-
BACKGROUND
AG Media is a leading publisher of specialized content, offering a diverse range of print and digital products tailored to niche markets. We provide expert-driven newsletters, magazines, and online resources on topics such as health, wellness, pets, aviation, and outdoor activities. Our publications aim to deliver practical, actionable insights that empower readers to make informed decisions and enhance their lifestyles.
The publications released by us are Products offer by us in connection with our business partners associated with such respective publication (“Business Partner”). We may provide limited information related to your purchase of applicable Products to the associated Business Partner whom the publication was released on behalf of, as further described in How We Share Your Information below. Such Business Partners may independently process your information outside what is disclosed in this Privacy Policy.
-
-
Information you provide to us: There are cases where AG Media may ask you for personally-identifiable information to process and fulfill online shopping transactions, email newsletter registrations, site registrations, customer service submissions and sweepstakes participation. Information includes:
-
Basic Identifying Information: This information includes your name, mailing address, email address, user name, password, payment information (card information and billing address).
-
Commercial Information: This information includes the products and subscriptions you have purchased and considered and related information about your commercial activities. To provide you with content and offers targeted to your needs, we may ask you for your interests including health and pet.
-
Payment Information: This information includes your payment method, including your credit card number, card expiration date, security code, and billing address. Payment information may be processed by our payment processor, in which case such payment processor will be collecting and processing such information on our behalf and share with us limited details as necessary for us to verify, record and fulfil completed transactions.
-
User Content: This information includes your Communications with us and any other content you provide, such as comments, product reviews, testimonials, and other content.
-
Audio Information: This information includes recordings of your voice (such as when we record customer service calls).
-
Inferences: This information includes inferences drawn from or created based on the information identified above.
We do not collect sensitive information such as social security number, driver’s license number, medical history, race, ethnicity, employment-related information, education information or biometrics.
-
Information We Collect Automatically Through Cookies and Similar Technologies: AG Media collects certain information from you automatically when you use our Sites. This information includes:
-
Device Identifier and other Unique Identifiers. Information such as your device identifier, internet protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifier, and other unique identifiers.
-
Internet or Other Network Activity. such as the domain from which you access the Internet (for example, Google.com, if you are connecting via a Google search), the date and time you access the Sites, and the Internet address of the website from which you linked directly to our Sites.
AG Media may use this information to analyze and enhance the Sites, and may aggregate this information and share such aggregated information with business partners, sponsors and other third parties. For more information about how we use cookies and similar technologies, please see Cookies and Related Online Tracking Technologies below
-
Information We Collect From Other Sources: In order to enhance our ability to provide relevant marketing, offers and services to you, we may obtain information about you from third party sources:
-
Public Sources: We may obtain information about you such as postal and email addresses from other sources including public databases;
-
Joint Marketing Partners. We may obtain information about you such as postal and email addresses from our joint marketing partners, and Business Partners.
-
Data Brokers. We may purchase information about you such as your postal and email address from data brokers.
-
Social Networks: When you choose to interact with us through social media your interactions with the social media platforms (“Social Networks”) typically allows the Social Networks to collect information such as “Likes,” profile information gathered from the Social Networks, or the fact that you viewed or interacted with our Services. Social Networks may collect information about you through digital cookies they place on your device and other tracking mechanisms even when you are not directly interacting with their applications. Please review the Social Networks’ privacy policies and choices for sharing information of any Social Network connected to our Services.
-
COOKIES AND RELATED ONLINE TRACKING TECHNOLOGIES
From time to time, our Sites and Communications may collect and share your information through the use of cookies, pixels, and related technologies for the purpose of identifying and authenticating users, preventing fraud, enhancing our Sites and Communications, performing analytics and other measurement services, advertising, and to tailor content to you.
Cookies are small information files that our Sites place on your computer or other devices. Some cookies are temporary. Others are permanent. And there are different types of cookies that serve different purposes, such as functionality and targeting (marketing / advertising).
Our Sites and Communications may also use embedded scripts and/or web beacons. An embedded script is programming code used to collect information about how you interact with our Sites. The embedded script is temporarily downloaded onto your device from our, or a third party web server and is active only while you are connected to the Sites. A web beacon is a small graphic image or programming code that may be included in our Site pages and email messages.
To learn more about your choices as it relates to our use of cookies and related technologies, please see Your Choices.
