Terms of service

 

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE PRODUCTS, SERVICES, CONTENT, FEATURES AND FUNCTIONALITY AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE AVAILABLE PRODUCTS, SERVICES, CONTENT, FEATURES OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.

Top of the Mornin Coffee (“Top of the Mornin”), operates this website ( topofthemornincoffee.com/ ) (the “Site”), and the services related to or offered on the Site (hereinafter, the “Services”). In addition to the aforementioned Services, Top of the Mornin’s Services may include, without limitation, sales of products, information, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site. These Terms of Service (“TOS”) govern your use of the Site and Services that are provided by Top of the Mornin. Please read this agreement carefully before accessing or using the Site or any of the Services. Each time you access or use the Site or Services, you agree to be bound by these TOS. If you do not agree to be bound by all of these TOS, you may not access or use the Site or Services. In addition, certain areas of the Site or Services may be subject to additional terms of use that Top of the Mornin makes available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOS, the additional terms will control. Top of the Mornin reserves the right to amend this TOS at any time and without notice. If Top of the Mornin does this, Top of the Mornin will post an updated TOS and indicate at the top the date the TOS was last revised. Your continued use of the Site and/or Services after any such posting constitutes your acceptance of the new TOS. If you do not agree to these Terms or any future Terms of Use, do not use or access (or continue to access) the Site and/or Service. This Agreement applies to all visitors, users, and others who access the Site and/or Service.

Top of the Mornin is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Prices for Top of the Mornin’s products are subject to change without notice. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but Top of the Mornin has no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to the Site.

1. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services. You may not use Top of the Mornin’s products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the TOS will result in an immediate termination of your Services. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Top of the Mornin is not responsible for the security of any information transmitted to or from the Site. Top of the Mornin reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

Top of the Mornin reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. License Grant.

This TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOS. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

Top of the Mornin reserves the right to change or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice at any time. You agree that Top of the Mornin, its agents, affiliates, and subsidiaries shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Service.

3. Prohibited Activities.

The Site and the Services are not intended for children under the age of 13 and children under 13 should not use the Site or the Services. You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Top of the Mornin, or its content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not: (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; (ii) access the Site or Services by any means other than through the standard industry-accepted or Top of the Mornin-provided interfaces; (iii) post or transmit any material that contains a virus or corrupted data; (iv) delete any author attributions, legal notices or proprietary designations or labels; (v) violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOS; (vi) manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; (vii) register, subscribe or unsubscribe any party for any Top of the Mornin product or service if you are not expressly authorized by such party to do so; (viii) use the Site or the Services in any manner that could damage, disable, overburden or impair Top of the Mornin's servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services; (ix) gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Top of the Mornin through hacking, password mining or any other means; (x) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; and (xi) use the Site in any manner that could damage, disparage, or otherwise negatively impact Top of the Mornin or its parent companies, affiliates and/or subsidiaries. In addition, you agree to comply with Top of the Mornin’s Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY TOP OF THE MORNIN TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

4. Message Boards, Product Reviews, Chat Rooms, Submissions and Posting Guidelines.

Top of the Mornin may host message boards, chats, product review mechanisms and other public forums on its Site and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site. These are public forums and any information that you post on the Site or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete his/her own posts after posting. When posting information on the Site or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumors or negative opinions that are not supported by facts.

In addition to the prohibited activities described above, when posting information and media on the Site or through the Services you must not:

• Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Site;
• Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
• Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
• Post or upload personal information, pictures, videos or any other media of another person without their express permission;
• Delete or revise any material posted by any other person or entity;
• Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
• Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
• Post statements or materials that in any way harm minors;
• Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Top of the Mornin;
• Post statements or materials that misrepresent your affiliation with any entity and/or Top of the Mornin;
• Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
• Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
• Post material that in the sole judgment of Top of the Mornin is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose Top of the Mornin or its users to harm or liability of any nature; or
• Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Top of the Mornin does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.

Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats, product reviews, or other public forums in the future. Top of the Mornin or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Top of the Mornin expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is Top of the Mornin responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Top of the Mornin, or its licensors, affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Top of the Mornin, its licensors or any of their subsidiaries or affiliates. Top of the Mornin and its licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that Top of the Mornin reserves the right to monitor the same at its sole discretion. Top of the Mornin reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect itself, its clients, sponsors, users and visitors. In addition, Top of the Mornin reserves the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these terms.

