Privacy Policy

The Morning Jerk

 

Terms of Use for TheMorningJerk.com & The Morning Jerk Mobile Applications

 

IMPORTANT – READ THE FOLLOWING CAREFULLY BEFORE CONTINUING WITH YOUR USE OF OUR SERVICE OR REGISTRATION.

 

Thank you for visiting our Service. These Terms of Use govern your visit, use of our Service, and interactions with our Service and other Users.

 

By accessing, utilizing or registering with any service provided by The Morning Jerk, you become a “User”. In order to access certain aspects of the Service or perform certain functions you will have to register and become a an “App User” or “Client” (as appropriate) of our Service. By becoming a User, App User, or Client you confirm that you have read these Terms of Use, that you understand them, and that you agree to be bound by them.

 

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations, policies and warranties set forth in these Terms of Use. If you are using or creating a User profile on The Morning Jerk as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Terms of Use refers to the representative, your company and or the legal entity.

 

The Morning Jerk, LLC (“The Morning Jerk”) offers this Service (defined below) to you, the User, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here (the “Terms of Use”). The Morning Jerk reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. We will provide notice of any changes to these Terms of Use on our homepage; however, it is your responsibility to periodically check these Terms of Use for changes. If you do not agree to these Terms of Use, discontinue the use of any services provided by The Morning Jerk. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

 

FINALLY, THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AT SECTION 27 THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ CAREFULLY.

 

  1. Definitions.
    1. App User” is a User that accesses our service through one of our mobile applications (also referred to collectively as, the “App”), and has completed the appropriate registration. In general, we do not allow App use by Users that have not registered with us by creating a User account or linking their Facebook account to our Service (described in Section 4).
    2. Client” is a User that has registered and completed our registration questionnaire, or that otherwise submits Content to our Service. Where registration or Content submission occur by a User acting on behalf of a Featured Person rather than such Featured Person directly, “Client” shall refer collectively to both the Featured Person and the person acting on his or her behalf.
    3. Client Data” means all data collected from a Client and includes registration information (including the Internet protocol (IP) address used by a Client at the time of registration), profile data, answers to The Morning Jerk questions, all other Content and other information provided by a Client, and statistical information and analytics relating to usage and interactions within the Service.
    4. Content” means any information a User submits to The Morning Jerk.
    5. Featured Person” means an individual whose record or other public information is displayed or described on our Service.
    6. “Service” means all services provided by The Morning Jerk including all information, software, products and services available from through our websites, mobile applications, desktop applications, or offered as part of or in conjunction with the same.
    7. “Third Party” means people, professionals, companies, organizations and all other entities that are conducting business with The Morning Jerk or that have established partnerships with The Morning Jerk to provide services to or participate in cross promotional marketing and services with The Morning Jerk.
    8. User” means any end user of The Morning Jerk, and includes a visitor, Client, and any browser. For the avoidance of doubt, when the words “you” or “your” is used in these Terms of Use, such terms refer to all Users. When these Terms wish to distinguish between a term applicable to a Client versus other Users, such distinction will be made clearly by expressly stating that the term refers to Clients.

 

  1. Innocent Until Proven Guilty. Please note, being arrested (and appearing on our Service) does NOT mean that a Featured Person is guilty of any crime; it only means they have been arrested. You should not construe any information presented on our Service to accuse any person of any crime. Arrest records are made available as a service to the public to support public safety. We source arrest records from various localities and arresting authorities and reproduce it within our Service. We make no representation or warranty as to the accuracy, reliability, or completeness of any arrest record.

 

  1. Overview of Service. The Morning Jerk is an online service provider that provides a set of technology services that enable Users to view local and national arrest information concerning Featured Persons. A User may be the subject of such arrest information. Such Users, known as Featured Persons, or individuals acting on their behalf may contact us through the “Request Removal” link provided on the page describing the Featured Person, and then become Clients. By becoming a Client you authorize The Morning Jerk to share Content and Client Data with Third Parties that may contact you to assist in the process of removing arrest information from public databases. The Morning Jerk does not provide any removal service, except where required by law, and does not control any particular Third Party. Further, The Morning Jerk does not charge or request any fees for any removal service. The Morning Jerk does NOT facilitate relationships between Clients and Third Parties.

