Terms and Conditions

New Times BPB, LLC
Last Updated: July 31, 2023

TERMS AND CONDITIONS

These Terms and Conditions govern the relationship between New Times Broward-Palm Beach and each subscriber, including the terms on which contributions may be accepted, refused, or returned by New Times Broward-Palm Beach. Contributions will only be accepted in the form of a one-off/single or monthly/annual recurring payment made directly to New Times Broward-Palm Beach as described in these Terms and Conditions.

1. AGREEMENT

By making a financial contribution, a subscriber agrees and acknowledges that: The contribution is provided to New Times Broward-Palm Beach as an irrevocable gift, subject to any exercise of the subscriber’s right to receive a refund as described below and New Times Broward-Palm Beach’s right to return any gift at its discretion.

The gift may be used by New Times Broward-Palm Beach for any purposes and/or to support its operations in any/all areas of its business such as editorial; and the contribution is made subject to these Terms and Conditions, which shall constitute a legally binding agreement between the donor and New Times Broward-Palm Beach (the "Agreement"), entered into by each party in consideration of the other’s obligations under these Terms and Conditions.

2. REGISTRATION

If you decide to register and contribute, you agree to provide accurate and up-to-date information about yourself, as required by the relevant registration or contribution process. You agree not to attempt to use the registration under the name of another person. It is your responsibility to keep the password of your account confidential, to promptly notify us of any unauthorized use of your account, whether found or suspected and to take all reasonable steps necessary to prevent such a situation from occurring again.

3. RECURRING CONTRIBUTION PAYMENTS

You agree to pay your selected contribution amount on a monthly or annual basis. You must provide us with complete and accurate payment information at the time you agree to pay a recurring monthly contribution. Payment for your recurring contribution can be made by credit or debit card.

Your payments will be taken on a monthly or annual basis and your recurring contribution will continue unless and until it is ended by either of us in accordance with the provisions of section 6 (Refunds and Cancellation of Contributions).

4. CONDITIONS

Financial contributions will be accepted from individuals as well as any other legal entities (such as companies).

Supporters who are individuals must be aged 18 or over and United States residents. All other supporters must be incorporated, established and/or registered in the United States (as applicable).

5. ADMINISTRATION OF CONTRIBUTIONS

All gifts to New Times Broward-Palm Beach shall be made through the support page on www.browardpalmbeach.com/support (the "New Times Broward-Palm Beach Website"). Gifts will be accepted by New Times Broward-Palm Beach for the period during which the support page is live on the New Times Broward-Palm Beach Website.

Contributions received by New Times Broward-Palm Beach will be deposited in one or more bank accounts in the name of New Times Broward-Palm Beach together with other New Times Broward-Palm Beach funds. Each contribution will be identifiable by a unique merchant identification number and accounted for separately by New Times Broward-Palm Beach.

From the moment the transaction is processed, New Times Broward-Palm Beach will be legally and beneficially entitled to the full amount of the gift and the contributor has no entitlement to the return of a gift in any circumstances other than as specified in these Terms and Conditions.

The subscriber shall receive benefits as outlined here:

One-Time Gift (active for 6 months from transaction date):

• Monthly Letter from Editor
• Access to purchase pre-sale event tickets
• Members-only newsletters

Recurring Membership (active until canceled):

• Monthly Letter from Editor
• Access to purchase pre-sale event tickets
• Members-only newsletters
• Access to exclusive members-only ticket and gift card raffles
• Discounts with local community partners

New Times Broward-Palm Beach is a for-profit business and financial contributions will be used to support its operations and not dedicated to any charitable purpose. Gifts to New Times Broward-Palm Beach are not charitable contributions under the laws of the United States and, as far as New Times Broward-Palm Beach is aware, subscribers shall not be entitled to any charitable contribution deduction in respect to their gifts under either United States federal or state law or the laws of any other jurisdiction worldwide.

6. REFUNDS AND CANCELLATION OF CONTRIBUTIONS

New Times Broward-Palm Beach reserves the right to refuse and return any contribution in its absolute discretion, including without limitation where it believes that accepting the contribution would conflict with the mission, values or interests of New Times Broward-Palm Beach, or where, with regard to the source of the contribution or intentions of the contributor, New Times Broward-Palm Beach believes that accepting the contribution could damage the independence or reputation of New Times Broward-Palm Beach or adversely affect the relationship of New Times Broward-Palm Beach with other contributors or stakeholders.

Subscribers shall be entitled to receive a refund of their contribution for up to 14 days after receipt of payment by notifying New Times Broward-Palm Beach by email at [email protected]. Any requests for a refund of a contribution received by New Times Broward-Palm Beach following the expiration of the 14-day period will be ineligible. Any refused and/or returned contributions shall be repaid into the account from which the contribution was made.

Recurring contributions can be canceled at any time. Simply email [email protected]. Cancellation requests will be confirmed within 48 hours.

7. TRANSPARENCY OF CONTRIBUTIONS

New Times Broward-Palm Beach reserves the right to:

• Request the full name and contact details of the contributor;
• Request from the contributor any other information that it considers to be necessary or desirable to determine the provenance of the contribution;
• Undertake any further investigations it deems fit to determine the provenance of the contribution.

If the contributor refuses to provide information requested by New Times Broward-Palm Beach under clause 5.1, New Times Broward-Palm Beach may refuse and return the contribution to the contributor at its discretion.

8. CONFIDENTIALITY AND PUBLICITY

Contributors shall not be entitled to publicize their contribution or otherwise market themselves or any connected person or business in connection with their contribution, except with the prior written consent of New Times Broward-Palm Beach and then only if the contributor complies with any relevant policies, procedures or requirements of New Times Broward-Palm Beach.

9. DATA PROTECTION AND PRIVACY

If a contributor opts in to receive information relating to offers from New Times Broward-Palm Beach via the email address supplied by the contributor then he or she may unsubscribe at any time by updating their account profile.

Any personal information about a contributor obtained by New Times Broward-Palm Beach as a result of a contribution being made will be used in accordance with the New Times Broward-Palm Beach privacy policy, available at https://www.browardpalmbeach.com/about/privacy-policy. By making a contribution, the contributor accepts the terms and conditions of the privacy policy.

10. EXCLUSION OF LIABILITY

Neither New Times Broward-Palm Beach nor any affiliated person, employee, agent, officer or director shall be liable for any loss suffered by any subscriber or other person arising out of or in connection with a contribution, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.

11. MISCELLANEOUS

A failure of New Times Broward-Palm Beach to assert a right or provision under these Terms and Conditions shall not constitute a waiver of that right or provision.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

This Agreement constitutes the entire agreement between the contributor and New Times Broward-Palm Beach in respect of any contributions made by the contributor.

These Terms and Conditions are not intended to confer any contractual benefit on any person pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999.

12. CUSTOMER SERVICES

If you have a query or complaint about your contribution, please contact us using the contact details below:

Email: [email protected]

By proceeding, you are agreeing to our Terms and Conditions. To find out what personal data we collect and how we use it, please visit our Privacy Policy.