Solicited submissions: From time to time, Top of the Mornin may invite you to submit to Top of the Mornin audio and/or video material for inclusion on the Site and/or Service and/or other activities promoted by Top of the Mornin on the Site and/or Service, or enter certain contests Top of the Mornin may sponsor, or submit comments and/or ideas to Top of the Mornin (“Submissions”). You may only submit these Submissions to Top of the Mornin when specifically invited to do so by Top of the Mornin. These solicited Submissions may be subject to further terms, conditions and restrictions. Submissions for the Site and/or Service provided through third party websites are also subject to specific terms, conditions and restrictions. If Top of the Mornin does request that you send Top of the Mornin Submissions, these Submissions will be deemed User Content (defined below). By submitting any Submission, you agree that your disclosure is gratuiTOSs, unsolicited and without restriction and will not place Top of the Mornin under any fiduciary or other obligation, that Top of the Mornin is free to disclose the Submission on a non-confidential basis to anyone or otherwise use the Submission without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Top of the Mornin does not waive any rights to use similar or related ideas previously known to Top of the Mornin, or developed by its employees, or obtained from sources other than you.

Unsolicited submissions: Other than those Top of the Mornin specifically requests, Top of the Mornin does not accept or consider unsolicited creative materials, ideas or suggestions either via the website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those Top of the Mornin has developed or obtained independently.

By sending or transmitting to Top of the Mornin content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “User Content”), or by posting such User Content on the Site, you hereby grant to Top of the Mornin and its designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such User Content in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Top of the Mornin shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights or authorizations to allow Top of the Mornin’s use of such User Content in accordance with such license. None of the User Content disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

5. Mobile Message Service Terms and Conditions

The Top of the Mornin Coffee mobile message service (the "Service") is operated by Top of the Mornin Coffee (“ Top of the Mornin Coffee ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Top of the Mornin Coffee's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Top of the Mornin Coffee through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Top of the Mornin Coffee. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (844) 987-1757 or click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Top of the Mornin Coffee mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 987-1757 or email info@topofthemornincoffee.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

6. Commercial Transactions.

Certain products or services will be offered for sale on the Site or through the Services.

In addition, certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. Top of the Mornin has made every effort to display as accurately as possible the colors and images of our products that appear at the Site’s store. Top of the Mornin cannot guarantee that your computer monitor's display of any color will be accurate. Top of the Mornin reserves the right, but are not obligated, to limit the sales of its products or Services to any person, geographic region or jurisdiction. Top of the Mornin may exercise this right on a case-by-case basis. Top of the Mornin reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Top of the Mornin. Top of the Mornin reserves the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. Top of the Mornin does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Top of the Mornin or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Top of the Mornin or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Top of the Mornin with your credit card number and associated payment information, you agree that Top of the Mornin and/or its third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to Top of the Mornin as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that Top of the Mornin (or its third party payment service provider) may automatically invoice your account at the beginning of each recurring period. Top of the Mornin reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as Top of the Mornin may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Top of the Mornin of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon Top of the Mornin’s receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, Top of the Mornin reserves the right to either suspend or terminate your access and account. You agree that in the event Top of the Mornin is unable to collect the fees you owe Top of the Mornin it for the products or services specified in your order, Top of the Mornin may take any other steps it deems necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by Top of the Mornin in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees. Top of the Mornin reserves the right to refuse any order you place with Top of the Mornin. Top of the Mornin may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Top of the Mornin makes a change to or cancel an order, Top of the Mornin may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Top of the Mornin reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. To review the billing terms on your account or to terminate a subscription service (if offered), you may email info@topofthemornincoffee.com.

7. Errors and Risk of Loss

If a product is listed incorrectly (e.g. price or description) for any reason, Top of the Mornin reserves the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, Top of the Mornin will issue a credit to your card for the full amount.

A third-party carrier will ship any products you purchase from the Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

8. Product Return Policy

For information regarding Top of the Mornin’s product return, exchange and cancellation policies, please visit the Top of the Mornin return policy page on the Site, Frequently Asked Questions or email info@topofthemornincoffee.com.

9. Third Party Content.

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not Top of the Mornin. Neither Top of the Mornin, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Top of the Mornin nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Services by anyone other than an authorized Top of the Mornin or licensor representative while acting in his/her official capacity. You may be exposed through the Site or Services to content that violates Top of the Mornin’s policies, is sexually explicit or is otherwise offensive. You access the Site and Services at your own risk. Top of the Mornin takes no responsibility for your exposure to third party content on the Site or the Services. Top of the Mornin and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that Top of the Mornin does not advocate the use of any product or procedure described in the Site or through the Services, nor is Top of the Mornin responsible for misuse of a product or procedure due to typographical error.

