Terms of use

Who we are

We are a US-based company that facilitates the sale of magazine subscriptions from magazine publishers through our marketing partners directly to you and potentially other goods and services.

Acceptance of terms

Agreement to the Terms

Each time that you access our Sites or use the Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms, you must discontinue using the Sites and Services.

Eligibility/Capacity

Our Sites are general purpose Sites. You represent and warrant that you are at least 18 years old and that you possess the legal right and ability to enter into this Agreement and to use the Sites 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 Sites or Services. By accessing or using the Sites or Services you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by these Terms. This Agreement governs the acceptable use of the Sites, Services, and content accessed through the Sites, and your rights, obligations and restrictions regarding your use of our Services.

Electronic Form/Communications

By accessing or using the Sites 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 Sites. 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.

Account and contact information

Access to the Site and Services.

If you are browsing the Site or Services and have not used our Services, you will still be subject to these Terms.

Account.

You must provide accurate, current and complete information when using our Services. Any falsification of any information whatsoever may, at Magazine Order Center’s option, result in immediate suspension or termination of your right to use the Services.

Contacting You.

When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).

Payment and cancelation rights

Making a Purchase.

Please refer to the applicable offer for a description of the magazines or other products sold on our Sites and pricing. Any terms and conditions of any offer disclosed to you when ordering are deemed part of these Terms. We reserve the right to change the fees for products and will provide notice of any increase prior to your being charged.

Orders.

Any prices displayed on the Sites are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We will add shipping and handling fees if that is the offer you accept and applicable sales/use tax in accordance with our then-current policies. All orders are for personal use only and orders for resale are prohibited. Products displayed on the Sites are available only while supplies last. If your order is canceled by us after you have been charged, we will issue a credit. No other refunds are available for any reason.

No Binding Offer.

Nothing on the Sites constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order 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 been charged. We also reserve the right at any time to limit the quantities ordered for you or your household. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to whether information on the Sites or Services is current or the completeness or accuracy of any information on the Sites or Services.

Obligations for Fulfilment.

No refunds are permitted for any reason. Publishers are solely responsible for fulfillment. In the event a Magazine ceases to be available we or the publisher may offer you a substitute. In exchange for the discounted nature of the offers you are not entitled to a refund of the price you paid. You are responsible to provide accurate and current information and if your address changes and a magazine comes back as undeliverable after the term you purchase there will be no further obligation by the publisher to fulfill the Magazines. Magazines may also be delivered with your local newspaper or other delivery services in the sole discretion of the applicable publisher in lieu of the USPS. If you order a digital publication please whitelist the email address of the sender which will be noted in your confirmation to ensure it will not go into your spam filter. You are solely responsible to check your spam files.

Redemption of Vouchers.

If you received a voucher from a third-party merchant for redemption at Magazine Order Center, any issues you have with the payment for that voucher or the receipt or validity of that voucher must be resolved with that third party merchant. Redemption of a voucher or coupon must be made within the redemption expiration date applicable to the offer you accepted from the third-party merchant who provided that voucher. Expired vouchers are not valid.

Billing Information.

When you provide payment information (“Billing Information”) to us or our authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize us to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Magazine Order Center does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. Magazine Order Center reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Magazine Order Center cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts.

Sites and services are for personal use only

The content offered on the Sites 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 Sites, in any medium, without Magazine Order Center’s prior written consent, or (ii) alter or modify any part of the Sites other than as may be reasonably necessary to use the Sites for their 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 Sites or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Sites or any computer software or hardware or telecommunications equipment. You may not use the Sites 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 Sites or Services. You may not attempt to gain unauthorized access to any Sites or Services, other accounts, computer systems or networks connected to any Magazine Order Center server or to any of the Sites 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 Sites or Services. You may not reverse engineer, decompile or disassemble any software accessed through Sites or Services, including any proprietary communications protocol used by Magazine Order Center.

Proprietary rights

The Services and all material published on the Sites, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, software, sounds, messages, comments, ratings, and other materials on the Sites and all trademarks, service marks and logos is owned by Magazine Order Center or its licensors (collectively, the “Content”), 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. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Content, 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. 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. Except for allowing you to use the Sites and Service for your personal use as set forth in the paragraph above, when you use the Sites 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 Sites or Services or any other Magazine Order Center property except as we indicate in these Terms.

Disclaimer of warranties

You understand that your use of the sites and services (including any downloads or any loss of data or other damage to your computer system or mobile device you experience from using sites and services) is at your sole risk. You understand that the sites 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 sites or services will be uninterrupted, timely, secure, or error-free. If you are dissatisfied with any of the materials contained in the sites or services, or with any of these terms, your sole and exclusive remedy is to discontinue accessing and using the sites and services. 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 sites and services.

Limitation of liability

To the maximum extent permitted by applicable law, in no event will magazine order center, or its affiliates or agents, 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 sites 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. 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.

California residents rights

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.”

International users

The Sites and Services are controlled from facilities in the United States. Magazine Order Center makes no representations that the Sites or Services are appropriate or available for use in other locations. Those who access or use the Sites and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Changes to the terms of use

Magazine Order Center will review and may update these Terms periodically and will note the date of the last revision if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Use update on our Sites for a period of time in our discretion but we encourage you to review these Terms and make not of the “effective date” frequently. Your continued use of the Sites after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and/or Services.

Third party links

You may be able to access other websites or resources through links on the Sites. 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.

Arbitration / dispute resolution

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, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.

Resolution of Any Dispute.

In the event a dispute arises between you and Magazine Order Center (“Dispute”), we want 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 contacting us by writing to Strategic Media, LLC, P.O. Box 251-H, Scarsdale, N.Y. 10583. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.

Limitation of Legal Remedies.

If there is a Dispute that remains unresolved after mediation, instead of suing in court, you and magazine order center each agree to the fullest extent permitted by law to arbitrate disputes through binding arbitration pursuant to the jams arbitration rules and procedures, on an individual basis, without class relief, except for disputes pertaining to magazine order center’s intellectual property rights and statutory claims that pursuant to law are not arbitrable. 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 (“Claim(s)”). The arbitrator’s decision and award are 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.

Jury Trial Waiver.

You and magazine order center each voluntarily waive the right to a trial by jury in resolving any dispute between us arising out of these terms or the sites or services.

Class Action Waiver.

You and magazine order center each agree that claims against the other may only be brought in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will 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, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or 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 (“Notice”). All Notices to Magazine Order Center must be sent to the following address: Strategic Media, LLC, P.O. Box 251-H, Scarsdale, N.Y. 10583. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Magazine Order Center may commence an arbitration proceeding. Unless otherwise agreed to by you and Magazine Order Center in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Magazine Order Center agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of New York, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.

Exception to Arbitration.

Only disputes or actions pertaining to Strategic Media LLC’s intellectual property rights, or statutory claims that pursuant to law are not arbitrable, are exempt from arbitration.

Survival.

This arbitration provision shall survive termination of these Terms.

Severability.

If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator 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 will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.

No rights of third parties

You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.

Miscellaneous

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 Sites 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.

Contacting us

If you have any questions about this Privacy Policy, or the practices of the Sites or our Services please send your email queries to service@magazineordercenter.com or write to us at Magazine Order Center, P.O. Box 251-H, Scarsdale, N.Y. 10583.