TERMS OF SERVICE

These Terms and Conditions of Service (“Terms of Service”) govern your membership on Morning Envelope.com and its associated mobile sites (the “Morning Envelope Sites” or the “Sites”) and your purchases and use of products and services available through the Morning Envelope Sites.

By establishing membership on the Morning Envelope Sites, or purchasing or using products or services through the Morning Envelope Sites, you acknowledge and agree as follows:

  1. GENERAL

These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Morning Envelope, enforceable against you in accordance with the Terms of Service. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You shall establish and use your membership on the Morning Envelope Sites, and purchase and use the products and services available through the Morning Envelope Sites, in strict compliance with the Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Morning Envelope may be recorded.

  1. MORNING ENVELOPE MEMBERSHIP
    1. Establishing a Membership:

You may establish membership on the Morning Envelope Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Morning Envelope’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

  1. Use of Membership:

You shall not use your Morning Envelope membership for any purpose competitive to Morning Envelope. You will notify Morning Envelope immediately by emailing support@Morningenvelope.com of any unauthorized use of your Morning Envelope membership or the Morning Envelope Sites known to you, whether by you or a third party.

  1. Membership Termination

You may cancel your Morning Envelope membership at any time by contacting Morning Envelope customer support as specified on the “Contact Us” page on the Morning Envelope Sites. Morning Envelope may terminate your membership and refuse any and all current or future use of the Morning Envelope Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Morning Envelope determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Morning Envelope determines, in its sole discretion, that you are using your Morning Envelope membership in a manner not permitted by the Terms of Service or the Terms of Use, or (4) in other circumstances, as Morning Envelope deems appropriate in its sole discretion.

  1. USER CONDUCT

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service. You agree to not use the Service to:

  1. post, email or otherwise transmit any content that:
    1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, or hateful racially, ethnically or otherwise objectionable;
    2. you do not have a right to transmit under any law or under contractual or fiduciary relationships;
    3. infringes any intellectual property or other proprietary rights of Morning Envelope or any other party;
    4. constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
    5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    6. in the sole judgment of Morning Envelope, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Morning Envelope or its users to any harm or liability of any type;
  1. "stalk", harass or otherwise violate the legal rights of others;
  2. harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  4. download any file that you know, or reasonably should know, cannot legally be distributed in such manner;
  5. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or
  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  7. violate any terms which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
  8. use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service; or
  9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
  1. PURCHASES
    1. Order Processing:

Morning Envelope may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur if we suspect the request is fraudulent, or in other circumstances Morning Envelope deems appropriate in its sole discretion. Morning Envelope also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Morning Envelope will either not charge you or refund the charges for orders that it does not process or cancel.

  1. Product and Service Descriptions:

Morning Envelope attempts to provide accurate descriptions of products and services on the Morning Envelope Sites.

  1. INDEMNITY

You agree to indemnify and hold Morning Envelope and the Morning Envelope Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any event posted on, or promoted through, the Service or publicly distributed on the web, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the TOS or your violation of any rights of another.

  1. LIMITATION OF LIABILITY
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MORNING ENVELOPE AND THE MORNING ENVELOPE ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MORNING ENVELOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE POSTING OF OR ATTENDANCE AT ANY EVENT, (II) THE USE OR INABILITY TO USE THE SERVICE,;(III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL MORNING ENVELOPE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
  1. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
  1. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement of between you and Morning Envelope regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into this Agreement. In the event there is a conflict between the Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.

  1. SEVERABILITY

If any provision of the Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

  1. MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that Morning Envelope may, in its sole discretion, modify, add or remove any portion of the Terms of Service at any time and in any manner, including the terms of Morning Envelope membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.MorningEnvelope.com/company/termsOfUse. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

  1. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your Morning Envelope membership, or any general legal principles to the contrary, any provision of the Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of your Morning Envelope membership.

