Union-Tribune Store: Terms of Sale and Use
Last updated on November 20, 2019
These Terms of Sale and Use (“Terms of Sale and Use” or “Terms”) govern your access and use of the Union-Tribune Store website, mobile application or other online service where these Terms are posted (collectively, the “Site”) and the sale and purchase of products or services on the Site. The Site is provided by The San Diego Union-Tribune, LLC and its parent, subsidiaries and affiliates (collectively, “Union-Tribune,” “we,” “us,” and “our”). We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
Please read these Terms of Sale and Use carefully before accessing or using our Site. By accessing or using any part of the Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Sale and Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Terms of Service. Our Terms of Service (the “Terms of Service”) are available at https://www.sandiegouniontribune.com/terms-of-service and are hereby incorporated into these Terms of Sale and Use by reference. For the avoidance of doubt, the definition of “Site” under the Terms of Service shall be deemed for the purposes of these Terms of Sale and Use to include the Site as defined herein. In the event of any conflict between the Terms of Service and these Terms of Sale and Use, these Terms of Sale and Use shall control with respect to your access and use of the Site.
These Terms of Sale and Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all of the terms and conditions herein, then you may not access the Site or use the Service. If these Terms of Sale and Use are considered an offer, acceptance is expressly limited to these Terms of Sale and Use.
Any new features or tools which are added to the Site shall also be subject to the Terms of Sale and Use. You can review the most current version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale and Use at any time and without prior notice by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
The San Diego Union-Tribune Store website is hosted on Shopify Inc. Shopify Inc. is responsible for the hosting, operation and maintenance of the Site. They provide us with the online e-commerce platform that allows us to sell our products and services to you. From time to time, we may use other third parties not affiliated with us to host the Service, fulfill the orders, and process payments (“Third Party Providers”). You agree that Third Party Providers are solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Providers, you may be subject to additional terms of sale, use and/or service and privacy policies of the Third Party Providers.
SECTION 1 - ONLINE STORE TERMS
This Site is designed for and targeted to individuals who are at least 18 years of age or older. By agreeing to these Terms of Sale and Use, you represent that you are 18 years of age or older. If you are not an adult, please stop and discontinue your use of the Site. By accessing or using our Site and/or purchasing something from us, you represent that you are a legal adult, that you meet all other eligibility requirements, and that you are fully able and legally competent to enter into and comply with these Terms of Sale and Use.
You represent and warrant that you are buying products or services through the Service for your own personal use only and not for resale or export. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms of Sale and Use will result in an immediate termination of your Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and shipping charges are quoted in U.S. Dollars and are subject to change at any time without notice. As a convenience to you, prices may also be quoted in other currencies. Special offers or discounts may not be combined.
We reserve the right at any time to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
SECTION 5 – PRODUCTS; SERVICES; ORDERS
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The creation or transmission to you of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. If you are unsatisfied with a product, you may return it in accordance with our Return Policy.
We will add shipping and handling fees, and all applicable sales tax to your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
The risk of loss and title for products shipped pass to you upon delivery of the products to the carrier for shipment.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for all expenses we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
For more detail, please review our Return Policy.
SECTION 7 - CONTENT
Unless otherwise noted herein or otherwise, the Site and all content, features and materials on the Site, including text, images, graphics, logo, illustrations, designs, icons, photographs, video clips, descriptions and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), is owned and controlled by us or duly licensed by us from our partners and service providers. The Site and the Content are intended solely for personal, non-commercial use.
We do not grant you or any other person any right to use, reproduce, copy, modify, transmit, publish, display, create derivative works, distribute, sell or exploit in any way by any means, method or process whatsoever any Content or the Site. Any use of the Content except as specifically permitted in these Terms is strictly prohibited.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Sale and Use.
SECTION 9 – THIRD PARTY LINKS
Certain content, products and services available via the Service may include materials from third parties. Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties (and any such linking does not constitute an endorsement of any kind). If you use such links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Site’s users.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, questions, comments, reviews, messages, proposals, plans, or other materials or communications, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, reproduce, disclose, publish, distribute, translate, publicly perform, publicly display, adapt, archive, store, create derivative works from, and otherwise use in any medium any comments that you submit or forward to us for any purposes whatsoever. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Sale and Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive or unlawful material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 11 - PERSONAL INFORMATION; YOUR ACCOUNT
If you access the Service using a password, you are solely responsible for maintaining the confidentiality of your account and password and your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you provide someone else with access to your password, they will have the ability to view information about your account and make changes through the Site for the Service.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Sale and Use, you are prohibited from using the Site, its content, or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to (or attempt to) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to (or attempt to) interfere with the proper functioning of the Service or of any related website, other websites, or the Internet, including uploading, publishing, linking to or transmitting malicious content, including worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; (i) to use the communication systems provided by us or our agents or any contact on the Site for any commercial solicitation purposes; (j) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – NOTICES OF INTELLECTUAL PROPERTY INFRINGEMENT
The “Notice of Intellectual Property Infringement” section of the Terms of Service is hereby incorporated herein by reference.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
THE SITE, THE SERVICE AND ALL PRODUCTS PURCHASED AND/OR DELIVERED TO YOU THROUGH THE SITE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND WITHOUT ANY GUARANTY OR ASSURANCE THE SITE OR THE SERVICE WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. THE FOREGOING SHALL NOT APPLY TO ANY WARRANTIES, IF ANY, OF THE APPLICABLE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS OF THE PRODUCTS. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
IN NO CASE SHALL UNION-TRIBUNE OR THE SITE, OR ANY OF UNION-TRIBUNE AND/OR SITE AFFILIATES, PARTNERS, CLIENTS, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE, ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNION-TRIBUNE AND/OR THE SITE, AND/OR ANY OF UNION-TRIBUNE AND/OR SITE AFFILIATES, PARTNERS, CLIENTS, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DAMAGES IN EXCESS OF THE AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCT OR SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Site and Union-Tribune, as well as each of their respective parent companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, members, employees, representatives, contractors, agents, sub-licensees, licensors, service providers, subcontractors, suppliers and interns, from any and all claims, demands, liabilities, costs, and damages (including attorneys’ fees and court costs) (collectively, “Claims”) in any and all jurisdictions arising from or relating to any allegation regarding: (1) your use of the Site; (2) your breach of any representation, warranty or other provision of these Terms of Sale and Use or the documents they incorporate by reference; or (3) your violation of any law or the rights of a third party. You shall cooperate as fully as reasonably required in the defense of any such Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale and Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Sale and Use for all purposes.
These Terms of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use the Service, or when you cease using the Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Sale and Use, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Service (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of such right or provision.
These Terms of Sale and Use and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale and Use).
Any ambiguities in the interpretation of these Terms of Sale and Use shall not be construed against the drafting party.
SECTION 20 – DISPUTES; MANDATORY ARBITRATION AND CLASS ACTION WAIVER
The “Dispute” section and the “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” section of the Terms of Service are hereby incorporated herein by reference.
To the extent allowed by law, you agree to file any claim regarding any aspect of the Site or these Terms of Sale and Use within six (6) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
These Terms of Sale and Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
SECTION 21 - CHANGES TO TERMS
You can review the most current version of the Terms of Sale and Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale and Use by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Sale and Use constitutes acceptance of those changes.