By accessing or using the Site or Services you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms. This Agreement governs the acceptable use of the Services and content accessed through the Site, and your rights, obligations and restrictions regarding your use of the Services.
Electronic Form/Communications. By accessing or using the Site or Services you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Redemption on Site Upon redeeming a voucher or other code on our Site (‘Code”) you will be asked to provide your name, address, voucher number or other code for redemption and magazine selection and format, or other goods or services, if applicable.
Security of Username and Password. You are entirely responsible for the security of any voucher number or code for redemption of any magazine or goods on our Site. We will not be liable for any loss that you may incur as a result of someone else using your Code, either with or without your knowledge.
This Agreement will remain in full force and effect while you use the Services. Magazine Order Center can suspend or terminate your access to the Site or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Personal Use. The content offered on the Site ("Content") and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or Site, in any medium, without Magazine Order Center's prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the Site or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair any Magazine Order Center server, or the networks connected to any Magazine Order Center server, or interfere with any other party’s use and enjoyment of any Site or Services. You may not attempt to gain unauthorized access to any Site or Services, other accounts, computer systems or networks connected to any Magazine Order Center server or to any of the Site or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services. You may not reverse engineer, decompile or disassemble any software accessed through Site or Services, including any proprietary communications protocol used by Magazine Order Center.
Modification to Services. Magazine Order Center has the right to modify its Site, Services (and magazines or other goods and services assessable through its Services), at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Magazine Order Center in providing its Services is to cancel your order or stop using our Services.
Redemption of Codes. NOTE THAT MAGAZINE ORDER CENTER PROVIDES A SERVICE TO YOU TO ASSIST YOU IN REDEEMING CODES FOR MAGAZINES OR OTHER GOODS AND SERVICES. FULFILLMENT IS HANDLED SOLELY BY THE APPLICABLE PUBLISHER OR MERCHANT OR SELLER OF RECORD. ANY ISSUES WITH A PUBLISHER, MERCHANT OR SELLER OF RECORD FAILING TO FULFILL THE MAGAZINE OR OTHER GOODS OR SERVICES AFTER YOU HAVE PROPERLY REDEEMED YOUR CODE ON THE SITE MUST BE ADDRESSED WITH THE PUBLISHER, MERCHANT OR SELLER OF RECORD. MAGAZINE ORDER CENTER IS NOT THE SELLER OF RECORD AND IS NOT RESPONSIBLE FOR FAILURE OF THE PUBLISHER, MERCHANT OR SELLER OF RECORD TO PROVIDE THE MAGAZINE, GOODS OR SERVICES.
Binding Offer. Nothing on the Site constitutes a binding offer to sell, distribute or give away magazines, goods and/or services. We reserve the right at any time after receipt of your Code to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have redeemed your Code.
Images of Merchandise. Images available on or through the Service of magazines or other goods may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such magazines or goods.
Return Policy. Once you have redeemed a Code for a magazine or other goods or services, that redemption is not cancellable and is not subject to a refund from us and the purchase is subject to the publisher’s or other merchant’s policies from whom you purchased the Code.
The Services and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data), sounds, messages, comments, ratings, and other materials on the Site (together “Content”) is owned by Magazine Order Center or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Magazine Order Center owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site. All trademarks, service marks, trade names, and trade dress appearing on the Sites, including without limitation, Magazine Order Center, (“MOC Marks”) are proprietary to Magazine Order Center. All other trademarks, product names and company names or logos cited herein are the property of their respective owners (“Third Party Marks”). MOC Marks and Third Party Marks are referred to herein as “Marks”). You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Site or the Services, in whole or in part, without Magazine Order Center's prior written consent. You acknowledge that you do not acquire any ownership rights in any Content. Copying or storing of Content for other than for your personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Magazine Order Center without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Magazine Order Center’s name or MOC Marks or Third Party Marks without the express written consent of Magazine Order Center. Any uses not permitted by these Term automatically terminates all permissions or licenses granted by Magazine Order Center in these Terms.
