SUPPLEMENTAL TERMS OF SERVICE FOR SUBSCRIPTIONS AND THIRD-PARTY SERVICES
Last Modified: December 14, 2020
These supplemental terms of service for subscriptions and third-party services (“Supplemental Terms”) apply to subscription products and packages (collectively referred to as “Subscriptions”) offered by ~!comapyName!~ (“Company”, “us”, “we” or “our”), as well as certain benefits or services provided by third parties and offered through us (collectively, the “Third-Party Services”).
In addition to our other terms and policies, these Supplemental Terms constitute a legal agreement between you and us. These Supplemental Terms detail the terms of your use of Subscriptions and Third-Party Services, and are effective on the date you accept them by purchasing a Subscription, accepting a promotional trial of a Subscription, or by purchasing a package that includes Third-Party Services (the “Effective Date”). Please read these Supplemental Terms carefully.
We work with partners and affiliates whose websites are linked with ours and controlled by parties other than us (each a “Third-Party Site”). We are not responsible for and do not endorse the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes to those sites. We do not guarantee the content or quality of the products or services provided by Third-Party Sites. If you have purchased a package that includes a Third-Party Service, you acknowledge and agree that the third party may contact you by email, phone or SMS/text message in order for you to access or receive your benefits. In addition, you acknowledge and agree that you may be required to accept additional terms that are located on the Third-Party Site.
Discount Shopping Membership Program
If you have purchased a membership to the Discount Shopping Member Program or a package that includes membership to the Discount Shopping Membership Program, whether on a trial or promotional membership basis, the following provisions apply to you:
- Description of Membership. As a member, you will be given the right to access and use the Discount Shopping Membership Program website, located at ~!discount_link!~, which provides discounts and other benefits on various products and services offered by participating vendors.
- Activation. In order to access and use the Discount Shopping Membership Program website, and receive the Discount Shopping Membership Program benefits, you must create an account using an activation code that will be issued to you via email after your purchase. When you create an account with us, you will be required to select a unique username and password (collectively, your “Login Credentials”). You agree that:
- You can’t share your account or Login Credentials with anyone.
- You can’t sell, transfer or allow any other person to access your account or Login Credentials, or offer to do so.
- You must keep your Login Credentials secret.
- You must notify us immediately if you become aware of any breach of security, including any unauthorized account access or any loss, theft or unauthorized use or disclosure of your Login Credentials or payment info so we can take appropriate steps. You are responsible for all losses on your account where you have shared your Login Credentials or have failed to keep your account or Login Credentials secure.
- Membership Period. Memberships to the Discount Shopping Member Program will last for 90 days from the date of purchase, or such other period in effect at the time the order is placed. If your purchase includes a trial or other promotional membership with no initial charge, the promotional trial membership will commence on the date of your initial purchase and will continue for a period of thirty (30) days. Trial and promotional members may at any time choose not to continue to a paid membership by contacting us at any time prior to the end of the promotional trial period. Unless the promotional trial membership is successfully cancelled prior to the end of the promotional trial period, your membership will automatically renew for a period of 90 days following completion or expiration of the promotional trial membership.
- Prices and Payment.
- The price for a membership to the Discount Shopping Member Program will be the price in effect at the time the order is placed. If your purchase includes a trial or promotional membership with no initial charge, you agree that (i) we may authorize a charge of up to fifty-nine dollars and three cents ($59.03) to your method of payment to verify your payment source and (ii) AT THE COMPLETION OF THE TRIAL OR PROMOTIONAL MEMBERSHIP PERIOD, UNLESS YOU CHOOSE TO CANCEL BY CALLING ~!phone!~, YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED A MEMBERSHIP FEE OF $59.03 TO BEGIN YOUR MEMBERSHIP PERIOD.
- All prices, discounts, and promotions posted on this Site are subject to change without notice. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (if applicable). Any such taxes and charges will be added to your total, and will be shown in your cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Supplemental Terms. If there is a conflict between the terms for a promotion and these Supplemental Terms, the promotion terms will govern.
- If you purchase a membership that is charged in full on purchase, you will be charged in accordance with the payment and billing terms in effect at the time of your initial purchase. Your charge remains for the entirety of the membership period no matter if you access the services or Site during the membership period. In other words, EVEN IF YOU DO NOT USE THE MEMBERSHIP, YOU ARE RESPONSIBLE FOR MEMBERSHIP FEE.
- If your purchase includes a trial or promotional membership with no initial charge, you must pay the total price of the membership by the first day of the paid membership period, or cancel the trial or promotional membership prior to the expiration of the trial or promotional membership period. For more information about canceling your trial or promotional membership, see the Cancellation section below.
- Cancellation of Trial or Promotional Membership.
- If you’d like to cancel your Trial or Promotional Membership and do not want to continue to a paid membership, you may do so at any time prior to the expiration of the trial or promotional membership period. In order to successfully cancel, you may cancel by phone by calling us toll-free at ~!phone!~ during our normal business hours.