PRIVACY POLICY

Morning Envelope, LLC appreciates your visit to our website and thanks you for your interest in our company, our products and our services. Protection of your privacy and personal data is an important matter for us. This Privacy Notice describes the types of personal information we collect, how we use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.

We protect your personal information using industry-standard safeguards. The phrase “personal information” refers to information by which you or the device you are using to connect to the Internet can be identified. We may share your information with your consent or as required by law as detailed in this policy, and inform you when we make significant changes to this Privacy Policy.

To protect your privacy, we adhere to six guiding principles. We only provide personal information to third parties only: (1) with your consent; (2) where it is necessary to carry out your instructions; (3) as reasonably necessary in order to provide our features and functionality to you; (4) when we reasonably believe it is required by law, subpoena or other legal process; or (5) as necessary to enforce our User Agreement; or (6) protect the rights, property, or safety of Morning Envelope, its Members and Visitors, and the public.

Information We Collect

We may obtain personal information about you from various sources, including this and other MORNING ENVELOPE websites, mobile applications, when you call or email us or communicate with us through social media, or when you participate in events or other promotions. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties.

The types of personal information we may obtain include:

  1. Your contact information for Individual account (such as name, Twitter handle, and email address, or phone number)
  1. Your contact information for Corporate account (such as name, company name, Twitter handle, email address, or phone number and other professional details)
  2. Providing additional information enables you to derive more benefit
  3. Contact information of friends or other people you would like us to contact
  4. Username and password for the account you may establish on our sites
  5. Other details that you may submit to us or that may be included in the information provided to us by third parties.

When you visit our websites or use our mobile applications, we may collect information by automated means, such as cookies and web beacons. In addition, we use cookies to help personalize your Morning Envelope experience and show you relevant ads. A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server. We also may use third-party website analytics tools (such as Omniture or Google), that collect information about visitor traffic on our sites and mobile applications. The information we may collect by automated means includes:

  1. Browser type
  2. Operating system
  3. Internet Protocol
  4. URLs that refer visitors to our sites
  5. Dates and times of visits to our sites
  6. Information on actions taken on our sites (such as page views and site navigation patterns)
  7. A general geographic location (such as country and city) from which a visitor accesses our websites.

How We Use the Information We Collect

We may use the information we obtain about you to:

  1. Register you for membership at our websites, and manage and maintain your account on the sites
  2. Provide products or services you request
  3. Process, validate, confirm, verify, deliver and track your purchases (including by processing payment card transactions, and contacting you about your orders, including by telephone)
  4. Maintain a record of the purchases you make on our sites
  5. Respond to your questions and comments and provide customer support
  6. Communicate with you about our products, services, and offer you products and services we believe may be of interest to you
  7. Enable you to communicate with us through our blogs, social networks and other interactive media
  8. Publish your testimonials about MORNING ENVELOPE, including on our websites and blogs, and on social networks (if we choose to publish your testimonial, we will include only your first name, last initial, city and state)
  9. Tailor our products and services to suit your personal interests and the manner in which visitors use our sites, applications and social media assets
  10. Operate, evaluate and improve our business and the products and services we offer
  11. Analyze and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read)
  12. Analyze trends and statistics regarding visitors’ use of our sites, mobile applications and social media assets, and the purchases visitors make on our sites
  13. Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users
  14. Enforce our Website Terms of Use and Terms and Conditions
  15. Comply with applicable legal requirements and industry standards and our policies

In addition to the data uses described above, we may use the information collected through cookies and other automated means to uniquely identify the electronic shopping basket you may create on our sites and enable you to retrieve shopping baskets you previously created. We also may use cookies to identify and authenticate visitors.

We may combine the information we collect with publicly available information and information we receive from business partners and other third parties. We may use that combined information to enhance and personalize your experience with us, to communicate with you about products, services and events that may be of interest to you.