10. Sweepstakes, Contests and Games.

If Top of the Mornin conducts a sweepstakes, contest, or game on the Site, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Sweepstakes (the "Sweepstakes") is open only to those who sign up at the online sweepstakes page and who are at least 18+ years old at the time of entry. The sweepstakes is open to the legal residents of the United States and is void where prohibited by law. Employees of Top of the Mornin' Coffee (the "Sponsor") their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Top of the Mornin' Coffee, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.
3. Sweepstakes Period: Entries will be accepted online starting on or about January 4th, 2024 at 8:00 AM and ending January 15th, 2025 at 11:59 PM. All online entries must be received by January 28th, 2025 at 11:59 PM. All times are (GMT-05:00) Eastern Time (US & Canada).
4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Top of the Mornin' Coffee. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Top of the Mornin' Coffee.
5. Prizes: The prizes are: $100 Top of the Mornin' gift card and a pre-curated gift box. You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Bones Coffee Company to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via e-mail to the e-mail address they entered the Sweepstakes with within five (5) days following the winner selection. Top of the Mornin' Coffee shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 5 (five) days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that Top of the Mornin' Coffee , anyone acting on behalf of Top of the Mornin' Coffee , or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Top of the Mornin' Coffee  reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Top of the Mornin' Coffee may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Top of the Mornin' Coffee . Top of the Mornin' Coffee  reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Top of the Mornin' Coffee has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Top of the Mornin' Coffee  reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters periodically from Bones Coffee Company. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability: By entering you agree to release and hold harmless Top of the Mornin' Coffee and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Winners List: For the names of the winners, please contact us at and in the body of the email type 'Please e-mail me the winners' list for the Top of the Mornin' Coffee Sweepstakes.
12. Sponsor: The Sponsor of the Sweepstakes is Top of the Mornin' Coffee, Nebraska, United States;
13. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google.

11. Accounts, Passwords and Security.

If the Site or any of the Services require you to open an account, you must complete the registration process by providing Top of the Mornin with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Top of the Mornin which is untrue, inaccurate, not current or incomplete, Top of the Mornin reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Top of the Mornin immediately of any unauthorized use of your account or any other breach of security. Neither Top of the Mornin nor its licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Top of the Mornin, its licensors or another party due to someone else using your account or password.

12. Linking to the Site.

Top of the Mornin reserves the right to disallow you to link to the Site at any time in its sole discretion. If Top of the Mornin exercises such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with Top of the Mornin specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:

• The link must be a text-only link that clearly includes the URL of the applicable Site;
• The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Top of the Mornin’s good name and trademarks;
• The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Top of the Mornin;
• The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
• The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

13. Disclaimer Regarding Linked Third Party Sites.

The links on the Site and/or any of the Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the “Linked Sites”). Top of the Mornin provides these links as a convenience, but Top of the Mornin neither controls nor endorses these Linked Sites, nor has Top of the Mornin reviewed or approved the content which appears on the Linked Sites. Top of the Mornin is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Top of the Mornin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

14. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through the Site and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Top of the Mornin shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

15. Privacy.

Top of the Mornin's privacy policy with respect to the collection and use of your personally identifiable information is set forth on the Site, and is incorporated by reference into these TOS. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING TOP OF THE MORNIN’S PRIVACY POLICY.

16. Disclaimer of Warranties.

THE SITE AND THE SERVICES, AND ANY PRODUCTS, CONTENT, TOOLS, OR SERVICES SOLD, OFFERED, DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOP OF THE MORNIN, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT OR EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION ON THE SITE IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PRODUCTS, SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. TOP OF THE MORNIN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON ANY SUCH PRODUCTS OR SERVICES WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES.

17. Limitation of Liability.

NEITHER TOP OF THE MORNIN NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES, OR ANY PRODUCTS OFFERED OR SOLD THEREON; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES, OR ANY PRODUCTS OFFERED OR SOLD THEREON; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES, OR ANY PRODUCTS OFFERED OR SOLD THEREON; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES, OR ANY PRODUCTS OFFERED OR SOLD THEREON; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, OR ANY PRODUCTS OFFERED OR SOLD THEREON. IN NO EVENT SHALL THE TOTAL LIABILITY OF TOP OF THE MORNIN OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING ANY PRODUCTS AND/OR USING THE SITE AND/OR ANY OF THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Top of the Mornin may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Top of the Mornin’s liability will be the minimum permitted under such applicable law.

