SUPPLEMENTAL TERMS OF SERVICE
Welcome to the supplemental terms of service for DMC Coalition (“DMC Coalition”) subscription products and subscription packages (collectively, the “Subscriptions”) and certain benefits or services provided by third parties and offered through DMC Coalition (collectively, the “Third-Party Services”). These terms shall be referred to as “Supplemental Terms of Service for Subscriptions and Third-Party Services” or “Subscription Terms”.
In addition to the other DMC Coalition terms, these Subscription Terms constitute a legal agreement between you and DMC Coalition detailing the terms of your use of Subscriptions and Third-Party Services. The Subscription Terms are effective on the date you accept them by purchasing a Subscription, or by purchasing a package that includes Third-Party Services (the “Effective Date”). Please read these Subscription Terms carefully.
DMC Coalition sometimes works with partners and affiliates whose websites are linked with DMC Coalition and controlled by parties other than DMC Coalition (each a “Third-Party Site“). DMC Coalition is not responsible for and does 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. DMC Coalition does 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, the third party may contact you by email or phone with instructions on how to access your benefits, and you may be required to accept additional terms that are located on the Third-Party Site.
1. Fees. If you purchase a Subscription, you must pay all charges to your account relating to that Subscription. You will be charged in accordance with the billing terms in effect at the time of your initial purchase. If you purchase a Subscription that is charged in full on purchase, in each renewal period for that Subscription, you must pay the total cost of the next subscription period by the first day of that period. For each Subscription, your charge remains for each subscription period no matter if you access the services or Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION, INCLUDING ACCESSING THE LIBRARY, PARTICIPATING ON THE COMMUNITY FORUM, OR ANY THIRD-PARTY SERVICES, YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
2. Billing. You must provide valid credit card information at the time of purchase to allow payment for the initial Membership Term of a Subscription.
For any automatically renewing Subscriptions, your Subscription will renew at the end of the initial Membership Term (the “Billing Date”) and at the end of each successive Membership Term, until you notify us that you want to terminate your Subscription under these Subscription Terms or your Subscription is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your Subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. DMC Coalition may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless DMC Coalition otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the original purchase price for the Subscription. DMC Coalition may obtain automatic updates for any expiring credit cards you have provided.
You must pay DMC Coalition the fees associated with your Subscription. Additional discounts may be available for members purchasing multiple months up front or as part of certain promotions.
3. Notice of Automatic Renewal. We may send a reminder email to your account’s email address of record before your Billing Date. Unless required by law in the state where you reside, DMC Coalition is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) DMC Coalition’s failure to send the email creates no liability for DMC Coalition or any Third-Party Service.
Use of Service
4. Legal Forms Library. If you have purchased a membership that includes access to the legal forms library, the following provisions apply to you: (a) License. DMC Coalition grants you a nonexclusive, nontransferable worldwide right to use the legal forms library (the “Library”) during the time period you have purchased and, for subscription memberships, while your membership remains in good standing. This license allows you to access, download, use, and edit forms in the Library for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Library or any of its contents; or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the Library, its contents, or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by DMC Coalition. (b) No Guarantee. DMC Coalition does not guarantee that any form provided in the Library is suitable for a particular purpose, or that any form included or referenced in the Library is accurate, reliable, complete, or timely. The forms included or referenced in the Library are for information purposes only, and should not be relied upon as legal advice. The Library serves as a venue to view and download the forms. (c) Not Legal Advice. DMC Coalition does not provide legal advice or representation. The legal forms library is not a substitute for the advice of an attorney.
5. General Practices. You acknowledge that DMC Coalition may establish general practices and limits concerning use of its Subscriptions or Third-Party Services, including the maximum number of forms you may access in the Library in a given period of time, or the number of times (and the maximum duration for which) you may access the Library in a given period of time.
DMC Coalition is not liable for the deletion of or failure to store any content maintained or transmitted by any Subscription benefit.
DMC Coalition may subcontract any obligations required under a Subscription without your consent.
6. 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 the licenses you have been granted with your 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.
7. Authority to Enter Agreement. If you are entering into these Subscription 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 Subscription 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 Subscription Terms and the order you placed, including all payment obligations. DMC Coalition is 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.
8. Changes to Subscriptions.
a. General Changes. DMC Coalition 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 its 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 releasing new forms in the Library or adding Third-Party Services, the new features will be subject to these Subscription Terms.
b. Fee Adjustments. DMC Coalition may increase Subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. 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.
c. Renewal Term Adjustments. DMC Coalition may offer subscriptions of various lengths. DMC Coalition may increase the renewal term from monthly, quarterly, or otherwise, to quarterly, annually, or otherwise 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).
d. Discontinuation and Replacement of Subscriptions. Should DMC Coalition cease to offer your subscription, we can 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. DMC Coalition will notify you of new fees at least 30 days before they become effective.
Termination or Cancellation
9. By DMC Coalition.
a. DMC Coalition may terminate your use of all or part of the Subscriptions or Third-Party Services in its 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.
b. If you do not pay on the Billing Date, as described in the Billing section above, you can correct your credit card information and pay the outstanding amounts before the one-month anniversary of your Billing Date. If you have not made any payment on your Subscription by the one-month anniversary of your Billing Date, DMC Coalition may suspend your service and terminate that Subscription.
c. Your right to use a Subscription is subject to any limits established by DMC Coalition 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, DMC Coalition may, in its sole and absolute discretion, suspend or terminate your access and account, which will terminate these Subscription Terms and our obligations under them. If a charge made to your credit card is declined, DMC Coalition may make up to five attempts to bill that card over a thirty-day period.
d. If you wish to reactivate your account after a termination, there will be no setup or reactivation fees. However, if your account was terminated for nonpayment, it will be reactivated only after DMC Coalition receives the full amount past due. If an expired account is reactivated, the new term begins on the reactivation date.
10. By Subscriber.
a. You may examine these Subscription Terms for ten days after you have received them. If during this period you decide that you are not satisfied with the Subscription Terms, you may have any prepaid amounts refunded, and these Subscription Terms will be considered voided as if they had not been issued.
11. 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.
12. Dispute Resolution. The parties shall arbitrate all disputes and claims pursuant to the Dispute Resolution by Binding Arbitration section of the Terms of Service.
13. Non-English-Speaking Customers. I understand that certain materials on the DMC Coalition site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
14. NO GUARANTEE. LAWS, REGULATIONS, AND ADMINISTRATIVE REQUIREMENTS CHANGE OFTEN, AND THEIR APPLICATION AND IMPACT VARY FROM COMPANY TO COMPANY AND INDUSTRY TO INDUSTRY. FORMS, EMAILS AND SMS TEXT MESSAGE COMMUNICATIONS ARE NOT INTENDED TO PROVIDE OR SUBSTITUTE FOR ACCOUNTING, LEGAL, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY. COMPLIANCE WITH ALL LAWS AND REGULATIONS REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY. BEFORE TAKING ANY BUSINESS OR LEGAL ACTION BASED ON INFORMATION FROM THE SITE, THE LIBRARY OR ANY EMAIL OR SMS TEXT MESSAGE COMMUNICATION, YOU SHOULD CONSULT WITH A FINANCIAL OR LEGAL PROFESSIONAL TO VERIFY DEADLINES AND DETERMINE WHETHER SUCH ACTIONS ARE APPROPRIATE FOR YOU BASED ON YOUR PERSONAL OR BUSINESS NEEDS. NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF ANY SUBSCRIPTION.
Last Updated: July 1, 2020