-
We use the information we collect or receive (alone or in combination):
-
to respond to your inquiries and fulfill your requests, such as to provide you access to the Services or Products you have ordered, to respond to any inquiry, feedback, or information and materials regarding our products and services;
-
to send you marketing communications, including via email in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you;
-
disclose that information to third parties when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) AG Media’s rights or property, other members or users of the Web Site, or anyone else that could be harmed by such activities;
-
for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Sites and Products and Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;
-
disclose that information to third parties when we believe in good faith that the law requires it;
-
transfer such information to successors of our business assets;
-
to send administrative information to you, for example, invoices, confirmation and renewal notices, information regarding our Services or Sites, and changes to our terms, conditions, and policies;
-
to detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions. We also use your information to enforce our terms and procedures, prevent against security incidents, and prevent the harm to other users of our Services;
-
to support our core business functions, including to maintain records related to business management, loss prevention, collecting amounts owed, and identifying and repairing errors or problems in the Sites.
-
to comply with our legal and regulatory obligations, to establish and exercise our rights, and to defend against legal claims; and
-
for other reasons that we may describe to you at the time of collection.
-
We may disclose your personal information to the following categories of recipients and for the following reasons:
-
Service providers. In order to provide our Services to you, it is necessary for us to disclose your information to contracted third parties and service provider partners who perform certain functions of our Services on our behalf. Examples include cloud hosting providers (to provide data storage and processing services); communications providers (to process new queries and to manage our emails); third party fulfillment providers (to send you magazines or other products or provide access to our Services).
-
Payment Processors. When you make a purchase directly with us, any billing information you provide as part of your payment is collected and processed directly by our service provider, Strategic Fulfillment Group (SFG), and our payment processor, Paymentech or Stripe. AG Media never receives or stores your credit card information. SFG, Paymentech and Stripe are committed to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security.
-
Marketing Partners. A customer’s name and mailing address may be released for one-time use to carefully screened third-party mailers who offer products or services that may be of interest to our readers. We may also share personal information with third party marketing partners for commercial purposes. See Section 10(D) (Your Choices: Marketing Partners) for how to opt out of our sharing of your information for these purposes.
-
Business Partners. We may share information we collect related to specific publications with the business partner that produced or that we otherwise publish such publication on behalf of. This information may include your name, email address, and commercial information related to your purchases.
-
Commercial Partners. We may share information we collect with third parties that assist us with providing our Services to you and finding relevant leads.
-
Your User Content. If you choose to submit content (e.g., online comments or communications to our editorial staff or members) (“User Content”), we may publish your name, screen name and other information you have provided to us on our Sites.
-
Compliance with laws. We may disclose information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or other legal process (including in response to public authorities to meet national security or law enforcement requirements).
-
Vital interests and legal rights. We may disclose information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, to verify the authenticity of any transaction, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation in which AG Media may be involved.
-
Business transfers. We may share or transfer information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy.
-
Consent. We may share your information with any other person with your consent to the disclosure.
-
CHILDREN
The Sites are not directed at individuals under thirteen years of age, and AG Media does not intend to collect any personally-identifiable information from such individuals.
-
LINKS TO OTHER WEB SITES
The Sites allow links to various other web sites. AG Media assumes no responsibility for the information practices of sites you are able to access through the Sites. These links to other sites do not imply affiliation or endorsement of a linked site.
-
SECURITY
We take commercially reasonable steps, appropriate to the nature of information at issue, to ensure your information is subject to appropriate organizational, technical, and physical safeguards in alignment with applicable laws and regulations. However, no data transmission over the Internet or system can be guaranteed to be secure.
-
We keep your information for as long as necessary in accordance with the purposes for which it was collected, our business needs, and applicable legal and regulatory obligations. If we dispose of your information, we will do so in a way that is secure and appropriate to the nature of the information subject to disposal, consistent with applicable laws and regulations.
-
YOUR CHOICES
We provide you the ability to exercise certain controls and choices regarding your information. To exercise any of the rights described below, email customer service. We will respond to your request as soon as possible and in accordance with applicable laws and regulations.
A. Account
If you have created an investor account, you may access, update, or remove certain information that you have provided to us through your account by logging into your account or sending an email to the email address set out as set out in the Contact Us section below. We may require additional information from you to allow us to confirm your identity.
Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
B. Communications and Mailings
The following is information about how to opt out of receiving certain Communications and Mailings, depending on means of delivery:
-
E-mails. On some of our Sites you may manage your email preferences and unsubscribe from our lists by visiting the Customer Service link. All of our email newsletters contain an UNSUBSCRIBE link at the bottom of the email. Look for the words “Click here to remove your email address” or “Unsubscribe” and click on that link. You may also email customer service to manage and modify your email preferences.
-
Postal Direct Mail Marketing. To unsubscribe from marketing materials via postal mail, email customer service. Please provide us with the exact name and address as it appears on the mailing label so we can identify your record.
C. Cookies and Tracking Technologies
The following disclosures relate to your rights and choices in connection with cookies and other tracking technologies:
-
Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. We do not currently monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
-
Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
Please be aware that if you disable or remove tracking technologies some parts of the Service may not function correctly.
D. Marketing Partners
If you receive communications from our marketing partners, you will be provided an opt-out similar as provided above in Section 10(B) (Your Choices: Communications and Mailings). In addition, you may contact us and request to be removed from such marketing communications.
E. Analytics, Matched Ads and Interest-Based Advertising
Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/.
F. Legal Rights Under Applicable Laws
Depending on where you reside, you may have certain legal rights in relation to your information.
-
CALIFORNIA RESIDENTS
The following disclosures are made pursuant to the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations (collectively, the “CCPA”).
A. Definitions
-
Personal information. This is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.
-
Sensitive personal information. This is information such as your social security number, driver’s license number, state identification card, passport number, account log-in and password, financial account and password, debit or credit card number and access code, precise geolocation information, race, ethnic origin, religious or philosophical beliefs, union membership, the content of your mail, email or texts other than those communications you have with us, genetic data, biometric information, health information, or information that concerns your sex life or sexual orientation.
-
Sell, sale, or sold. This means the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for money or other valuable consideration.
-
Share, shared, or sharing. This means the sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.
B. Your Legal Rights Under the CCPA
You or an authorized agent you designate on your behalf may submit the individual requests outlined below. Upon receipt, we will take reasonable steps to verify you and your authorized agent’s identity prior to responding to the request, which may include in certain circumstances you signing a declaration under penalty of perjury. If an authorized agent is submitting a request on your behalf, you must submit a copy of: (1) a written authorization demonstrating you have authorized the agent to submit a request on your behalf; and (2) provide separate proof verifying your identity.
-
Right to Know. You have a have a right to request that we disclose, subject to certain exceptions, information concerning: (1) the categories of personal information we have collected from or about you; (2) the categories of sources from which we have collected that personal information, and the business or commercial purpose for the collection; (3) the categories of third parties with whom we have shared, sold, or disclosed your personal information, including the business or commercial purpose for said sharing, selling, or disclosure; and (4) specific pieces of your personal information, subject to appropriate exceptions.
-
Right to Delete. You have a right to request that we delete your personal information, subject to certain exceptions.
-
Right to Correct. You have a right to request that we correct your personal information, subject to certain exceptions.
-
Right to Opt-Out of the Sale or Sharing of Personal Information. Certain of our online tracking technologies may be considered a “sale” or a “share” of your information to third parties under the CCPA. Visitors to our Sites can therefore opt-out of being tracked by these technologies by sending an email to customer service. We have no actual knowledge that we sell the personal information of California residents who are under 16 years of age. You may also opt-out by using an opt-out preference signal, such as the Global Privacy Control (GPC) on your browser. To download and use a browser supporting the GPC, you may click here. If you choose the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
-
Right to Non-Discrimination. You have a right to exercise the above rights without being discriminated against under the CCPA.
-
Exercising Your Rights. To submit a request, you may send an email to customer service. You may also designate an authorized agent to submit a request on your behalf by sending an email with written proof of such authorization for such agent. Responding To an Above Requests: Once you have submitted your request, we will respond within the time frame permitted by applicable law.
C. Notice of Collection
D. Collection of Sensitive Personal Information
We do not collect or use California resident sensitive personal information for any purpose other than is permissible under the CCPA. Specifically, we do not use sensitive personal information of California residents to derive characteristics about California residents.
E. Notice of Disclosure for a Business Purpose
To learn more about the categories personal information we have disclosed for a business purpose, and the categories of third parties with whom we’ve disclosed such information, please see How We Share Your Information.