18. Indemnification.

You agree to indemnify, defend and hold Top of the Mornin and its respective licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOS; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or any of the Services.

19. Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Top of the Mornin infringe your copyright, you or your agent may send to Top of the Mornin a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Top of the Mornin actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Top of the Mornin a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Top of the Mornin’s Copyright Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit Top of the Mornin to locate the material;
• Information reasonably sufficient to permit Top of the Mornin to contact you, such as your address, telephone number and, if available, your email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Top of the Mornin's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: info@topofthemornin.com. Top of the Mornin suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

20. Jurisdictional Issues.

Top of the Mornin makes no representation or warranty that the products, content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Top of the Mornin reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site or the Services or any products offered or sold thereon to any person, geographic area or jurisdiction Top of the Mornin so desires, and to limit the quantities of any such service or products that Top of the Mornin may provide.

21. Termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOS are effective unless and until terminated by either you or Top of the Mornin. You may terminate these TOS at any time by notifying Top of the Mornin that you no longer wish to use Top of the Mornin’s Services, or when you cease using the Site. If in Top of the Mornin’s sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, Top of the Mornin also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Top of the Mornin’s Services (or any part thereof). You agree that Top of the Mornin, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

22. Governing Law.

These TOS and the relationship between you and Top of the Mornin shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and Top of the Mornin irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Los Angeles, in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

23. Waiver and Severability.

The failure of Top of the Mornin to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

24. Successors and Assigns.

Top of the Mornin may perform any of its obligations or exercise any of its rights under this TOS through one or more of its corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with Top of the Mornin). If Top of the Mornin or its assets are acquired by another entity, that entity will assume Top of the Mornin’s rights and obligations as described in this TOS. You may not assign your rights or obligations under this TOS, by operation of law or otherwise, without Top of the Mornin’s prior written consent.

25. Updates.

Top of the Mornin may modify these TOS at any time, as it deems appropriate. If you disagree with the changes to the TOS, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOS. It is your responsibility to review the TOS regularly to be aware of such modifications. Top of the Mornin reserves the right to modify or discontinue the Site or Services with or without notice. Top of the Mornin will not be liable to you or any third party should Top of the Mornin exercise its right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Services as so modified and your use of new Services will be governed by these TOS.

26. Entire Agreement.

These Terms of Service and any policies or operating rules posted by Top of the Mornin on this site or in respect to the Services constitutes the entire agreement and understanding between you and Top of the Mornin and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Top of the Mornin (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Superfiliate Referral Codes Terms and Conditions

Referral codes are intended for use by the referred individual and the referrer within the designated referral program. Sharing referral codes in public spaces, third-party websites, or referral marketplaces is strictly prohibited. Any abuse of the referral system, including but not limited to excessive rewards through such practices, may result in the suspension or termination of the account and forfeiture of rewards.

P2P SMS Terms and Conditions

1. Consent to Receive Messages. By opting-in to Top of the Mornin Coffee’s messaging program called "Top of the Mornin Coffee", you consent to receiving marketing text messages (e.g. cart reminders from information collected via cookies) at the telephone number, including Short Message Service (SMS) messages. Top of the Mornin Coffee has full control of its messaging program and reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.

2. No Condition for Purchase or Services. Your decision to opt into Top of the Mornin Coffee’s messaging program is not a condition of purchasing any good or service.

3. Top of the Mornin Coffee’s Terms of Use and Privacy Policy. By opting in, you accept and agree to be bound by Top of the Mornin Coffee’s privacy policy and terms of use, and you consent to the processing of your information as set forth in those policies.

4. Contact. If you have questions or comments, please reach out to Top of the Mornin Coffee at info@topofthemornincoffee.com.

Messaging Information.

1. Opt-In. To opt in, you may:

1. Enter your mobile phone number on a website form, you will then receive a text from +1 (844) 987-1757 where you may choose to opt-in to marketing messages. Message frequency varies.
   
   Rates. Carrier message and data rates may apply. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
   

2. Opt-Out. To opt out, text "STOP", “UNSUBSCRIBE” to +1 (844) 987-1757. This is the only method for opt out. After opting out you will receive one additional message confirming that your request has been processed.

Other.

1. Carriers are not liable for delayed or undelivered messages.