Terms & Conditions
Morningsidegifts.com (collectively, “our,” “us,” or “we”) operates websites and provides products and services through mobile and other applications. We refer to these as “sites,” “services,” or “our sites and services.” Due to the nature of our website Morningsidegifts.com as it currently operates, these terms only apply where there is a direct link to our Terms of Service. Should there be a supplemental agreement (Terms of Service) provided by a merchant, third-party, or affiliate, those Terms will be in control from that point. These Terms of Service do not apply to those sites and services that do not display of link to this website.
Terms of Service.
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND “Morningside Gifts,” THE OWNER AND OPERATOR OF THE WWW.MorningsideGifts.COM WEBSITE (THE “SITE” or “the Company). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AS WELL AS YOUR PURCHASE OF PRODUCTS SOLD ON THIS SITE. BY USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT AND AGREE WITH THIS AGREEMENT.
We hold the right to monitor and regulate content (postings, written copy, images, videos, and any other user content) posted to or stored on our site by any user. We hold the right to enforce these Terms of Service for any reason we deem necessary.
You are solely responsible for your access to, use of and/or reliance on any user content. We do not control, are not responsible for and make no representations or warranties with respect to any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content. You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these Terms of Service or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these Terms of Service as stated in the introductory paragraphs above. You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly assign and grant to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
Any user may create and maintain no more than one account per unique offering. The account must be created manually and may not be created by any automatic means. The user is prohibited to purchase/sell any account.
4. Description of Service
Morningsidegifts.com provides monthly gift clubs as well as single, one-time gifts. These gifts are delivered monthly, once, or however you choose from our available options.
You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your use of the Site or Service, a violation of these Terms of Service by you, the infringement by you (or other user of the account of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
Morningsidegifts.com holds the right to terminate your use of Morningsidegifts.com Service for any reason, or no reason at all. This includes but is not limited to, violation of these Terms of Service, or inappropriate use of these products or services.
7. Transactions with Organizations or Individuals (Links to third party sites)
Morningsidegifts.com shall not be liable for any transaction made between consumer and third-party sites. These include but are not restricted to resellers and affiliates. All disputes arising from the purchase of a product from third party sites should be referred to the respective site’s Terms of Service.
8. Violation of Terms by other users
Morningsidegifts.com asks that you report any activity from any other user that violates this Terms of Service. To report any abuse of the Terms please send us an email to email@example.com.
9. Payment and Refunds
Payment Terms: If you order any product or service that requires payment, you agree to pay the then-current applicable fee listed on the Site or quoted to you by the Company whether that payment is direct to the Company or a Third-party designated by the Company. Payment terms are within Morningsidegifts.com’s sole discretion, and unless otherwise agreed to by us, payment must be made at the time of purchase. Your order is subject to cancellation by the Company, at the Company’s sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.
Refunds: If you are dissatisfied with any of our gift products or services for any reason, we will refund the amount you paid for your most recent gift month. Refund requests must be made directly to morningsidegifts.com at Support@morningsidegifts.com or by calling (800) 722-1514. All refund requests must be made within (30) thirty days of the date of shipment by morningsidegifts.com or their authorized agents. Refunds will be processed within (5) five business days from receipt of your refund request. Morningsidegifts.com does not control when a specific credit card company processes a refund. You are responsible for contacting your credit card company if you have questions about the status of the refund.
Payment Methods Accepted Forms of Payment: morningsidegifts.com accepts credit card payments only. In the future if morningsidegifts.com adds new payment methods, we will announce that on the Site. You agree to all fees charged to your account based on morningsidegifts.com fees, charges and billing terms. You are responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of products based on the address that you provide as the shipping address when you purchase one of our gift products. You authorize morningsidegifts.com or the third party payment processing service provider that we contract with to charge your credit card in advance to shipping the products. If you do not pay on time or if your credit card cannot be charged for any reason, morningsidegifts.com reserves the right to either suspend or terminate your gift order. You may be notified as such prior to cancellation, giving you the opportunity to update your payment information.
All payments will be made in US Dollars. Updated Credit Card Information: Morningsidegifts.com and our third party payment service provide may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to morningsidegifts.com and our third party payment service provider at the election of your credit card issuer. Morningsidegifts.com and our third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service. Purchase Methods: Customers can make purchases as follows: Customers can pay the full amount at time of purchase; on the website this is termed “Pay in Full”. Customers can pay by installments that are equal to the number of months that they select; on the website this is termed “Pay Monthly”. For “Pay Monthly” the first month’s payment is due when the transaction is made. Future months are made on or about the day of the following month from the date of your original purchase for each subsequent month. For “Pay Monthly” payments for any club they are made over equal payments.
PLEASE NOTE THAT THE SERVICE IS NOT AN AUTO-RENEWAL OR SUBSCRIPTION SERVICE. CUSTOMERS MUST CHOOSE THE TIME PERIOD FOR WHICH THEIR GIFT WILL COMMENCE AND COMPLETE AT THE TIME OF PURCHASE. MORNINGSIDEGIFTS.COM WILL NOT CONTINUALLY BILL CUSTOMERS AFTER THE EXPLICIT END DATE AGREED TO AT THE TIME OF PURCHASE. CUSTOMERS CAN CANCEL THEIR ORDER AT ANY TIME DURING THEIR MEMBERSHIP. THESE CANCELLATIONS WILL BE PROCESSED AND, IF NECESSARY, REFUNDS PROVIDED.
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
11. Limitations of Liability
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS OF SERVICE WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
a. Rules for Sweepstakes, Contests and Promotions In addition to the terms and conditions of these Terms of Service, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through our sites and services may be governed by specific rules. By participating in any such Promotion, you will become subject to those rules. To the extent that the terms and conditions of such rules conflict with these Terms of Service, the terms and conditions of such rules will control.
b. Reservation of Rights in our sites and services Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
c. Entire Agreement These Terms of Service (along with any documents linked to in these Terms of Service) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these Terms of Service), there are no third-party beneficiaries to these Terms of Service. If any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable, all other provisions of these Terms of Service will remain in full force and effect.
d. Electronic Communications When you use our sites and services, or send e-mails to us, you are communicating with us electronically. You therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
e. Electronic Contracting - Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
f. Feedback You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided by you.
g. Waiver Any failure by us to enforce or exercise any provision of these Terms of Service, or any related right, will not constitute a waiver of that provision or right.
h. Dispute - Informal Resolution. Most customer concerns can be resolved by writing to our customer service department at Support@morningsidegifts.com. In the unlikely event that our customer service department is unable to resolve a complaint your satisfaction, the terms of service govern dispute resolution between us.