 

  1. Data We May Collect from You & Use in Conjunction with Our Service (Facebook, Phone Contacts).

 

    1. For certain activities on our Service, a User may be asked to create a User account. User may be asked to choose a password and a Username (“Credentials”). User is entirely responsible for maintaining the confidentiality of User’s Credentials. In the alternative, you may sign in using your Facebook login.  If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends. You are responsible for maintaining the confidentiality of your Facebook login credentials you use to sign up for Our Service, and you are solely responsible for all activities that occur under those credentials. Please note, a User is not required to use their Facebook login to connect to our Service.
    2. Our Service may request access to your personal contacts and address book information stored on your mobile device or those maintained through Facebook on a regular basis. This information may be used to determine whether you have any personal contacts that have been arrested and notify you of the same, as well as to determine Content that may be relevant to you.
    3. You hereby confirm that you are authorized to allow us access to the information described in this Section 4.
    4. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify The Morning Jerk immediately of any unauthorized use of User’s account or any other breach of security. The Morning Jerk will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by The Morning Jerk or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

 

  1. Push Notifications. If you are an App User, you may receive notifications in the Notifications section within the App (if any), such as: notifications of new arrests in your location or a location you have selected, or notifications of changes in the status of a Featured Person. With your consent, we may send push notifications or alerts to your mobile device even when you are not logged in. We use push notifications to send you notifications related to the arrest records and geographic locations you follow. At any time, you can manage your push notification preferences or deactivate these notifications at any time by turning off the notification settings in the App or in the Device Settings of your mobile device. If you choose not to receive push notifications, then you will still receive In-App notifications in any Notifications section within the App.

 

  1. Location Tracking. You acknowledge and agree that your geo-location information must be provided to The Morning Jerk to use our Service. We collect this information from your mobile device, desktop or laptop computer, or other equipment you may use to access our Service. We collect this information in order to provide Content that may be relevant to you.

 

  1. Removal; Managing Arrest Information Yourself; No Government Affiliation.

 

    1. The Morning Jerk does NOT charge any fee for removal. Please be advised, removal of a Featured Person from our Service does not eliminate the Featured Person’s arrest records or descriptions of them. This information will remain in existence in the public record and potentially available to the public from other sources. Further, removal from our Service will not eliminate any descriptions or postings of information from our Service where such description or posting was made by a third party, for example and not in limitation, our removal will not affect the social media posts or shares of others.
    2. Use of our Service is NOT mandatory, and Users are free to pursue any means available to have arrest information removed from public records or websites. The Morning Jerk is not affiliated with any court or government agency in any jurisdiction. The Morning Jerk is not affiliated with any law firm or attorneys and does not provide any legal advice. In this context “affiliated” means being a partner, co-owner, or joint venture of any law firm in manner respecting the provision of legal advice or legal services.

 

  1. Consent to Contact. As part of the process of becoming a Client we will ask your consent to be contacted by our marketing partners. If you consent, we will share certain Client Data with our marketing partners who may choose to contact you to offer you services related to perceived needs of yours.

 

  1. Client Status and Security. To become a Client and access Client level features of the Service a User must provide Content to The Morning Jerk by providing The Morning Jerk with current, complete and accurate information as prompted by the applicable form. User is entirely responsible for maintaining the confidentiality of Content. Furthermore, User is entirely responsible for any and all activities that occur under User’s use of our Service. User agrees to notify The Morning Jerk immediately of any unauthorized use of User’s account or any other breach of security. The Morning Jerk will not be liable for any loss that User may incur as a result of someone else using User’s Content, either with or without User’s knowledge.