No Other License Granted. Except for allowing you to use the Site and Service for your personal use as set forth in the paragraph above, when you use the Site or Service, you are not receiving a license or any other rights from Magazine Order Center, including intellectual property or other proprietary rights of Magazine Order Center. You understand that you have no rights to the Site or Services or any other Magazine Order Center property except as we indicate in these Terms.
Age Requirements. We are a general purpose Site. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Site or Services.
Links. You may be able to access other websites or resources through links on the Site. Because Magazine Order Center has no control over such sites and resources, you acknowledge and agree Magazine Order Center is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Magazine Order Center endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Magazine Order Center shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MAGAZINE ORDER CENTER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT MAGAZINE ORDER CENTER DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS NOR DOES MAGAZINE ORDER CENTER MAKE ANY REPRESENTATION OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES REDEEMED THROUGH ITS SITE AND YOU ACKNOWLEDGE THAT YOUR RECOURSE IS WITH THE PUBLISHER, MERCHANT OR SELLER OF RECORD OF THOSE PRODUCTS OR SERVICES. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH PRODUCTS OR SERVICES REDEEMED THROUGH THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES AND/OR CONTACT THE PUBLISHER, MERCHANT OR SELLER OF RECORD OF THE PRODUCTS OR SERVICES REDEEMED. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGAZINE ORDER CENTER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE OR REDEEMED THROUGH THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. MAGAZINE ORDER CENTER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MAGAZINE ORDER CENTER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE OR A LINKED SITE.
IF YOU PURCHASE MERCHANDISE ON OR THROUGH THE SERVICE, NOTE THAT WE DO NOT ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, THE TRUTH OR ACCURACY OF THE DESCRIPTIONS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE AND YOUR SOLE RECOURSE IS TO RECEIVE A REFUND FOR ANY ORDER FROM THE PUBLISHER, MERCHANT OR SELLER OF RECORD.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAGAZINE ORDER CENTER, OR ITS AFFILIATES, BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF MAGAZINE ORDER CENTER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE MERCHANDISE AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MAGAZINE ORDER CENTER’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $25. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site or using the Services and agree to indemnify and hold Magazine Order Center, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Site or Services or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Access to Services. Magazine Order Center reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Magazine Order Center also reserves the right to change, modify, discontinue, suspend or abandon the Site or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The Site and Services are controlled from facilities in the United States. Magazine Order Center makes no representations that the Site or Services are appropriate or available for use in other locations. Those who access or use the Site and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules.
Resolution of any Dispute. In the event a dispute arises between you and any publisher, merchant or seller of record, Magazine Order Center will use commercially reasonable efforts to assist you to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our customer care department at firstname.lastname@example.org. If, however, there is an issue that needs to be resolved pertaining to the magazine, or others goods or services you redeemed on the Site your dispute is with the publisher, merchant or seller of record. However, if there is a dispute between you and Magazine Order Center these Terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Magazine Order Center agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship; the Content accessible from Site; claims that may arise after the termination of your Membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. ("Claim(s)") which cannot be settled through the customer service department, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to Magazine Order Center shall be sent to the following address: Magazine Order Center, P.O. Box 251-H, Scarsdale, N.Y. 10583. All notices to you will be sent to the address provided in your account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Magazine Order Center may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association’s (“AAA”) under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State of New York, and for any non-frivolous claim that does not exceed $5,000 Magazine Order Center will conduct the arbitration by telephone, and will not seek attorney’s fees in the event Magazine Order Center prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply
These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and Magazine Order Center. They supersede any and all prior or contemporaneous agreements between you and Magazine Order Center relating to your use of the Site or the Services. Magazine Order Center may assign these Terms in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Magazine Order Center to partially or fully exercise any rights or the waiver of Magazine Order Center of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Magazine Order Center or be deemed a waiver by Magazine Order Center of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Magazine Order Center under these Terms, its Policies and any other applicable agreement between you and Magazine Order Center shall be cumulative, and the exercise of any such right or remedy shall not limit Magazine Order Center's right to exercise any other right or remedy.
Please contact us with any questions by emailing us at: email@example.com or writing to us at Magazine Order Center, P.O. Box 251-H, Scarsdale, N.Y. 10583.
Copyright (c), 2013, Magazine Order Center. All rights reserved.