Advertising Technologies and Web Beacons

On our websites, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on this and other sites because we participate in advertising networks. Ad networks allow us to target our advertising to users through demographic, behavioral and contextual means. These networks track your online activities over time across third-party websites or online services by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other methods. The networks use this information to show you advertisements for MORNING ENVELOPE and our business partners that are tailored to your individual interests. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors‘ advertising networks, such as the pages or advertisements you have viewed, and the actions you take on the sites. This data collection and ad targeting take place both on our websites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

Information We Share

We do not sell or otherwise disclose personal information about you, except as described in this Privacy Notice.

We may share the personal information we collect with our parent, affiliate and subsidiary companies, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Privacy Notice, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. We also may share personal information with our service providers who perform services on our behalf. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell, merge or transfer all or a portion of our business or assets. Following such a sale, merger or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

Your Obligations and Choices

As a Member, you have certain obligations imposed by applicable laws and regulations and others incorporated via Morning Envelope Terms of Service. As a member of  Morning Envelope:

  1. You must, at all times, abide by the terms and conditions of the current Privacy Policy, User Agreement, and other policies of Morning Envelope. This includes respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights.
  2. You must not upload or otherwise disseminate any information that may infringe on the rights of other members or which may be deemed to be injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Morning Envelope and its community of Members.
  3. You must keep your username and password confidential and not share it with others.

Any violation of these guidelines or User Agreement may lead to the restriction, suspension, or termination of your account at the sole discretion of Morning Envelope.

Also, we offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.

You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to MORNING ENVELOPE’S use or disclosure of your personal information will mean that you cannot take advantage of certain MORNING ENVELOPE offerings or site features.

Here are the choices we offer:

Sharing Information with Business Partners

You may direct MORNING ENVELOPE not to share your personal information with our business partners for those partners’ own purposes. To do so, please email us at support@morningenvelope.com. If you opt out, we will continue sharing your information as otherwise described in the “Information We Share” section of this Privacy Notice, including with our service providers, to fulfill your requests and to comply with legal requirements.

Geo-Location Information

When you use a MORNING ENVELOPE application on your mobile device, you may choose not to share your geo-location details with us by adjusting the device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

Cookies

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of our sites’ features. In addition, disabling cookies may cancel opt-outs that rely on cookies, such as web analytics or targeted advertising opt-outs.

Access and Correction

You may obtain a copy of certain personal information we maintain about you or update or correct inaccuracies in that information by updating your online account information. In addition, you may request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section of this Privacy Notice. If we deny an access request, we will notify you of the reasons for the denial.

Links to Other Websites

Our websites may contain links to other sites for your convenience and information. These sites may be operated by companies not affiliated with MORNING ENVELOPE. Linked sites may have their own privacy notices, which you should review if you visit those websites. We are not responsible for the content of any websites not affiliated with MORNING ENVELOPE, any use of those sites, or those sites’ privacy practices.

Data Transfers

This is a U.S. website subject to U.S. laws, including those governing the privacy and security of your information. When we obtain personal information about you, we may process the information outside of the country in which you are located. The countries in which we process the information may not have the same data protection laws as the country in which you are located. We will protect your information as described in this Privacy Notice.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to assist us in protecting the personal information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use Secure Sockets Layer encryption to protect certain of your purchase information while in transit.

Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.

To further protect yourself, you should safeguard your MORNING ENVELOPE account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our sites. Please note that we will never ask for your MORNING ENVELOPE account user name or password via email.

For additional details about the security measures, please see our Information Security Policy.

Children’s Privacy

MORNING ENVELOPE does not direct its websites to children under the age of thirteen. Registered users must be at least eighteen years old. If we learn that a user is under eighteen years of age, we will promptly delete any personal information that the individual has provided to us.

Updates to this Privacy Notice

This Privacy Notice may be updated periodically and without prior notice to reflect changes in our personal information practices. We will post a prominent notice on our websites to notify you of any significant changes to our Privacy Notice and indicate at the bottom of the notice when it was most recently updated.