 

  1. Use and Disclosure of Client Information. You acknowledge and agree that The Morning Jerk may access, preserve, and disclose your information in connection with your use of The Morning Jerk to Third Parties in The Morning Jerk’ sole discretion for promotional purposes. This information disclosure may include Content and Client Data as well as aggregate level and/or anonymous information. We may also make disclosures if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce a Terms & Conditions of Use agreement (also referred to as, “Terms of Use,” and “End User Terms of Use and License Agreement”), including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of The Morning Jerk, its users, and the public.

 

  1. License. Subject to your compliance with these conditions, The Morning Jerk grants to you, the User, a limited, non-transferable, non-exclusive license to use the Service on any computer or mobile device owned, leased, and/or controlled by you. This license is not a sale of the original Service or any copies. All rights not expressly granted to you are reserved and retained by The Morning Jerk. Neither our Service, nor any part of our Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Morning Jerk. You may make single copies of materials displayed on the Service for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Service.

 

  1. Personal and Noncommercial Use. The Service is for a User’s personal and noncommercial use. Commercial use is only permitted as expressly described herein. As a condition to your continued use of the Service, you warrant to The Morning Jerk that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use of use. Further, You may not contact our Users for the purpose of enticing them to terminate their relationship with The Morning Jerk or enter a business relationship with You to The Morning Jerk’ detriment or to enter a business relationship with You regarding removal of arrest information or provision of any commercial service. If you violate the terms of this Section 12, we may immediately terminate access to our Service for you and your affiliates pursuant to Section 19. Further, money damages may not be a sufficient remedy for any breach of this section by User and, in addition to the remedies set forth herein, The Morning Jerk may seek (and may be entitled to) as a result of such breach, specific performance and injunctive or other equitable relief as a remedy.

 

  1. Featured Links. The Service may contain hyperlinks to websites and content offered by parties other than The Morning Jerk or a Client. Such hyperlinks are provided for your reference and convenience only. The Morning Jerk does not control such other websites and is not responsible for their content; nor does The Morning Jerk’ inclusion of hyperlinks to such websites or content imply any endorsement of the material on such websites or any association with their operators. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other User of Service, are those of the respective author(s) or distributor(s) and not of The Morning Jerk. Neither The Morning Jerk nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Service represents the opinions and judgments of the respective information provider, User, or other person not under contract with The Morning Jerk. The Morning Jerk neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Service by anyone other than authorized The Morning Jerk employee spokespersons while acting in their official capacities. Under no circumstances will The Morning Jerk be liable for any loss or damage caused by a User’s reliance on information obtained through Service. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Service.

 

  1. Copyrights. All material content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, HTML code, Java applets, Active X controls and other code, is the property of The Morning Jerk and protected by United States and international copyright laws. The compilation of all content included in or made available through the Service, including profiles, listings or descriptions of musicians, artists, and other clients or users using the Service, is the exclusive property of The Morning Jerk and protected by U.S. and international copyright laws. The Service, related documentation, and all intellectual property rights embodied within or derived from such Service are copyrighted works of authorship or proprietary materials exclusively owned by The Morning Jerk. The Morning Jerk retains ownership of all subsequent copies of the Service and all derivative works based on such Service. All other content not owned by The Morning Jerk that appears on the Service appears with the permission of its respective owners and is the property of such respective owners, who may or may not be affiliated with, connected to, or sponsored by The Morning Jerk.

 

  1. Trademarks. In addition, graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of The Morning Jerk in the U.S. and other countries. The Morning Jerk’ trademarks and trade dress may not be used in connection with any product or service that is not property of The Morning Jerk, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Morning Jerk. All other trademarks not owned by The Morning Jerk that appear on the Service appear with the permission of their respective owners and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Morning Jerk.

