Mary Morgan Master Terms and Conditions of Service
Welcome to the products and services ("Services") provided by Mary Morgan, LLC, located at Farmington, MN 55042 ("we", "us", "our" or "Mary Morgan"). By using our Services, you are agreeing to the terms below. Please read them carefully and if you have any questions contact us at terms@MaryMorgan.co
Structure of Our Terms and Conditions
These Master Terms of Service (the "Master Terms") contain the terms and conditions that apply to all of our Services. In addition to these Master Terms, each of our individual Services may be subject to additional terms and conditions that are specific to those Services only ("Additional Terms"). When you use these individual Services, the applicable Additional Terms will apply to you, and will automatically be incorporated into these Master Terms by reference ("Terms" means these Master Terms, along with any applicable Additional Terms).
Changes to Services and Terms
Mary Morgan regularly updates and improves the Services, and may at times remove features in order to improve your ability to use the Services. Because we are constantly trying to improve our Services, these Terms may also need to change. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, and/or by sending you an email and/or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Please note that we do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@MaryMorgan.co
Basics of Using the Services
In order to use certain of our Services, you may be required to sign up for an account, and to select a password and user name ("User ID"). You will provide accurate, complete, true and updated registration information about yourself. You may not select as your User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.
You must follow all applicable laws in your use of the Services, including applicable Campaign, Campaign finance, export and re-export control laws and regulations. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law. The Services are provided by a U.S. company. We may suspend or terminate services if you do not follow our Terms, and customers removed by Mary Morgan may not be allowed any future access to the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the "Services Content") are protected by copyright and/or other intellectual property laws. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Services Content that you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Services Content not owned by you, (i) without the prior consent of the owner of that Services Content or (ii) in a way that violates someone else's (including Mary Morgan's) rights.
You understand that Mary Morgan owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in the Terms), creative derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Services Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they do!
You understand that any data you enter or upload into the service becomes property of Mary Morgan and may be used to improving the service for all users. You expressly authorize Mary Morgan to make the data available to third parties for the purpose of storing, enhancing, processing and using the data to perform the service for you and derive certain conclusions to enhance the service for you and all other users. Mary Morgan will not intentionally rent or sell the data you uploaded to any third party.
These Terms grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Services, subject to your compliance with all of the Terms. Mary Morgan may terminate this license at any time for violation of our terms and policies.
OPT IN Information
Mary Morgan will use opt in information to identify only those people wanting message and will not share or sell opt in information. Mary Morgan will not send customer SMS upon receiving a STOP message. Typically messaged are only send twice per week.
Termination of Services
Unless you have a separate agreement with Mary Morgan specifying otherwise, the TeamUpWith subscriptions to our basic service is for a minimum of 12 months. Subscriptions renew automatically for 12 months terms unless they were terminated in writing no less than 60 days prior to the end of the term. SwipeRed subscriptions renew automatically for 30 day terms unless they were terminated in writing no less than 30 days prior to the end of the term.
Mary Morgan is free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms, non timely payment, etc. Mary Morgan has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Termination or interruption of any of the services are explicitly accepted as remedies under the agreement. (This means, we may shut your website and/or any other service down if you are late with payments for any of our services.)
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any warranty disclaimers, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Acceptable Use Policy
In addition to the general restrictions contained above, your use of our Services is subject to our then-current Acceptable Use Policy, which is a part of the Master Terms.
Responsibility for Content
Content and information displayed on the Services is the sole responsibility of the person or organization providing that content, and you access all such content and information at your sole risk. We aren’t liable for any errors or omissions in that content or information, or for any damages or loss you might suffer in connection with it. We do not review content posted on the Services, and any issues with that content should be directed to its owners. You are solely responsible for interactions with other users of the Services.
If there is a dispute between participants on this site, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Mary Morgan, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "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."
If you're using any of our Services on behalf of an organization or entity, you affirm that you have the right to act on behalf of that organization or entity, and that these Terms apply to the organization or entity (and all references to "you" and similar terms refer to that organization or entity). The organization or entity will hold harmless and indemnify Mary Morgan (and its affiliates, officers, agents, and employees) from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Certain aspects of the Services may allow you to obtain reputational or status indicators, and/or fictional property representing virtual achievements, for instance, political capital ("Badges"). You have a limited license to these Badges and it is not redeemable for any value from Mary Morgan. We have the right to change or eliminate Badges at any time without liability.
We work hard to provide high-performance services and will work with you to provide an excellent customer experience, but there are certain things we don't promise.
Other than as expressly set out in these Terms or Additional Terms, neither Mary Morgan nor its partners, suppliers or API application providers make any specific promises about the Services. We don't make any commitments about the content within the Services, the specific function of the Services, or their reliability, legality, availability, or ability to meet your needs. We provide the Services "AS IS" and you use them at your own risk. To the extent permitted by law, we disclaim all warranties, express or implied, including, without limitation the warranties of merchantability, fitness for a particular purposes, and non-infringement.
Limitation of Liability
To the fullest extent permitted by law, Mary Morgan and Mary Morgan's partners, suppliers and API application providers will not be responsible (under any legal or equitable theory) for: (1) lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary or punitive damages; or (2) any amounts (in the aggregate) in excess of the amount you paid us to use the Services, or (3) any loss or damage that is not reasonably foreseeable or that is outside of their reasonable control.
You explicitly agree that the value of any claim you may bring against Mary Morgan will be limited to the amount of subscription payments made during the 12 month prior to the claim.
Copyright Dispute (DMCA)
We respect others' intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To report potentially infringing content, contact us at terms@Mary Morgan.co.
We have the rights to enforce these Terms even if we don't do so right away. You cannot reassign the duty to abide by these Terms or your rights hereunder, but Mary Morgan may reassign these Terms in order to continue to provide the Services.