F. Notice of Sale and Sharing
We “sell” and “share” your personal information through the use of certain Third Party tools on the Sites and offline, including those relating to analytics and advertising. Specifically, we make available certain of your personal information, online identifiers and other persistent online identifiers with advertising, analytics, and marketing partners that may be considered a “sale” or “sharing” of your personal information, as defined under California law. We don’t knowingly sell or share the personal information or sensitive personal information of any California resident who is 16 years or younger.
G. Notice of Financial Incentive
We do not currently offer any financial incentives in exchange for your personal information.
H. California’s “Shine In The Light” Law
If you are a California resident, you have the right to request information from us once per calendar year regarding the customer information we share with third parties for the third parties’ direct marketing purposes. To request this information, please send an email to customer service with ‘Request for California Privacy Information’ in the subject line and in the body of your message. We will provide the requested information to you via an email response.
I. California’s “Eraser Button” Law
If you are a California resident under 18 years old and a registered user of the Site (as defined above), you can request that we remove content or information that you have posted to our Sites or other online services. Fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, send an email to customer service with ‘Eraser Request’ in the subject line and in the body of your message.
-
NEVADA PRIVACY NOTICE
Sale Of Personal Information. If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of your personal information. To make a request, please send an email to customer service with “Nevada Opt-Out of Sale” in the subject line and in the body of your message. We will provide the requested information to you via an email response.
-
EXERCISING YOUR LEGAL RIGHTS
If you are a resident of California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, or in Europe, you may exercise your respective legal rights in accordance with the below procedures.
A. Verification Requirements
For certain requests, we may require specific information from you to help us verify your identity and process your request. Depending on your request, we will ask for information such as your name, or an e-mail address that you have used with us. For certain requests, we may also ask you to provide details about the most recent purchase you made. If we are unable to verify your identity, we may deny your requests to know or delete.
B. Right to Know, Access and Deletion Requests
If you a resident of a jurisdiction that provides you with heightened legal rights to your personal information, you may exercise your right to know, access or delete information through any of the following means:
In the request, please specify which right you are seeking to exercise and the scope of the request.
There are certain circumstances where applicable law allows us to retain certain information and we will not be able to delete such information. In such instances, we will inform you of what information cannot be deleted.
C. Correction Requests
You can correct information related to your account by:
D. Right to Opt-Out of Sale, Profiling, and Context-Based Behavioral Advertising
To opt out of use of your personal information in a manner that constitutes a sale, profiling, or context-based behavioral advertising, or other similar type of sharing under applicable law, please click the link Do Not Sell My Data, or otherwise send an email to customer service.
-
You can use the following information to contact us:
via the U.S. Mail to:
AG Media
Attention: CCPA Request
535 Connecticut Avenue
Norwalk CT 06854
Email
READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH THE SITES AND SUBSCRIPTIONS WE OFFER, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS UNDER SECTION 14 BELOW.
-
Introduction
These terms and conditions of use (“Terms”) govern how you (“you,” “your” or “user”) may use any AG Media (“AG Media”) web site (“Sites”), and all features, content, functionality, and tools made available on or through the Sites.
-
Acceptance
Please read this section carefully. If you do not accept the Terms, do not use the Sites or order any products from the Sites. By clicking “accept,” “continue” or other button indicating your acceptance when these terms are presented to you, or by otherwise accessing and using the Sites or ordering any product from the Sites, you are indicating your agreement to be bound by the Terms. If you do not agree to these Terms, you must (i) not access or use the Sites, (ii) discontinue any access or use of the Sites, and (iii) if applicable, cancel any Subscriptions as defined in Section B below. Your failure to comply with the Terms may result in the suspension or termination of access to the Sites, and may subject you to civil and criminal penalties.
-
Changes to the Terms
AG Media reserves the right, in its sole discretion, to amend or otherwise revise these Terms at any time. All changes are effective immediately when we post the updated terms to this page, unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. By continuing to use the Site after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms. You should visit this page periodically, so you are aware of any changes, as they are binding on you.
-
Use of Material and Changes to the Sites
The contents of the Sites, including, but not limited to, text, graphics, sounds, images, videos and other material (“Material”), are owned by AG Media and third party service providers (“Service Providers”) and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other web site or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other code that AG Media uses to generate its pages. This code is also protected by AG Media’s copyright and other intellectual property rights.