 

  1. Restrictions.

 

    1. Limitations on Use. You agree not to reproduce, copy, modify, adapt, edit, distribute, sell, assign, lease, lend, rent, loan, transfer rights to, transmit, sub-license or otherwise commercialize The Morning Jerk or any information or software associated with The Morning Jerk. You agree not to remove, obscure or alter The Morning Jerk’ copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by The Morning Jerk. You acknowledge that The Morning Jerk embodies the intellectual property of a third party and is protected by law. You agree not to, modify, reverse engineer, decompile, disassemble, prepare derivative works from, attempt to derive source code from or otherwise tamper with, The Morning Jerk, whether in whole or in part. You agree not to violate any applicable laws, rules or regulations in connection with your use of The Morning Jerk. You agree not to use The Morning Jerk to infringe on the privacy of other individuals. You agree not to use The Morning Jerk to access, copy, transfer, or retransmit content in violation of any law or third party rights. You agree that you will not authorize or permit any third party access to The Morning Jerk to do any of the foregoing. You hereby waive any rights granted by the Digital Millennium Copyright Act to decompile the Service or any portion thereof to identify or analyze the interoperability of the Service. You shall not harvest or otherwise collect information about others users, including, but not limited to email addresses or any other identifying information or information related to contacting users.
    2. Age Eligibility. The Morning Jerk is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use The Morning Jerk. Any person who provides their personal information through The Morning Jerk represents to us that they are 13 years of age or older.

 

  1. Disclaimer of Warranty. The Morning Jerk and any third party who makes its software and/or service(s) available in conjunction with or through The Morning Jerk disclaim any responsibility for any harm resulting from your use of The Morning Jerk and/or any third party software accessed in conjunction with or through The Morning Jerk.

 

YOU AGREE THAT USE OF The Morning Jerk’ SERVICE DOES NOT GUARANTEE SUCCESS TO YOUR ENDEAVORS. The Morning Jerk DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION CONTAINED ON THE SERVICE IS ACCURATE OR UP TO DATE. BY WAY OF EXAMPLE, AND NOT IN LIMITATION, WE POST ARREST RECORDS FEATURING THE CONTENT THAT THE ARRESTING AUTHORITY HAS PROVIDED, AND AS SUCH THIS ARREST RECORD IS ONLY AS ACCURATE AS THE ARRESTING AUTHORITY HAS MADE IT.

 

The Morning Jerk AND ANY THIRD PARTY SOFTWARE AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH The Morning Jerk ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. The Morning Jerk AND SUCH THIRD PARTIES 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. The Morning Jerk AND ANY THIRD PARTIES WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH The Morning Jerk DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF The Morning Jerk, SUCH THIRD PARTY SOFTWARE AND/OR SERVICES.     

 

YOU UNDERSTAND AND AGREE THAT USE OF The Morning Jerk, ALL THIRD PARTY TECHNOLOGIES AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH The Morning Jerk AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S), DEVICE SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF The Morning Jerk, SUCH THIRD PARTY SOFTWARE AND/OR SERVICES. 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. The Morning Jerk DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, The Morning Jerk’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM The Morning Jerk ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL The Morning Jerk BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF USE OR MISUSE OF The Morning Jerk OR SUCH THIRD PARTY TECHNOLOGIES OR SERVICES. 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 The Morning Jerk HAS 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 Morning Jerk, FROM INABILITY TO USE The Morning Jerk AND ALL THIRD PARTY TECHNOLOGIES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH The Morning Jerk, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF The Morning Jerk, ALL THIRD PARTY TECHNOLOGIES AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH The Morning Jerk (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Your exclusive remedy for any claim arising out of or relating to this Agreement will be for The Morning Jerk, upon receipt of written notice, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Company is at fault, or (ii) return to you any fees you paid to us for the particular Service provided that gives rise to the claim, subject to the limitations contained in these Terms of Use. You agree that you will not allege that this remedy fails its essential purpose.

 

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.

 

You agree not to hold The Morning Jerk liable for any disputes, loss of revenues, lost profits, punitive, incidental or consequential damages arousing from the direct or indirect use or misuse of any products or services provided by The Morning Jerk or made available by The Morning Jerk from any third party affiliates, vendors or services providers.

