means the personal computer, tablet, smartphone or other electronic device you are using to view this page; and “payment method” means the credit card, debit card, bank account or the Apple Pay default card information you provide to us from time to time in connection with a subscription. Please print or save to your device a copy of this page.
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 – P.O. Box 6068, Atascadero, CA 93423. 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.
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 $2.50 per week, or the current rate applicable to your subscription, which may be higher). Please see Section 7 (Other Terms) below.
2. Automatic Payment Authorization; Digital Subscriptions, Print Subscriptions, Print Delivery + Unlimited Digital Access and Other Properties
By providing your payment method information and checking “I agree to the terms and conditions” 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 e-mail 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, emailing office@malibutimes.com or reaching us by phone at 1-310-456-8016.
3. Electronic Communications Disclosure Statement and Consent
By providing your payment method information and checking “I agree to the terms and conditions” 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 Malibu Times 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 Malibu Times 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.
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 LOS ANGELES TIMES 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.
Survival: This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your account.
5. Terms of Service and Privacy Policy
By providing your payment method information and checking “I agree to the terms and conditions” or similar button as your electronic signature, you confirm that you have read and agree to https://malibutimes.com/termsandconditions.
6. Eligibility for Offer
A. 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 Terms
The 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.
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 Us
To contact us, please use the following:
Phone: 1-310-456-8016
Email: office@malibutimes.com
Mail: PO Box 6068, Atascadero, CA 93423