We reserve the right, in our sole discretion, to modify or discontinue offering the Sites, or to impose limits on your use of the Sites, or any features, functionality or other Materials, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that AG Media has no obligation to provide any updates or to continue to provide or enable any particular features of the Sites, or any functionality, tools or content, and, to the maximum extent permitted by applicable law, AG Media will not be liable with respect to any such modifications, discontinuance or deletions.
-
Site Use
General Rules: You may not use the Sites in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.
Security Rules: You may not violate or attempt to violate the security of the Sites or use the Sites to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Sites, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” or “crashing” the Sites, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any AG Media packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. AG Media may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
The Sites is controlled and operated within North America and are not intended or directed for use outside of the United States.
-
Linking to the Sites
We welcome links to any AG Media web site, but any link must not:
frame or create a browser or border environment around the Web Site;
imply that AG Media is endorsing your web site or your products or services;
misrepresent your relationship with AG Media;
present false information about products or services on the Site;
use our trademarks or logos without prior permission from us; and
contain content that we might consider distasteful or offensive.
-
Information
Please see AG Media’s Privacy Policy for details regarding our use of information collected from users of the Sites.
-
Purchases from the Sites
The following additional terms apply to users purchasing goods from the Sites:
A. Prices & Availability. Prices are in U.S. dollars and if stated, Canadian dollars. Promotional offers and prices are for a limited time. Prices are subject to change without notice and do not include shipping and handling charges or applicable taxes.
B. Subscriptions.
READ CAREFULLY – IMPORTANT INFORMATION ABOUT SUBSCRIPTIONS AND CANCELLATION
(i) Recurring Payments. We may offer products on our behalf or on behalf of our partners that are offered for purchase on our Sites as part of a recurring subscription (“Subscription”). When you purchase a product that is subject Subscription, you will be charged automatically on a recurring basis at the frequency and price specified at the time of purchase unless you first cancel in accordance with our cancellation policy below. By agreeing to these terms when purchasing a product offered as a Subscription, you agree that your Subscription for the respective product will automatically renew, and unless and until you cancel, you authorize us to charge your payment method for future shipments such product as part of the Subscription.
(ii) Subscription Changes. You can make changes to your information or Subscriptions by contacting us or by visiting your account page, selecting “My Account” and updating either your personal or billing information, shipping address or subscriptions. Any modifications to your account must be made at least 48 hours prior to the next scheduled product shipment date in order to take effect for that period. Modifications made less than 48 hours prior to your shipment date will take effect in the next billing period.
(iii) Cancellation. You may cancel you Subscription any time through our cancellation link found in the footer of our Sites, [through the cancellation link provided in your account settings,] or contacting us
C. Product Modifications. We may modify and discontinue products at any time.
D. Shipments. AG Media accepts and ships orders for preorders and for products that are in stock. We will accept a return or exchange books and credit your method of payment (minus shipping and handling costs). We cannot refund shipping charges except when the book shipped to you was damaged or the wrong product was shipped as a result of our error. Please send your return to:
AG Media
Customer Service/Refunds
535 Connecticut Ave
Norwalk, CT 06854
If you have any further questions, please contact us.
E. Credit Card Information. If you choose to purchase a product online using a credit card, you accept all risks associated with doing so, including the risk that your credit card number or other information could be intercepted in transit. You understand that we will not be liable for any charges which may be made on your credit card as a result of interception, or any other misuse of your credit card or information transmitted or mis-transmitted to us.
F. Shipping Charges, Taxes. Separate charges for shipping and handling may apply. You are responsible for any sales and other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on the invoice. Sales tax is calculated based on the state and local tax of the shipping address. Once your order is placed, you will receive an e-mail confirming your order and a total including sales tax.
G. Title. Title to and risk of loss of products passes from us to you on shipment from our facility.
H. Errors. AG Media will not be responsible for typographical or other errors or omissions regarding prices or other information.
-
AG Media’s Liability
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Sites or the Material. The use of the Sites and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Sites at anytime without notice.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material you place on the Sites.
AG Media does not warrant that the sites will operate error-free or that the sites or its server are free of computer viruses or other harmful mechanisms. If your use of the sites or the material results in the need for servicing or replacement of your or another’s equipment or data, we are not responsible for those costs.
The sites and the material are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, we specifically disclaim any warranty (a) that the sites will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, and (e) regarding correctness, accuracy, or reliability.