The Terms are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Mary Morgan that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Hastings, Minnesota, unless submitted to arbitration as set forth in the following paragraph.
Mary Morgan may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Services, as determined by us. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add terms@Mary Morgan.co and Info@Mary Morgan.co to your email address book to help ensure you receive email notifications from us.
The Terms, together with any amendments and any additional agreements you may enter into with Mary Morgan in connection with our Services, shall constitute the entire agreement between you and Mary Morgan concerning the Services. You may be subject to additional third-party terms and policies based on your use of the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Mary Morgan in any respect whatsoever. You and Mary Morgan agree there are no third party beneficiaries intended under these Terms.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mary Morgan's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Changes to This Policy
We're constantly trying to improve our Services, so we may need to change this Acceptable Use Policy from time to time as well, but we will alert you to changes by placing a notice on the Services, by sending you an email, and/or by some other means. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Master Terms of Service or changes to any other terms and conditions have been posted, means you agree to all of the changes.
Last Updated: 9 December 2021
Addendum to Master Terms and Conditions of Service:
Mary Morgan Acceptable Use Policy
These additional terms apply to your use of the Services provided by Mary Morgan. Please note that the Mary Morgan's Services are at all times subject to our Master Terms and Conditions of Service located at www.Mary Morgan.co/terms (the “Master Terms”), which incorporate this Acceptable Use Policy. Any terms we use in this Acceptable Use Policy without defining them have the definitions given to them in the Master Terms.
When you use the Services (including any posting or uploading or information or content), you must not:
- use the Services outside of the interfaces we have provided or remove or alter notices or logos provided with the Services
- engage in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (note: while the Services may include features intended to assist you in complying with these legal obligations, you will remain fully responsible for any non-compliance even if you use such features)
- conduct penetration tests of any Services-related system or network
- use extreme bandwidth capacity in a way that threatens our infrastructure
- attempt to access other users data that you are not authorized to access
- upload viruses or malware or attempt to overload the system with email or traffic
- promote commercial services that are not your own unless you are authorized to do so
- infringe or violate the intellectual property rights, privacy rights or any other rights of anyone else (including Mary Morgan)
- violate any law or regulation, including (without limitation) copyright infringement, child pornography, or inciting violence.
- post or upload any content that, in Mary Morgan's reasonable discretion, may expose Mary Morgan to civil or criminal liability
- jeopardize the security of your Services account or anyone else's (such as allowing someone else to log on as you on the Services)
- attempt, in any manner, to obtain the password, account, or other security information from any other user
- violate the security of any computer network, or crack any passwords or security encryption codes
- "crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or any content available through the Services (through use of manual or automated means)
- decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Changes to This Policy
Changes to this policy are governed by the Master Agreement.
Last Updated: 9 December 2021
Addendum to Master Terms and Conditions of Service:
We care about how your personal information is used and shared, and we take your privacy seriously.
We are not responsible for the practices of sites linked to or from the Services, or for the privacy practices of our other customers on the Services, and before interacting with any of these sites you are advised to review their rules and policies before providing them with any private information.
As noted in the Master Terms, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for our Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. Please reach us at privacy@Mary Morgan.co with any concerns.
Information We Collect
When you sign up for the Services, you provide us with information such as your name, phone number and email address. We may also collect information from your public social media accounts.
When you use the Services, we may send cookies - small text files containing alphanumeric characters - to your computer to identify your browser and help enhance your experience with the Services. You can set your web browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Services may not function properly if the ability to accept cookies is disabled. We may use tiny images known as clear GIFs to track behavior of users, including statistics on who opens our emails.
Our servers automatically record certain log file information reported from your browser when you access the Services. These server logs may include information such as which pages of the Service you visited, your internet Protocol ("IP") address, browser type, and other information on how you interact with the Services.
Mary Morgan uses Google Analytics to help us understand use of our Services.
Financial information connected to payments may be collected or stored by a third-party payment processor and is subject to their terms and policies.
How We Use Your Information
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service. Mary Morgan may use certain information about you internally for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
By providing Mary Morgan your email address (including by "following," "liking," linking your account to the Mary Morgan service, etc., on a third party website or network), you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may unsubscribe using the link in the emails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails.
Following termination or deactivation of your account, Mary Morgan may retain your profile information and all information posted to the Service.
How We Share Your Information
Any personal information or content that you voluntarily disclose for posting to the Service becomes available to the public, as controlled by any applicable privacy or website customization settings. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Mary Morgan services.
The nature of the Mary Morgan services necessitates to publish data received from subscribers and to share this data with third parties. You authorize Mary Morgan to use the data you provided as Mary Morgan sees necessary. Mary Morgan cannot and will not be held liable for any use, abuse, misuse or violations of privacy or copyrights of any data entered into the system; we also can not guarantee that data will not be used in a way the subscriber may object to.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. However, we do agree to continuously review, adopt, and utilize commercially reasonable standards with respect to any software, hardware, or processes we use on your (and our own) behalf to support privacy and security efforts and expectations. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Last Updated: 21 December 2021
This policy pertains to political campaigns and organizations and is intended to satisfy the requirements of FEC Regulations (CFR 109.21) regarding firewalls to prevent coordination between candidates and Organizations that make independent expenditures for the same candidates.
To prevent the actual coordination or even the appearance of coordination between a candidate and a 3rd party, no employee of Mary Morgan shall work in a creative or consultative role with a candidate or their campaign and the independent expenditure organization supporting the same candidate during the same election cycle. Further, technical support tickets from independent expenditure organizations shall not be assigned to support personnel supporting a candidate benefiting from the organization's efforts.