 

  1. Termination of Privileges. The Morning Jerk reserves the right to terminate your privilege of using all or any portion of the Service if you breach any of these Terms of Use. If The Morning Jerk notices or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights, violates Section 12, or violates another party’s rights of privacy or publicity, The Morning Jerk may terminate your access to the Service, including all of your privileges or accounts that you may have established in connection with the Service. In case of such termination, you agree to immediately cease all use of The Morning Jerk, and we may immediately revoke your access to The Morning Jerk without notice. Our failure to insist upon or enforce your strict compliance with these Terms of Use, or provide any notice of non-compliance will not constitute a waiver of any of our rights.

 

  1. Indemnity. You agree to defend, hold harmless, and indemnify The Morning Jerk, our Affiliates, our and their respective officers, directors, owners, employees, attorneys, agents, joint ventures, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages, and other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third-party against an Indemnified Party in connection with your use of the Service, including: (a) your: (i) use of the Service; (ii) decision to supply information or Content via the Service; (iii) any activity related to your Registered Status; (iv) breach of any provision of this Agreement or other Terms applicable to Your use of the Service; or (v) obligations to a User or Client; (b) any claim, whether based in tort or contract, you may have against a User or a Client or that a User or a Client may have against you; or (c) anything which the Indemnified Party may do or refrain from doing in connection with this Agreement and the Terms of Use. The foregoing indemnity will include, without limitation, such cause of action, claim, suit, proceeding, demand, or action arising out of the negligence of any Indemnified Party; provided that the foregoing indemnification will not extend to the gross negligence or willful misconduct of an Indemnified Party. Indemnified Party shall have the right to control any defense of itself and to have the counsel of its choosing in any defense of any claim with the cost of such counsel to be paid by you.

 

  1. General. The Morning Jerk retains all rights not expressly granted herein. The Morning Jerk may freely assign these Terms of Use. These Terms of Use are the complete and exclusive agreement of the parties and supersede all prior communications, oral or written, between the parties relating to the Terms of Use’ subject matter. Without regard to its conflicts of laws principles, the laws of the State of North Carolina govern all matters, including torts, with respect to these Terms of Use. Further, any claim, controversy, or dispute that arises between You and The Morning Jerk must be resolved exclusively by a state or federal court located in the State of North Carolina, unless Section 27 applies. You and The Morning Jerk agree to submit to the personal jurisdiction of the courts located within the State of North Carolina for the purpose of litigating all such claims, controversies, or disputes. Each party irrevocably and unconditionally consents to submit to the exclusive jurisdiction and venue therein of the General Court of Justice of New Hanover County, North Carolina and of the United States of America located in the Eastern District of North Carolina, Wilmington Division, for any actions, suits or proceedings arising out of or relating to the Service, these Terms of Use, and the transactions contemplated hereby. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. The Morning Jerk reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. By continuing to use the Service, you are agreeing to all changes made by The Morning Jerk. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

  1. Ownership. The Morning Jerk owns or is the licensee to all right, title and interest in and to The Morning Jerk including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You do not acquire any ownership rights in The Morning Jerk as a result of utilizing The Morning Jerk.

 

  1. User Conduct. User shall use the Service for lawful purposes only. No User shall post or transmit through the Service any material which violates or infringes in any way upon the rights of others, including those of The Morning Jerk.

 

  1. Changed Terms. The Morning Jerk shall have the right at any time to change or modify the Terms of Use applicable to Client’s use of the Service, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Service, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of the Service by You after such notice shall be deemed to constitute Your acceptance of such changes, modifications or additions.

 

  1. This Agreement is for the benefit of The Morning Jerk, its subsidiaries, affiliates, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

  1. Titles, comments to, and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement.

 

  1. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH The Morning Jerk AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

    1. Arbitration Agreement; Claims.   This Section 27 is referred to as the “Arbitration Agreement” in these Terms.  Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 27(i) below, you and The Morning Jerk (together, the “Parties”) agree that any and all disputes or claims that arise between you and The Morning Jerk relating to the The Morning Jerk Service and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved  as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 27, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.

