Membership Agreement
By accepting the initial enrollment offer of introductory-priced titles from the Disney Movie Club (“Club”, “we”, “our” or “us”),
you agree to purchase the minimum number of titles specified in your initial enrollment offer at regular Club prices (your “minimum purchase commitment”) and the terms
of this Membership Agreement. This Membership Agreement and your commitment status are always available at DisneyMovieClub.com
(you’ll need your Membership Number or the email address you used when joining the Club to register the first time you visit the site).
THIS MEMBERSHIP AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, TO BE RESOLVED BY BINDING INDIVIDUAL
ARBITRATION AND REQUIRING YOU TO WAIVE JURY TRIALS, CLASS ACTIONS, AND OTHER COURT PROCEEDINGS OF ANY KIND. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND
EXPRESSLY AGREE TO THE MANDATORY ARBITRATION PROVISION.
BINDING ARBITRATION AND CLASS ACTION WAIVER
CLASS ACTION WAIVER. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor the Club will seek to have a
dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No
arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
MANDATORY BINDING ARBITRATION. You and the Club agree to arbitrate, as provided below, all disputes between you (including any related disputes involving The Walt Disney
Company or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes
any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Club or this Membership Agreement, whether in contract,
tort, warranty, statute, regulation, or other legal or equitable basis. You and the Club empower the arbitrator with the exclusive authority to resolve any dispute relating to the
interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of
dthis Membership Agreement is void or voidable.
- In the event of a dispute, you or the Club must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact
information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to the Disney Movie Club, 500 South
Buena Vista Street, Burbank, California 91521-3531, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and the Club
will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before,
you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court,
whether or not you negotiated informally first.
- If you or we do not resolve a dispute by informal negotiation or in small claims court, the dispute will be resolved by binding arbitration before a neutral arbitrator whose
decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR
JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures
(the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or
1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of
documents, by phone, or online, will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided,
however, that if circumstances prevent you from traveling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area. You and the Club agree to submit to
the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient
for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The
arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief.
Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ applicable rules. We will reimburse those fees for claims totaling less than $10,000. For
claims at or above $10,000, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did
not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for
the filing fees you incurred.
Except as provided above and with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in this arbitration provision will be construed as
consent by the Club or its affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Club or this Agreement.
OPT-OUT PROCEDURES. You can choose to reject this Arbitration Agreement by sending us a written opt- out notice (“Opt-Out Notice”) within thirty (30) days
following the date you first agree to this Membership Agreement (1) by email at DMCContactUs@movieclubinfo.com or (2) by mail at
the Disney Movie Club, 500 South Buena Vista Street, Burbank, California 91521-3531, USA, Attention: Legal. Mailed Opt-Out Notices must be postmarked no later than thirty (30) days
following the date you first agree to this Membership Agreement. To be effective, all Opt-Out Notices must contain your full name, address, and signature. If you opt-out of this
Arbitration Agreement, all other terms of the Membership Agreement will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future
arbitration agreements that you may enter with us.
CHANGES TO ARBITRATION AGREEMENT. If we change this Arbitration Agreement after the date you first agreed to the Membership Agreement or to any subsequent changes to the Membership
Agreement, you may reject any such change by providing us written notice of such rejection within thirty (30) days of the date such change became effective. Your written notice must
be provided (1) by email at DMCContactUs@movieclubinfo.com or (2) by mail at the Disney Movie Club, 500 South Buena Vista Street,
Burbank, California 91521-3531, USA, Attention: Legal. To be effective, your notice must include your full name, address, and signature, and clearly indicate your intent to reject
changes to this Arbitration Agreement. By rejecting any changes, you agree that you will arbitrate any dispute between us in accordance with the provisions of this Arbitration
Agreement as of the date you first agreed to the Membership Agreement or to any subsequent changes to the Membership Agreement.
Fulfilling Your Agreement
Each title purchased at the designated Regular Club price counts as 1 title toward completing the minimum purchase commitment. Regular Club prices start at just $19.95. (PLEASE NOTE:
Discounted movies, merchandise, special offers and promotional items do not count toward fulfilling your minimum purchase commitment, unless otherwise indicated.) Multi-packs are
subject to different commitment rules, and their value toward your minimum purchase commitment will be noted in our communications or promotions. Prices are subject to change, and
the Club will notify you of changes in future communications.
After fulfilling your minimum purchase commitment, you will be able to access special offers and discounts reserved only for our best Members.
