Welcome.

These Terms of Service are a contract between you and Morning Spanish, a company with its principle place of business at 100 NE 78th Ave, Portland, OR 97213 USA (“Morning Spanish”). Morning Spanish operates www.morningspanish.com (“Morning Spanish Site”) and the email newsletter service accessible there (collectively the “Service”). By using the Morning Spanish Site and any services accessible from the Morning Spanish Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Morning Spanish Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE MORNING SPANISH SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE MORNING SPANISH SITE AT YOUR OWN RISK.

Your Account.

In order to sign up for the newsletter on the Morning Spanish Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Morning Spanish during the registration process. Personally identifiable information submitted by you shall be subject to Morning Spanish’s Privacy Policy.

License Grants & Restrictions.

Morning Spanish hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Morning Spanish Site and Service, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Morning Spanish Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Morning Spanish Service. All rights not expressly granted to you are reserved by Morning Spanish and its licensors. You shall not (i) modify or make derivative works based upon the Morning Spanish Site; (ii) reverse engineer or access the Morning Spanish Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Morning Spanish Site, or (c) copy any features, functions or graphics of the Morning Spanish Site. You further acknowledge and agree that, as between the parties, Morning Spanish owns all right, title, and interest in and to the Morning Spanish Site, including all intellectual property rights therein.

Your Responsibilities.

You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Morning Spanish Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.

You shall: (i) notify Morning Spanish immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Morning Spanish immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

Indemnification.

Morning Spanish will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Morning Spanish Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Morning Spanish is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Morning Spanish Site; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.

Feedback.

In the course of using the Morning Spanish Site, you may provide Morning Spanish with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Morning Spanish Site (collectively “Feedback”). You hereby grant Morning Spanish a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Payment and Refunds.

A valid PayPal account or credit card is required for paying accounts. The Morning Spanish Service is billed in advance on a monthly, quarterly or yearly basis in accordance with our pricing schedule and all payments are non-refundable, except within the first 30 days of opening an account. There will be no refunds or credits for partial months of Service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

If you are not satisfied with the Service within the first 30 days of signing up, you may request a full refund in writing to support@morningspanish.com. Following the first 30 days, all payments are non-refundable.

You will be billed for your first month, quarter or year immediately upon signing up for a paying account. After signing up for a paying account and you don’t cancel that account within the period you signed up for, you will be billed monthly, quarterly or yearly (depending on which plan you signed up for).

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

Violation of these Terms of Service.

Morning Spanish reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Morning Spanish may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Morning Spanish has no obligation to pre-screen or monitor your access to or use of the Morning Spanish Site or any information, materials or other content provided or made available through the Morning Spanish Site, but has the right to do so.

Cancellation.

You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Unsubscribe link in the navigation bar at the bottom of the screen or writing Morning Spanish a letter to the following address:

100 NE 78th Ave, Portland, OR 97213 USA

The Unsubscribe page provides a simple no questions asked cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Morning Spanish once your account is cancelled. Please be aware that Morning Spanish may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.

Termination.

Morning Spanish, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. In each such case Morning Spanish may refuse to provide you any current or future use of the Morning Spanish Site, or any other Morning Spanish Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Morning Spanish once your account is terminated; however Morning Spanish may for a time retain residual information in our backup and/or archival copies of our database.

Morning Spanish reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Morning Spanish Site and Prices.

Morning Spanish reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Morning Spanish Site and Service (or any part thereof) with or without notice.

Prices of all Morning Spanish Sites, including but not limited to monthly subscription plan fees to the Morning Spanish Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Morning Spanish Site.

Morning Spanish shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Morning Spanish Site.

Morning Spanish reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Morning Spanish Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Morning Spanish Site after any such changes shall constitute your consent to such changes.

Disclaimer of Warranties.

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE MORNING SPANISH SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. MORNING SPANISH AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MORNING SPANISH AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. MORNING SPANISH DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE MORNING SPANISH SITE WILL BE CORRECTED. MORNING SPANISH AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. MORNING SPANISH AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MORNING SPANISH SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MORNING SPANISH SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT ON THE MORNING SPANISH SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL MORNING SPANISH OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR MORNING SPANISH SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MORNING SPANISH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR MORNING SPANISH SITE, FROM INABILITY TO USE THE SERVICES OR MORNING SPANISH SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR MORNING SPANISH SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR MORNING SPANISH SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MORNING SPANISH SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Morning Spanish or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Morning Spanish.

Questions about the Terms of Service should be addressed to support@morningspanish.com or by mail at: Morning Spanish, 100 NE 78th Ave, Portland, OR 97213 USA.

Questions about billing should be addressed to support@morningspanish.com.