In some cases, where Morning Chalk Up may present content or information regarding a third party, partner or associated body, additional disclosures and disclaimers may be present. Please read them carefully and ensure that you fully understand them before taking action via The Service.
You may only access or use the Service (including registering for the Service) if (1) you are 18 years of age or older. If you are under the age of 18, you are not authorized to use the Service and must cease all use of the Service. The Service is for your personal, non-commercial use. You may not use the Service if we have terminated your account or banned you.
- Use any portion of the Service.
- Publish, contribute, access or view any Content (defined below) on or through the Service.
Registration Information and Passwords for the Service:
2. Email Address. You must ensure that the email address you provide is accessible from the time that you provide the email address and that the email account is not unable to receive emails due to forwarding of emails, closure of the email account, or a full inbox.
a. Deletion of Account. You may erase or delete your own user account at any time for any reason. To delete your account, please send a request to [email protected]. After you have deleted your account, Morning Chalk Up shall have the right to delete any and all content and other data generated by you. By deleting your account, you also lose access to any content or features of the Service that you may have already purchased. In the event that you purchased a subscription from Morning Chalk Up for use of the Service, Morning Chalk Up shall not refund – even on a pro rata basis – any amounts paid for subscriptions still running at the time of deletion or for other additional services for which you may have prepaid. Deletion of your user account constitutes termination of this Agreement, including without limitation any ongoing subscription.
b. User Account after Termination or Expiration of Subscription. Your user account may be terminated or remain in place after any subscription for the Service or Service has terminated or expired. You must expressly ask Morning Chalk Up to delete your user account in order to ensure that the account is deleted after termination of this Agreement.
Content and Intellectual Property Ownership: The information published on or through the Service (including without limitation Communications (defined below)), may include data, text, software, scripts, images, graphics, photographs, video recordings, audio recordings (including without limitation sounds or music), audiovisual combinations, and other interactive or similar materials (the “Content”), that has been provided by users such as yourself, Morning Chalk Up, our third party licensors or suppliers (such third party licensors or suppliers hereinafter “Third Party Licensors”), or other private or public organizations and entities that have been granted rights to access and publish Content on the Service (“Third Party Vendors”). The Content provided by Morning Chalk Up, Third Party Licensors or Third Party Vendors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. as well as foreign trademark and copyright laws and international treaty provisions.
The “look and feel” of the Service (including cfraolor combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors or Third Party Vendors) are also Morning Chalk Up’s trademarks and/or copyrights, as the case may be.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SERVICE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. MORNING CHALK UP AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
Any unauthorized use of Content accessed through the Service may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Service is strictly forbidden. In cases where you feel like a copyright or other intellectual property right may have been infringed upon we ask that you contact us as instructed in this Service.
You acknowledge and agree that your reliance on the Content is solely at your own risk.
In cases where you believe information found on the Service may be inaccurate or needs to be updated we ask that you contact us at [email protected]. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Service, please contact Morning Chalk Up at [email protected].
If you have a good faith belief that the Service contains material which infringes upon your copyrighted work, please submit the following information to our designated copyright agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- An identification of the copyrighted work and the location on the Service of the allegedly infringing work;
- A written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- Your name and contact information, including, without limitation, telephone number and email address; and
- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You represent and warrant that your Communications contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to post, upload, republish, display, distribute, or transmit your Communications.
- Do not promote, discuss or mention any activity that is illegal under the laws of any state in the United States or under U.S. federal law.
- Communications regarding a business listed on Morning Chalk Up must be based on your personal experience with that business.
- Do not post Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights.
- Do not post Content that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of Morning Chalk Up or any third party.
- Delete any attributions, legal notices or proprietary designations or labels on Content that you upload to the Service.
- Provide any false or intentionally inaccurate or misleading information when registering for or using the Service, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
- Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Service for any unlawful purpose.
- Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
- Take any action which imposes an unreasonable or disproportionately large load or burden on the Service or use the Service in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Service, or in a manner that adversely affects the Service and/or the availability of its resources to other users including without limitation posting Communications that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Service, or otherwise used in connection with the operation of the Service (including, without limitation, the Service).
- Attempt to probe, scan or test the vulnerability of a system or network related to the Service, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Service (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
- Collect or attempt to collect any information of other users of the Service, registered members or other members of the public without the subject’s consent, including without limitation usernames and passwords for the Service, Service account information, and personally identifiable information.
Violations of Service or network security may result in civil or criminal liability. Morning Chalk Up reserves the right to investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Feedback Regarding the Service: You may provide suggestions, comments or other feedback on the operation of the Service, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Service Feedback”). Such Service Feedback is voluntary and Morning Chalk Up has the perpetual right to use any or all of such Service Feedback for any purpose without any obligation to you of any kind, although Morning Chalk Up will not publicly disclose the source of such feedback.
Disclaimer of Warranty: YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE ARE AT YOUR SOLE RISK.
MORNING CHALK UP DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE SERVICE BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANYTHIRD PARTY LICENSORS, THIRD-PARTY VENDORS OR REGISTERED USERS OF THE SERVICE.
MORNING CHALK UP disclaims any warranty or obligation that it will monitor, verify, edit, remove or continue to display any CONTENT and/or COMMUNICATIONS and all liability for monitoring, verifying, editing, removing or continuing to display any Content.
Third Party Sites. Morning Chalk Up may provide through the Service links or references to Internet sites maintained by third parties, or such third-party sites may have links to the Morning Chalk Up Service. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by Morning Chalk Up. Morning Chalk Up does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. Morning Chalk Up assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS SERVICE AND YOU ACKNOWLEDGE THAT MORNING CHALK UP SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SERVICE, OR COMMUNICATIONS POSTED TO THE SERVICE, FOR ANY REASON WHATSOEVER.
You agree that you will cooperate as fully and reasonably as required by Morning Chalk Up in the defense of any claim arising out of your use of the Service. Notwithstanding the foregoing, Morning Chalk Up reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against Morning Chalk Up arising out of or related to your use of the Service, and in no event shall you settle any such claim without Morning Chalk Up’s prior written approval.
Governing Law; Arbitration and Venue:
1. Governing Law. This Agreement (including the arbitration agreement in this section where applicable) and all matters relating to this Agreement shall be governed by and construed in accordance with the laws in the State of Texas without reference to conflict of laws principles;
2. Arbitration. By agreeing to arbitrate your claims against Morning Chalk Up, YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY. Any dispute, controversy or claim arising under, out of or relating to this Agreement shall be finally determined by arbitration conducted by the Judicial Arbitration and Mediation Service (“JAMS”) (or, if unavailable, then such other similar group that can provide former judges as arbiters) in accordance with JAMS’ rules of arbitration, by a single arbiter who is skilled and experienced with mobile application, cloud or internet services. The place of such arbitration shall be inComal County, Texas. The judgment of the arbitrator shall be final, non-appealable (to the extent not inconsistent with applicable law) and binding upon the parties, and may be entered in any court of competent jurisdiction.
3. Exception for Provisional Equitable Relief. Notwithstanding any provision in this Agreement, either party may request any judicial, administrative, or other authority in any other jurisdiction to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institute of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies.
4. Waiver of Class Action Claims. By agreeing to arbitrate your claims against Morning Chalk Up, IN ADDITION TO GIVING UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY, YOU GIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
5. Conflicts of Laws. This Agreement shall not be governed by the conflict of laws rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.