The Featured Title
About every 4 weeks throughout the year, you will receive a mailing to your address on file or an email to your email address on file indicating your Featured Title Offer. Plus,
you may also receive up to 2 more seasonal Featured Title mailings or emails per year, for up to 15 buying opportunities a year. You can choose to receive or decline the Featured
Title. If you do not timely inform us of your choice by the date specified on the Featured Title Offer response card or Featured Title Offer email notification (you’ll always
have a minimum of 10 days), the Featured Title will be shipped to you automatically, and either your credit card will be charged on the date of shipment for the amount listed in the
Featured Title Offer, or you will be invoiced for the amount listed in the Featured Title Offer, if you agreed to pay by check or money order. You are responsible for responding to
each Featured Title Offer, and understand that if you do not respond within the time specified in your mailing or email, it qualifies as an approval for the Featured Title to be
shipped to you and your credit card will be charged for such order or you will be invoiced. There are various ways to notify us of your choice:
• By returning the Featured Title response card via mail to accept or decline the title (if you receive communications from us via postal mail); • By going online at
DisneyMovieClub.com to accept or decline the title; or • By calling the Disney Movie Club toll-free at 1-800-382-4527 to accept or
decline the title.
Cancellation Policy
You may cancel your Membership at any time; charges may apply if you have not fulfilled your minimum purchase commitment.
If you cancel your Membership before fulfilling your minimum purchase commitment, you will be invoiced or your credit card will be charged for the value of the number of
introductory-priced titles you received in your initial enrollment order ($19.95 per title shipped to you), plus shipping and processing and sales tax (where applicable). This
amount is dependent upon the terms of your initial enrollment offer, including the number of titles you received.
To cancel your Membership, please take one of the following actions: • In your web browser, go to DisneyMovieClub.com and send us a
message through the Contact Us link in the FAQ section of the site. • Send us an email at DMCContactUs@movieclubinfo.com.
• Call the Disney Movie Club toll-free at 1-800-362-4587 from 8 a.m. to 1 a.m. EST, Monday through Friday.
The Club reserves the right to cancel any Membership at any time for any reason, including, but not limited to, breach of this Membership Agreement, failure to maintain a valid form
of payment, suspicion of fraudulent behavior, excessive returns, nonpayment, non-purchase of titles or inactivity. If the Club cancels your Membership for any reason and you have not
fulfilled your minimum purchase commitment, the Club reserves the right to bill you for the value of the introductory-priced titles you received in your initial enrollment order
($19.95 per title shipped to you), plus shipping and processing and sales tax (where applicable).
Shipping and Processing Charges/Sales Tax
Shipping and processing charges are added to each selection ordered. Shipping and processing charges are subject to change and will be noted in Club communications.
Applicable sales tax will be applied to orders shipped to certain states.
SHIPPING METHOD: United States Postal Service
SHIPPING COSTS: Shipping and processing is $3.95 for the first title in each shipment and $1.49 for each additional title in the same order. Standard shipping is 10 days. NOTE:
Shipping and processing for merchandise, box sets and multi-pack titles may vary.
Items may be shipped separately on occasion. Additional shipping and processing charges will not be applied. Expedited shipping is available in the contiguous United States by
calling 1-800-362-4587.
Changes to Communications—Postal Mail to Paperless
For Members that currently receive all communications via postal mail, but who have provided us with a valid email address and have not opted out of receiving emails from the Club,
please note the following: • We reserve the right in our discretion, at any time, to change our method of communication with you to online and email communications only
(paperless). We will provide you with 60-days’ notice of our intention to change this method of communication. In the event you wish to continue to receive communications via
postal mail, please call us at 1-800-362-4587; and
• If you would like to at any time choose to receive only online and email communications from us (go paperless), please send us an email at
DMCContactUs@movieclubinfo.com, or log into your account at DisneyMovieClub.com and
select “Go Paperless” under My Account to update your Membership to paperless, or call us at 1-800-362-4587.
Payment Terms
Pay By Credit Card
When you join the Club, you may provide the Club with information regarding your preferred credit card for billing purposes. Your credit card will remain on file with us as your
method of payment unless and until you inform us differently. Your credit card will only be charged for Club–related purchases (including shipping and processing or sales tax
where applicable) or billing purposes. If you do not decline your Featured Title Offer by the “respond by” date, it will be sent to you automatically, and your credit
card will be charged the amount listed in the Featured Title Offer. Your credit card will not be charged until the date of shipment. You may change your preferred credit card at any
time by logging into your account at DisneyMovieClub.com, or by calling us at 1-800-362-4587. We currently accept the following credit
cards: VISA, MasterCard, Discover Card, and American Express. In the event you choose to use a debit card, we will not be held responsible for overdraft or bank fees. If you fail to
provide a valid credit card number to the Club or provide a credit card number that cannot be authorized, the Club reserves the right to (i) invoice you for Featured Title shipments;
(ii) if you have not yet fulfilled your minimum purchase commitment, invoice you for the value of introductory-priced titles you received in your initial enrollment order, plus
shipping and processing and sales tax (where applicable); and (iii) cancel your Membership.
Pay By Check
As a benefit to those Members who prefer to pay by check or money order, the Club, in most cases, does not require prepayment of orders. Instead, we require that you pay for your
order upon receipt. If you do not decline your Feature Title Offer by the “respond by” date, it will be sent to you automatically with an invoice for the amount listed
in the Featured Title Offer. Balance is due 28 days after the invoice date, and paying your invoice promptly will keep your account current and in good standing. Unpaid Member
accounts may incur late fees. We reserve the right to address accounts that are not in good standing by requiring prepayment, and to establish reasonable limits upon the value of
merchandise shipped on a payment due basis. Returned checks will be assessed a returned check fee of $20.00.