- During the trial or promotional membership period, one or more reminder emails may be sent to the email address of record for your account, reminding you about the expiration and upcoming charge for the paid membership. You may reply to this email notifying us of your decision to cancel. You may also click on the cancellation link contained in the email, in order to cancel your trial. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice (except as may be required by applicable law). You further acknowledge and agree that (i) your failure to read, (ii) your inability to receive, or (iii) the failure to send the email does not create any liability on the part of our Company, our affiliates or any third-party service provider.
- You acknowledge and agree that if a cancellation request is not received prior to the expiration of the trial or promotional membership period, the full original membership price will be charged to the original form of payment.
- YOU ACKNOWLEDGE AND AGREE THAT IF A CANCELLATION REQUEST IS NOT RECEIVED PRIOR TO THE EXPIRATION OF THE TRIAL OR PROMOTIONAL MEMBERSHIP PERIOD, THE FULL ORIGINAL MEMBERSHIP PRICE WILL BE CHARGED TO THE ORIGINAL FORM OF PAYMENT AND YOU AUTHORIZE US, OUR AFFILIATES OR THE THIRD PARTY PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE(S) AND TAXES (IF ANY) FOR THE APPLICABLE PAID MEMBERSHIP PERIOD.
Use of Service
- General Practices. You acknowledge that we may establish general practices and limits concerning use of Subscriptions or Third-Party Services. We are not liable for the deletion of or failure to store any content maintained or transmitted by any Subscription benefit. We may subcontract any obligations required under a Subscription without your consent.
- Responsibility for Misuse. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any party the benefits granted to you by or any content in your Subscription; or (ii) change, reproduce, reverse engineer, make derivative works based on or referring to, or in any way exploit any rights or licenses you may be granted with a Subscription, or content or source code in your Subscription. You are responsible for all expenses incurred or other actions that may occur through your use of a Subscription. You must alert us immediately of any fraudulent, unauthorized, illegal, or suspicious use of a Subscription or Subscription benefits, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
- Authority to Enter Agreement. If you are entering into these Supplemental Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity to these terms and understand that the terms “you” or “your” refer to that entity. If you do not have that authority or if you do not agree with these Supplemental Terms, you may not sign up for or use any Subscription or Third-Party Service. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Supplemental Terms and the order you placed, including all payment obligations. We are not liable for any loss or damage resulting from our reliance on any communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any communication, we may, but are not obliged to, require additional authentication from your company.
- Changes to Subscriptions.
- General Changes. We may discontinue the offering of a Subscription, including the functionality, content, or availability of any features of Subscriptions or Third-Party Services, at any time in our sole discretion. We may also impose limits on features and services or restrict your access to all or part of the Subscription. However, you have the right to cancel your membership should we materially decrease benefits.
If we add new features to a Subscription, including the addition of any Third-Party Services, the new features will be subject to these Supplemental Terms.
If you add a product or service to your subscription, we have the discretion to charge you a prorated portion of the costs to align your renewal date with your current subscription. We will provide you notice before doing so.
- Fee Adjustments. We may increase Subscription fees by notifying you of such changes at least 30 days before the beginning of a renewal term (if any). The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the first day of the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.
- Renewal Term Adjustments. We may increase the length of our subscriptions and renewal terms, such as from quarterly to annually) at our discretion by notifying you of the new renewal term at least 30 days before the beginning of a renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new renewal term moving forward (unless the renewal term is changed in the same manner for a subsequent renewal term).
- Discontinuation and Replacement of Subscriptions. Should we cease to offer your subscription, we may discontinue your subscription, continue to provide it to you, or provision a replacement (similar or comparable product) at the then-current price. Additional fees may be charged for such replacement subscription. We will notify you of new fees at least 30 days before they become effective.
Termination or Cancellation
- Termination by Us.
- We may terminate your use of all or part of the Subscriptions or Third-Party Services in our sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that Subscription or Third-Party Service.
- If you have not made any payment on your Subscription by the one-month anniversary of your payment due date, we may suspend your service and terminate that Subscription.
- Your right to use a Subscription is subject to any limits established by us or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, we may, in our sole and absolute discretion, suspend or terminate your access and account, which will terminate these Supplemental Terms and our obligations under them. If a charge made to your credit card is declined, we may make three or more additional attempts to bill that card over a thirty-day period.
- If your account was terminated for nonpayment and you wish to reactivate your account, it may be reactivated in our sole discretion, but only after we receive the full amount past due (if any). If an expired account is reactivated, the new term begins on the reactivation date.
- Services After Termination. After your Subscription is terminated or your Membership Term has ended, you will not be able to access the corresponding Subscription offerings.
- Dispute Resolution. The parties shall arbitrate all disputes and claims pursuant to the Dispute Resolution by Binding Arbitration section of the Terms of Service.