 

    1. Agreement to Arbitrate.  Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 27(i) below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.

 

 

  • Prohibition of Class and Representative Actions and Non-Individualized Relief.  YOU AND The Morning Jerk AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 27(i) BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS CLIENT IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND The Morning Jerk AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER The Morning Jerk USERS.

 

 

    1. Pre-Arbitration Dispute Resolution.  Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at [email protected]  If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.

 

    1. Arbitration Procedures.   The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration.  If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties.  For information on JAMS, please visit its website, https://www.jamsadr.com/.  The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference.  You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason.  If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 18. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

The arbitration will be held in Raleigh, NC or such other city or county in which The Morning Jerk’s principal offices are located. If the value of the relief sought is $10,000 or less, you or The Morning Jerk may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and The Morning Jerk subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or The Morning Jerk, unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of North Carolina, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different The Morning Jerk users, but is bound by rulings in prior arbitrations involving the same The Morning Jerk user to the extent required by applicable law.  As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

 

    1. Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be shared equally by you and The Morning Jerk, except where prohibited by applicable law.  In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, The Morning Jerk will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Morning Jerk will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse The Morning Jerk for all fees associated with the arbitration paid by The Morning Jerk on your behalf that you otherwise would be obligated to pay under the JAMS Rules.

 

    1. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

    1. Severability.  If any term, clause or provision of this Section 27 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 27 will remain valid and enforceable.

 

    1. Opt-Out Procedure.  You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice“) in accordance with the terms of this Section 27(i). For new The Morning Jerk users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current The Morning Jerk user and previously accepted the The Morning Jerk Terms, the Opt-Out Notice must be postmarked no later than May 17, 2018. You must email the Opt-Out Notice to [email protected] The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the The Morning Jerk Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.  By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 16.

 

    1. Future Changes to this Arbitration Agreement.  Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against The Morning Jerk prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Service, and will not be effective as to any claim that was filed in a legal proceeding against The Morning Jerk prior to the effective date of removal.

 

The Morning Jerk

Privacy Policy

 

Last Updated September 19, 2018

 

Thank you for visiting our Service (defined in our Terms of Use) (these are collectively referred to in this Privacy Policy as “The Morning Jerk”). Your privacy is important to us. This notice explains our online information practices and the choices you can make about the way your information is used at our Service.

 

The Information We Collect

 

We collect information from you when you use our Service. Some of this information is directly requested, while other information may be automatically collected. We will describe these distinctions in this Policy.  When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or social media account information. We do require the collection of some information to use our mobile applications, as described herein and as prompted in the mobile application. You may, however, visit our website anonymously and submit only non-personally identifying information for access to our website.

 

If you choose to become a User of our Service we may ask to collect personally identifying information. We do not collect this personally identifiable information about you – such as your name, email address, mailing address, telephone number, fax number, e-mail address, etc. – unless you choose to complete registration and become an App User or Client.

 

We do automatically collect certain non-personally identifiable information when you visit our site – such as hardware model, operating system information, browser information, IP address, mobile network information, internet service provider information, and device identifiers.

 

How We Normally Use Information About You

 

We use non-personally identifiable information to analyze site usage, which allows us to improve the design and content of our site. These activities may include, but are not limited to:

 

  • Administering, protecting, operating and maintaining the Service and our systems;
  • Improving the navigation and content of our Service, system administration and security;
  • Compiling aggregated statistics about the site usage and to better understand the preferences of our site visitors;
  • Carrying out research and development to improve our services;
  • Carrying out other legitimate business purposes, as well as other lawful purposes about which we will notify our visitors.