Return Policy
Your satisfaction is very important to us. If you need to return a product, please include a note of explanation and your Membership Number with your return so the proper adjustment
can be applied to your account or a replacement can be sent. See below for specific return options. Please allow 4 to 6 weeks for processing returns. Please mail all returns via
United States Postal Service, and use the return merchandise label enclosed with your order.
Returns of product paid by credit card and made within 60 days of ship date will be fully credited to your credit card account, including shipping and processing costs, and sales
tax (where applicable). Please allow 30 days for a credit to appear on your credit card account. Returns of product paid by check and made within 60 days of ship date will be
applied to your Membership account as a merchandise credit. (Refund checks are available on request.) Returns of product paid by credit card or check and made within 60 days and
120 days of ship date will be eligible for merchandise credit only. Returns of product paid by credit card or check and made after 120 days will not be eligible for refunds or
credit.
Incorrect, Damaged Or Defective Product
If you receive product that is an incorrect title, or is damaged or defective, we will promptly exchange it at our expense upon our receipt of the damaged merchandise. If you prefer
not to exchange it, you may return it and we will gladly apply the value of the product (including any paid shipping and processing fees) to your account as a refund or merchandise
credit. For technical assistance with a title purchased through the Club, call 1-800-723-4763 or visit DisneyStudiosHelp.com for the
most up-to-date trending support topics and contact channels.
Lost Or Misdirected Product
In the unlikely event that you do not receive ordered product, we will send you replacement product on request. Claims for non-delivery must be made to the Club within 60 days of
order date. We reserve the right to ship orders with a signature required to insure delivery to the proper person or household.
Featured Title Returns
Please respond to your Featured Title Offer by the published “respond by” date. If you do not decline your Featured Title by this date, it will be sent to you
automatically and your credit card will be charged or you will be invoiced for the amount listed on the Featured Title Offer. If you do not wish to keep the Featured Title, you may
return it to receive a refund for the purchase price, minus the cost of shipping and processing. If you did not have 10 days within which to respond to the Featured Title Offer,
you may return it for a full refund. Members who do not respond to Featured Title Offer communications and receive shipments that they repeatedly return or who consistently return
products may be subject to a restocking charge per return.
Offer And Order Restrictions
Membership in the Club is limited to persons over the age of 18 residing in the United States and its territories and may be terminated at any time. Parents or guardians are
responsible for any Memberships created by their children under age 18. Membership is intended for personal use only. Titles purchased through the Club are not intended for resale
or other commercial purposes. Violations of this policy are strictly prohibited.
Limit: one Membership per household. Multiple Memberships are not permitted. We cannot ship to FPO and APO addresses.
All applications to join the Disney Movie Club are subject to review. We reserve the right to request additional information, to reject any application, or to cancel any Membership.
The introductory enrollment offer may not be combined with any other promotional offer, including coupons or rebates. All titles are subject to availability. The Club reserves the
right to restrict quantities of select titles ordered at regular price due to limited stock on hand. Discounted selections are limited to 3 units per title, per order. All titles
orders are limited to 5 total units per title per Membership.
At times the Club may issue special discount, offer, or promotion codes in Club communications. These promotions may not be combined with any other offer, including coupons or
rebates. Codes are non-transferable and restrictions may apply. Any violation of this policy may result in additional charges to your account, termination of your Membership, or
other remedial action.
Change of Personal Information
It is your responsibility to keep us informed of any changes to your Member information, including your billing and shipping address, and credit card number and expiration date.
Keeping your account information current can help you avoid misdirected product shipments, orders being held, and late fees.
Changes to Membership Agreement
We may revise the Membership Agreement at any time, in our sole discretion. If we do so, we’ll let you know either by posting the revised Membership Agreement on
DisneyMovieClub.com or through other communications. It’s important that you review the Membership Agreement whenever we revise it
or you use your Membership. By continuing to use your Membership after any revisions to the Membership Agreement become effective, you are agreeing to be bound by the revised
Membership Agreement. If you don’t agree to be bound by the revised Membership Agreement, then you must cancel your Membership after fulfilling your minimum purchase
commitment, unless we terminate your Membership as set forth herein, and your Membership will continue to be governed by the most recent Membership Agreement to which you agreed.
Severability
If any provision or portion thereof of this Membership Agreement shall be unlawful, void or for any reason unenforceable, then that provision or portion thereof shall be deemed
severable from the Membership Agreement and shall not affect the validity and enforceability of any remaining provisions.
Nothing in this Membership Agreement purports to limit liability or alter your rights as a consumer that cannot be excluded or waived under applicable law, including New Jersey
law.
Privacy Policy
We are dedicated to treating your personal information with care and respect. Visit DisneyMovieClub.com to view our Privacy Policy.
Last revised March 10, 2020
