GIFT SUBSCRIPTION TERMS AND CONDITIONS

LOS ANGELES TIMES GIFT SUBSCRIPTION TERMS AND CONDITIONS

The Terms set forth below apply to Subscription Gift Cards (“Subscription Gift Cards”) and gift subscriptions issued by Los Angeles Times. By purchasing or using a Subscription Gift Card, you accept and agree to these Terms.

As used herein, the words “you” and “your” mean the purchaser and/or recipient of a Subscription Gift Card, as applicable; the words “Los Angeles Times,” “we,” “us” and “our” mean Los Angeles Times Communications LLC, its affiliated newspapers, digital communications and all other properties, its affiliates, subsidiaries, successors and assigns. Please print or save to your device a copy of this page.

1. Purchase

Subscription Gift Card purchases are a one-time charge. When you purchase a Subscription Gift Card, we will charge or debit your payment method at the time of purchase. Because Subscription Gift Cards will be sent to recipient at the time of purchase, they are nonrefundable by purchaser. Pricing for Subscription Gift Cards are set forth on the Order Page.

2. Redemption

Subscription Gift Cards are redeemable for the subscription type and length of time as specified on the Order Page, valued at the dollar amount specified on the Order Page.

Subscription Gift Cards may be redeemed at http://161.35.110.226/digitalgift. Your subscription will begin as soon as you redeem your Subscription Gift Card.

During the redemption process, you will be asked to sign in to your Los Angeles Times account or create a new account to redeem your Subscription Gift Card and activate your gift subscription.

If you receive a Subscription Gift Card and are a current Los Angeles Times digital subscriber, you may apply your Subscription Gift Card towards your existing digital subscription for a redemption value equal to the gift subscription period. If you receive a Subscription Gift Card and are a current Los Angeles Times print subscriber, you may apply your Subscription Gift Card towards your existing print subscription for a redemption value equal to the gift subscription purchase price. You may do this by contacting us at the appropriate phone number provided in Section 10 (Contact Us) below.

Subscription Gift Card recipients are not billed for the duration of their gift subscription. Gift subscriptions will expire at the end of the gift subscription period. New subscribers who resubscribe will select a payment method and will be billed for the new subscription under the offer terms applicable to such new subscription once the gift subscription period ends. The Subscription Gift Card purchaser is not billed for any new subscriptions.

3. Restrictions; No Expiration or Fees

Subscription Gift Cards are redeemable for the subscription type and length of time as specified on the Order Page, valued at the dollar amount specified on the Order Page. Subscription Gift Cards are not reloadable or transferable. The Los Angeles Times subscription obtained by redeeming the Subscription Gift Card is non-transferable. Subscription Gift Cards do not expire and there are no service or dormancy fees.

4. Refunds

Subscription Gift Card purchases are nonrefundable to purchaser.

Prior to redemption, the Subscription Gift Card recipient may request a refund in the amount of the gift subscription purchase price by contacting us at the appropriate phone number provided in Section 10 (Contact Us) below. In such event, a check will be mailed to the postal address provided by the Subscription Gift Card recipient approximately sixty (60) days following your refund request.

Once redeemed, the Subscription Gift Card is non-refundable for any unused portion of the subscription.

5. Electronic Communications Disclosure Statement and Consent

By clicking the PURCHASE GIFT CARD button or AGREE & CONTINUE button, as applicable, as your electronic signature, you confirm that you have read the disclosures below and you agree to receive billing statements, if any, 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 10 (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 10 (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 10 (Contact Us) below.

6. 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 Los Angeles 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 Los Angeles 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. 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: 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 JAMS Streamlined Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures 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 www.jamsadr.com); (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 Los Angeles Times at 2300 E. Imperial Highway, El Segundo, CA 90245 ATTN.: LEGAL DEPARTMENT.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Los Angeles Times will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Los Angeles Times 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 Los Angeles County in the State of California, United States of America, and you and Los Angeles Times agree to submit to the personal jurisdiction of any federal or state court in Los Angeles 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 Los Angeles 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 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.

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 termsofservice@latimes.com 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, Los Angeles Times also will not be bound by them.

Survival: This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your purchase, subscription service or account.

7. Terms of Service and Privacy Policy

By clicking the PURCHASE GIFT CARD button or AGREE & CONTINUE button, as applicable, as your electronic signature, you confirm that you have read and agree to http://161.35.110.226/terms-of-service and http://161.35.110.226/privacy-policy.

8. General Terms

All terms, conditions, and use of a Subscription Gift Card are governed by and construed in accordance with the laws of the state of California.

The payment amount, if any, and timing were described in the offer that you accepted online. Please refer to the authorization terms you were directed to print or save to your computer when you accepted the offer for more details.

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.

We reserve the right to change these Gift Subscription Terms and Conditions at any time in our discretion and to notify you of any such changes by changing the Revision Date below. 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.

For more information, see our Gift Subscriptions FAQ.

9. Sevice Issues

To report any service issues, please call the appropriate number provided in the Contact Us section below.

10. Contact Us

To contact us, please use the following:

Revision Date: November 15, 2021