Simplify Magazine

Quarterly Publication for Families

Terms of Service

UPDATED: July 6, 2018

By using this website (the “Site”) or any products or services provided through this Site, you (“You,” “Your” and “User”) agree to the terms of service (“Agreement” or “TOS”) that Simplify Media, LLC (“Us,” “Our,” “We,” and “the Company”) have provided. This Agreement between You and Us is comprised of this TOS and Our Privacy Policy and supersedes all previous written and oral agreements, representations, and warranties. If You don’t agree with the terms of Our TOS or Privacy Policy, please refrain from using the Site and any of Our products or services.

  1. General

We provide Simplify Magazine, a quarterly digital magazine. You may purchase a single issue or a lifetime membership. Do not purchase an issue or membership to Simplify Magazine until You have carefully read this TOS.

  1. Simplify Magazine License

When You purchase an issue or membership for Simplify Magazine, You purchase a license to access the publication. This is a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the publication in exchange for payment and per these TOS and Our Privacy Policy. Payments for this license are made through a third-party payment processing service.

By purchasing a license, You agree to abide by that payment processing service’s terms of service. We will never have access to Your credit card information.

  1. User Conduct

Every User must abide by the following rules of conduct regarding Simplify Magazine:

  • You must be at least 18 years old to purchase a license.
  • You must provide accurate information when communicating with Us.
  • You must not use Simplify Magazine except as permitted by this Agreement and any license purchased from Us.
  • You may not use this Site to violate anyone’s intellectual property rights. You may not use, copy, distribute, perform, or make derivative works from any content in Simplify Magazine.
  • You may not use this Site to abuse, harass, defame, or defraud anyone.
  • You may not use this Site to do anything unlawful, misleading, malicious, or discriminatory.
  • You may not upload viruses or other malicious code to this Site. You may not do anything that is designed to disable, overburden, or interfere with the normal working of this Site.
  • You may not rent, lease, sell, sublicense, or redistribute the content in Simplify Magazine or any content on this Site.
  • You may not use, test, or otherwise utilize any software on this Site in any manner for purposes of developing or implementing any method or application that is intended to interfere with the function of Our software.
  • You may not reverse engineer, decompile, disassemble, derive source code, create a derivative work of, or otherwise repurpose any software on this Site; attempt to do so, or assist anyone in doing so except permitted by applicable law notwithstanding this limitation.
  • You must comply with all applicable laws and regulations when using this Site or accessing Simplify Magazine. You are responsible for verifying that You are complying with these laws and regulations.

We reserve the right to terminate any User’s license, sublicense, or access for violating Our TOS or Privacy Policy.

  1. Links

We may provide links to other websites on Our Site or through Simplify Magazine. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any website to which We provide a link that We did not create. User assumes all risk by following a link. The Company provides no guarantee that any website it links to will be accurate or available.

  1. Copyrights and Trademarks

The Company retains its intellectual property rights, including but not limited to, copyright rights in all its content published on and through Our Site and Simplify Magazine. The attests that it owns or has a license to use all content on this Site and in Simplify Magazine.

“Simplify Magazine,” “Simplify Media,” and their logos are trademarks owned by the Company and may not be used without Our explicit written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and/or criminal penalties and termination of their license(s).

  1. Digital Millennium Copyright Act (DMCA) Policy

The Company will comply with any properly submitted DMCA takedown and counter takedown notices We receive under the U.S. Copyright Act (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and used on or via Our Site or Simplify Magazine in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: Simplify Media LLC; Attn: DMCA/Copyright Agent; 9929 West Via Del Sol Peoria, AZ 85383, or hello@simplifymagazine.com.

  1. Indemnification

By using this Site, You agree to defend, indemnify, and hold harmless the Company, Our affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by You in connection with Our Site or Simplify Magazine.

To the extent permitted under applicable laws, User hereby releases the Company from any and all claims or liability related to any product or service provided through this Site and any conduct or speech, whether online or offline, of any other User.

  1. Modification to these Terms of Service

We reserve the right to change this TOS at any time as We deem necessary or desirable. These changes will most likely be enacted to comply in changes to Our services and/or changes in the law. We may notify You of changes by posting notice of the change on Our Site. Changes to this Agreement may occur, however, without notice. Any changes to these TOS will be effective upon the changes being made to this document. Your continued use of this Site shall be Your acceptance of any changes to this Agreement. All additional terms are hereby incorporated into this TOS by this reference.

The date at the top of the TOS informs You of the date of the most recent change.

  1. Warranty Disclaimer

USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, PRODUCT, OR SERVICE PROVIDED THROUGH THIS SITE.

THIS SITE AND SIMPLIFY MAGAZINE ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

  1. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED THROUGH THIS SITE, SIMPLIFY MAGAZINE, OR OTHER PRODUCTS OR SERVICES. THE PARTIES AGREE THAT OUR MAXIMUM FINANCIAL OBLIGATION TO YOU IS THE AMOUNT PAID TO US FOR PRODUCTS AND SERVICES PRIOR TO THE DISPUTE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE ALLEGEDLY CAUSED BY YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH OUR PRODUCTS AND SERVICES. YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, COMPLETENESS, AND USEFULNESS OF OUR CONTENT BASED ON YOUR SPECIFIC NEEDS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, TO EVALUATE AND PROVIDE INDIVIDUALIZED INFORMATION AND INSTRUCTION.

  1. Contact Information

Simplify Magazine is owned by Simplify Media, LLC, an Illinois limited liability company with a principal place of business in Illinois. You can contact Us at Simplify Media LLC, 9929 West Via Del Sol Peoria, AZ 85383, or hello@simplifymagazine.com.

  1. Dispute Resolution

By using this Site, You agree that any claim, dispute, or controversy You may have against Us arising out of, relating to, or connected in any way with this Agreement, Our Site, or Simplify Magazine, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site and Simplify Magazine. You agree that You shall only pursue a claim on behalf of Yourself only and shall not seek to file a class action lawsuit. By using this Site, You agree to this jurisdiction and venue.

In all claims, disputes, and controversies related to this Agreement, Our Site, or Simplify Magazine, the non-prevailing party shall be responsible for the prevailing party’s attorneys’ fees in addition to any damages assessed against them.

  1. Termination

We reserve the right to suspend or terminate any User’s license or access to the Site at any time and for any suspected violation of this TOS and/or Our Privacy Policy. Termination may occur without advance notification. We shall not be liable for any damages for terminating a User.

  1. Miscellaneous

This Agreement and Privacy Policy shall constitute the entire agreement between the User and Us with respect to the subject matter in this Agreement or Privacy Policy. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement or Privacy Policy is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement or Privacy Policy shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.