Tablet Lease Terms And Conditions

Last Updated: September 20, 2023

1. General

These Tablet Lease Terms and Conditions (these “Terms”) govern your (“Your,” or “You”) rental of the Samsung tablet (the “Tablet”) provided to You by McClatchy Shared Services, LLC](“McClatchy,” “We,” or “Us”) in connection with Your digital subscription (the “Subscription”). By purchasing a Subscription You are agreeing to be bound by these Terms. If You do not agree to these Terms, then any attempted purchase of a Subscription will be null and void. 

2. Rental

2.1 McClatchy hereby leases to You the Tablet (the “Lease”) for the duration of Your Subscription, subject to these Terms. McClatchy is the owner of, and shall hold title to, the Tablet at all times.

2.2 You agree that You will not transfer, assign, convey, encumber, pledge, or otherwise dispose of the Tablet, and any attempt by You to do any of the foregoing shall be void and deemed a material breach of these Terms.

2.3 You will take good and proper care of the Tablet. In the event the Tablet is damaged or requires repair, You will promptly notify McClatchy. Following receipt of such notice, McClatchy will provide You with instructions for repair or replacement of the Table, and You agree to promptly comply with such instructions. If any damage to or loss of a Tablet results from Your negligence or willful misconduct, You will promptly pay McClatchy an amount equal to McClatchy’s repair or replacement cost with respect thereto.

2.4 Your Lease will terminate effective upon any expiration or termination of the Subscription. Upon the termination of the Lease, You will have no further right to use or possess the Tablet and will return it in accordance with Section 3.2.

3. Delivery and Return

3.1 The Tablet will be delivered to You following McClatchy’s confirmation of the Subscription. Upon the termination of Your Lease, you will return the Tablet to McClatchy in good condition (less normal wear and tear), by shipping the Tablet to McClatchy through a recognized overnight delivery service (a “Delivery Service”) (e.g., UPS or FedEx). McClatchy will provide a postage paid return label with the delivered Tablet. If You are unable to locate the return label it is required to request, in writing, a duplicate label from McClatchy.  You are responsible for providing the Tablet to the Delivery Service for return to McClatchy on or before the date of termination of Your Lease, and prior to the time of the final daily pickup at the Delivery Service location selected by You, so that the Tablet can be placed into transit by the Delivery Service on the date of termination of Your lease. Any delay in providing the Tablet to the Delivery Service for return to McClatchy as set forth above will result in a fee in the amount of $100, which You will pay promptly following receipt of invoice. You are responsible for obtaining a receipt from the Delivery Service demonstrating your timely return of the Tablet in accordance with this Section 3.1. 

3.2 Prior to returning the Tablet, You will remove all passwords or other security protections (e.g., PINs, face or fingerprint recognition) such that McClatchy may fully access the Tablet. In the event McClatchy receives Your Tablet and cannot use it due to Your failure to remove such security protections, You will, on demand, pay McClatchy its cost to replace the Tablet.

4. Data

4.1 You acknowledge and agree that any data or information transmitted through or otherwise processed by any operating system or software applications installed on the Tablet, including any information that relates to You or Your use of the Tablet, will be subject to the terms, conditions, and privacy policies applicable to such software applications.

4.2 Prior to returning the Tablet, You will delete all data and information that you have stored on the Tablet, or that otherwise relates to You or Your use of the Tablet, including all of your personal information. To the extent you wish to retain such data or information after the Tablet is returned, You will transfer that data or information to another device that you own or control before it is deleted. Once the Tablet is returned to McClatchy, McClatchy is not responsible for, and you hereby release McClatchy from any and all liability for, the loss or destruction of any data or information stored on the Tablet. 

5. Other Terms and Conditions

The Tablet will be provided to You with pre-installed software applications. You will be solely responsible for all use of the Tablet and for complying with all terms, conditions, and licenses applicable to any use of the Tablet or such software applications.

6. Intellectual Property

Title to, and ownership of, any and all intellectual property rights embodied in the Tablet and all software included or installed therein shall at all times remain the property of the applicable licensor.

7. Disclaimer of Warranties

MCCLATCHY MAKES NO WARRANTIES, EXPRESS, IMPLIED, WITH RESPECT TO THE TABLET OR ANY SOFTWARE INSTALLED ON THE TABLET, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.

8. Limitation of Liability

IN NO EVENT SHALL MCCLATCHY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY LOST PROFITS, DAMAGES ON ACCOUNT OF NEGLIGENCE, OR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. MCCLATCHY’S TOTAL AND CUMULATIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9. Dispute Resolution

9.1 Arbitration.

  1. You and McClatchy agree to the dispute resolution process set forth in this Section 9.1 for any legal controversy or legal claim arising out of or relating to these Terms or Your Lease (each such claim or controversy, a “Subject Legal Claim”).
  2. In an attempt to find the quickest and most efficient resolution of our issues, You and McClatchy agree to first discuss any issue informally for at least 30 days before pursuing any other dispute resolution method. To do that, please send Your full name and contact information, Your concern, and Your proposed solution by mail to Us at: McClatchy, 2100 Q Street, Sacramento, California 95816-6899 Attn: Unresolved Customer Issue. If We should need to discuss an issue with You, We will contact You using the email or mailing address on Your Subscription.
  3. If You and McClatchy do not reach an agreed upon solution within such thirty (30)-day discussion period, then You and McClatchy each agree that any Subject Legal Claim must be resolved through binding individual arbitration before the American Arbitration Association using its Consumer Arbitration Rules, provided that: (i) either party may pursue in small claims court any action that is within that court’s jurisdiction, as long as the case proceeds on an individual basis only; (ii) either party may seek to enforce its patents, trademarks, copyrights, or trade secrets in an appropriate state or federal court.
  4. To help resolve any issues between You and McClatchy promptly and directly, each party agrees to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. Each party also agrees to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each party expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Sacramento, California. The parties agree that this Section 9.1 is subject to, and will be governed and enforced under, the Federal Arbitration Act.You may download a form Notice to initiate arbitration at www.adr.org. If You initiate the arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against McClatchy, in addition to accepting whatever responsibility is ordered by the arbitrator, McClatchy will reimburse Your reasonable attorneys’ fees and costs, regardless of which party initiated the arbitration. In addition, if the arbitrator rules in McClatchy's favor, McClatchy will not seek reimbursement of our attorney’s fees, regardless of who initiated the arbitration.

9.2 Notwithstanding Section 9.1: (a) each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator; and (b) in the event that the arbitration terms of Section 9.1 are not enforceable for any reason, then the state and federal courts sitting in Sacramento Count, California shall be the sole and exclusive forum for any actions, suits, or other legal proceedings relating to this Agreement, and the parties hereby irrevocably consent to such exclusive jurisdiction and venue. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT.

10. Assignment

You shall not assign or transfer any of Your rights or obligations with respect to the Lease or these Terms whether voluntary, by operation of law or otherwise, without the prior written consent of McClatchy. Any assignment or transfer of Your rights or obligations under these Terms in contravention of this Section 10 shall be null and void.

11. General

The failure of McClatchy to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this contract or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such rights. These Terms constitute the complete and exclusive statement of the agreement between the parties regarding the subject matter hereof and supersede all proposals, oral or written, and all other communications between the parties relating to the subject matter herein.