 

In the ordinary course, we use personally identifiable information you provide solely: (i) to personalize your experience, both in terms of the Service interfaces and your interaction with them, as well as the content you see through the Service, (ii) to send you notifications as described in our Terms of Use, (iii) to respond to your inquiry, or (iv) process information you have provided us. These activities, may include, but are not limited to:

 

  • Requesting access to your contacts, both those stored on your mobile device and social media contacts, to help determine content that may be more relevant to you.
  • Sending you push notifications, based upon geolocation or other data collected from your mobile device (as described in our Terms of Use), related to the arrest records and geographic locations you follow
  • Responding to your specific inquiry or request and providing you with information and access to resources that you have requested from us;
  • Processing and completing business transactions and sending related information,
  • Sending information to you about your account, technical alerts or updates, and other administrative or service-related communications;
  • Helping personalize your experience on our Services (for example, we may use geolocation or IP addresses to approximate your general location such as city and state for purposes such as to provide information on local promotions and events);
  • Helping deliver our services to our visitors and providing customer service and support.

 

However, it is possible, though unlikely, that we might be forced to disclose personally identifiable information in response to legal process or when we believe in good faith that the law requires it, for example, in response to a court order, subpoena or a law enforcement agency’s request.

 

Also, we cannot guarantee the privacy of personal information you transmit over the web or that may be collectable in transit by others, including third parties who provide services to us.

 

Revoking Consent to Collect or Use Information

 

You may opt out of collection and use of personally identifiable information at your request at any time, but this may affect our ability to appropriately serve you. You may also access your profile upon request. For more on this please see the Security section below.

 

Sharing Information with Third Parties

 

Again, we also do share information with Third Parties as described in our Terms of Use.

 

The Morning Jerk may from time to time engage third parties to preserve, analyze or otherwise store or manipulate data received by The Morning Jerk from its customers and to maintain records that allow us to efficiently communicate with you and provide, recommend appropriate services, execute documents, provide invoices to Third Parties or other parties, and collect payment from Third Parties or other parties. In all such cases, Third Parties and third parties will be required to treat all such data with the same degree of care as The Morning Jerk and they will be prohibited from disclosing such data to any other person or party, except as otherwise provided for in this Privacy Policy.

 

Analytics & Advertising

 

We may use cookies (See “What Are Cookies” below) in order to facilitate the use of Google Analytics, and/or similar applications designed for measuring Service performance (collectively “Analytics”), with respect to our visitors. We may use personally identifiable information together with Analytics to track and analyze the web pages visitors visit so that we can better understand and improve our services.

 

We may deliver third party online advertisements on our Service, and we may use third-party advertising companies to serve ads for our services when you access and use other Services, based on the information relating to your access to and use of our Service, as well as information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags).

 

Collection of Information by Third-Party Sites and Sponsors

 

Our site contains links to other sites, including social media sites and applications, whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

 

Security

 

We take precautions to protect your information. We use commercially reasonable efforts to maintain a secure data environment, however we cannot guarantee the security of your personal information. We recommend you use the latest browsers to ensure that you are protected by advances in security technology. Please do NOT include payment card information in any communication on our Communication Services or other communication.

 

What are Cookies?

 

A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computer’s hard drive for an extended period of time. Your browser’s help file contains information and instructions for removing persistent cookies. Session ID cookies may be used by The Morning Jerk to track user preferences while the User is visiting the Service. They also help to minimize load times and save on server processing. Persistent cookies may be used by The Morning Jerk to store whether, for example, you want your password remembered or not, and other information. Cookies used on the Service do not contain personally identifiable information.

 

Disabling/enabling cookies

 

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled. For further information about disabling or blocking cookies, please consult the “Help” menu of your web browser.

We may use cookies in the following ways:

  1. Where they are essential to make our site work
  2. To enable the personalization features on our site (which give you the ability to recall recently viewed pages and see information which you have input on line)
  3. To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our site. We cannot identify you personally in this way.

 

Log Files

 

Like most standard websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.

 

Revisions to our Privacy Policy

 

We reserve the right to revise this policy or any part of it from time to time. Please review the policy periodically for changes. We will notify you of any material changes we make and you will have the opportunity to opt out at that time.

 

Contact

 

Should you have any questions concerning this Privacy Policy, you may contact The Morning Jerk.

 

The Morning Jerk

[email protected]

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