-
Disclaimer of Express and Implied Warranties
A. DISCLAIMER OF WARRANTIES. THE SITES, PRODUCTS, AND SUBSCRIPTIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITES, PRODUCTS, AND SUBSCRIPTIONS, OR THAT USE OF OR ACCESS TO THE SITES, PRODUCTS, AND SUBSCRIPTIONS WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
B. NO HEALTH CARE OR MEDICAL ADVICE. UNDER NO CIRCUMSTANCES WILL ACCESS TO THE SITES, PRODUCTS OR SUBSCRIPTIONS BE DEEMED TO CREATE A RELATIONSHIP BETWEEN ANY USER AND AG MEDIA THAT INCLUDES THE PROVISION OR RENDERING OF HEALTH CARE, MEDICAL ADVICE, OR COMPLIANCE ADVICE OR COUNSEL. TO THE EXTENT INFORMATION ON ANY HEALTHCARE TOPICS OR OTHER INDUSTRY TOPICS ARE AVAILABLE OR MADE AVAILABLE IN CONNECTION SITES, PRODUCTS OR SUBSCRIPTIONS, SUCH INFORMATION IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A RECOMMENDATION BY AG MEDIA AS ADVICE ABOUT THE VALUE, NATURE, SCOPE OR USEFULNESS OF ANY SUCH INFORMATION.
-
Limitation of liability and remedies
the maximum aggregate liability of AG Media under any contractual, negligence, strict liability, or other theory for any order through the Sites will be limited exclusively to a refund of payments we received from you relating to such order.
Neither we nor our service providers shall be liable for (i) any indirect, special, incidental, consequential, or punitive damages arising out of any order from AG Media’s online store or the use of or inability to use the sites or any information provided on or through the sites, or any other hyperlinked web site, including without limitation, any lost profits, business interruption, loss of programs or other data, even if we have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions or other inaccuracies in the sites, the service or any hyperlinked website.
You may not institute any action in any form arising out of use of the Sites, the Materials, products (including Subscriptions) or the Terms more than eighteen (18) months after the cause of action has arisen.
-
Links to Other Sites
The Sites contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.
AG Media cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from AG Media because these sites are owned and operated by independent retailers. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. AG Media does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
-
Termination
AG Media reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Sites and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise not complied with any of the Terms.
-
Arbitration and Class Action Waiver
A. Disputes. The terms of this Section 14 shall apply to all Disputes between you and AG Media. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and AG Media arising under or relating to your use of the Sites, Materials, or products (including Subscriptions), these Terms, or any other transaction involving you and AG Media, (“Services”) or subject matter related thereto, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND AG MEDIA, LLC AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY AG MEDIA FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF AG MEDIA.
B. Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to AG Media at Contact Us within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
C. Dispute Notice. In the event of a Dispute, you or AG Media must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to AG Media must be addressed to AG Media, P.O. Box 2626, Norwalk CT 06856-2626 (“AG Media Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If AG Media and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or AG Media may proceed to mediation as articulated in this Section. You and AG Media will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.
D. Binding Arbitration. You and AG Media agree: (1) to arbitrate all Disputes between you and AG Media pursuant to the provision of these Terms; (2) these Terms memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms.
E. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
F. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND AG MEDIA AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND AG MEDIA AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
G. Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
H. Hearing Format. Unless otherwise agreed, the arbitration shall take place in California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by AG Media or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AG Media is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
I. Arbitration Fees. AG Media will pay, or (if applicable) reimburse you, for all AAA (as applicable) filing, administration, and arbitration fees for any arbitration commenced by you or AG Media pursuant to these Terms. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
J. Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and AG Media agree that if AG Media makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms, AG Media will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the AG Media Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
K. Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
-
General
AG Media makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms and all subject matter related to these Terms, including the arbitration agreement set forth in Section 14, are governed by the internal substantive laws of the state of Connecticut, without respect to any conflict of laws principles. Jurisdiction of any claims in connection with these Terms and the subject matter related thereto, including any arbitration proceeding under Section 14, will lie exclusively within the State of Connecticut, and the state or federal courts within the state of Connecticut (as applicable) and you consent to the exclusive personal jurisdiction of such venue if there is a dispute between you and us. If any of the Terms is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining Terms, which will remain in full force and effect. No waiver of any Term will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in another statement by AG Media on the Sites, the Terms constitute the entire agreement between you and us with respect to the use of Sites. No changes to the Terms may be made except by a revised posting by us on this page, and no waiver of any Term will be effective unless it is in writing and signed by us.
