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TERMS AND CONDITIONS OF USE

  • Introduction
  • Intellectual Property Rights
  • Morning Consult Subscription
  • Modification to MC Pro Media
  • Termination
  • Third Party Sites
  • General Practices Regarding Content
  • Notice of Copyright Infringement
  • Disclaimers
  • Privacy
  • Miscellaneous

INTRODUCTION
Welcome and thank you for visiting. Please read these Terms and Conditions of Use (the “Terms”) before using pro.morningconsult.com. These Terms govern your free access to and use of the pro.morningconsult.com website, our email newsletters and briefings (to the extent offered via the pro.morningconsult.com website), social media pages, mobile and other applications owned and operated by us, and any other services associated therewith which we may make available to you at no cost (“MC Pro Media”). MC Pro Media is provided to you by The Morning Consult LLC (“Morning Consult” (or “we” or “us” or “our”)). These Terms constitute a binding legal contract between you and Morning Consult. By using MC Pro Media, you accept these Terms.

Please review these Terms each time you access or use MC Pro Media as they are subject to change. You agree that we may notify you of modified Terms by posting them on MC Pro Media, and that your continued use of MC Pro Media after such notice constitutes your agreement to the modified Terms. Morning Consult reserves the right to deny access to MC Pro Media, or any service provided via MC Pro Media, to anyone who violates these Terms or who, in Morning Consult’s sole judgment, interferes with the ability of others to enjoy MC Pro Media, or infringes the rights of others. When using MC Pro Media, you will be subject to any posted terms or guidelines applicable thereto, and any other terms or conditions applicable to services provided by or in conjunction with any of Morning Consult’s content and service partners.

INTELLECTUAL PROPERTY RIGHTS

Limited License. The materials available on or through MC Pro Media are owned by and proprietary to Morning Consult, its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may use MC Pro Media, and materials on MC Pro Media, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not decompile, create derivative works of, or reverse engineer any part of MC Pro Media. You may not otherwise download, republish, retransmit, modify, publicly display, store, transmit, or reproduce any of the materials made available on or through MC Pro Media (including any video or still photographs) without the prior written consent of the owner. You may not distribute copies of materials found on MC Pro Media in any form (including by email or other electronic means) without prior written permission from the owner. You may not use MC Pro Media without prior written consent of Morning Consult in connection with the development of any software program, model, algorithm, or other artificial intelligence tool, including but not limited to, using MC Pro Media to build, train, validate, or operate a machine learning system, large language model, generative artificial intelligence platform, or any other artificial intelligence system. Unless we have granted you licenses to our intellectual property, our providing you with MC Pro Media does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Trademarks. Morning Consult trademarks, service marks, logos, slogans, designs, product and service names, and other corporate indicia, including without limitation MORNING CONSULT, MORNING CONSULT PRO, and the M Logo (“MC Name Property”) are the property of Morning Consult and its affiliates. You agree not to display or use in any manner any MC Name Property without Morning Consult’s prior written permission.

Links. You may establish a hypertext link to MC Pro Media so long as the link does not state or imply any Morning Consult sponsorship of or affiliation with your site. 

Framing and Inlining. You may not, without Morning Consult’s prior written permission, frame or inline any of the content of MC Pro Media, or incorporate into another website or other service any material, content or intellectual property belonging to Morning Consult, any affiliate companies, or any of their respective licensors.

Copyrighted Materials Accessible Through Morning Consult. Some copyrighted materials that are not owned by Morning Consult may be accessible through MC Pro Media. The following provision applies to all visitors (which shall include, without limitation, persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing MC Pro Media, you specifically acknowledge and agree that copyrighted text, photo, design, graphic, audio, or video material, and the selection and arrangement thereof, is owned or licensed by Morning Consult, with all rights reserved, or is the property of third parties protected by intellectual property rights and shall not be reproduced, published, broadcasted, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium without the express, prior written consent of the owner.

MORNING CONSULT SUBSCRIPTION

To access MC Pro Media or receive certain content made available on or through MC Pro Media (excluding content which, subject to the Terms of Service, we may make available to you in connection with one or more paid subscriptions), we may ask you to subscribe by providing personal information such as your name, job title, organizational affiliation, and email address . You agree that you will register only if you are 13 years of age or older in the United States or the United Kingdom, and sixteen (16) years old anywhere else. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration form. If Morning Consult has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Morning Consult reserves the right to suspend or terminate your account and refuse any and all current or future use by you of MC Pro Media (or any portion thereof). Morning Consult’s use of any personal information you provide to Morning Consult as part of the subscription process is governed by the terms of Morning Consult’s Privacy Policy.

MODIFICATIONS TO MC PRO MEDIA

Morning Consult reserves the right at any time and from time to time to (1) modify or discontinue, temporarily or permanently, MC Pro Media (or any part thereof) with or without notice, including, but not limited to restricting or terminating anyone’s right to use the MC Pro Media, with or without notice, (2) charge fees in connection with the use of all or part of the MC Pro Media, (3) modify and/or waive any fees charged in connection with the MC Pro Media, and/or (4) offer opportunities to some or all users of MC Pro Media. You agree that Morning Consult and its affiliates shall not be liable to you or to any third party for any reason whatsoever in connection with any modification, suspension, or discontinuance of MC Pro Media (or access thereto), in whole or in part, or of any service, content or feature offered through the MC Pro Media.

TERMINATION

You agree that, at Morning Consult’s sole discretion, Morning Consult may at any time terminate your access to and use of MC Pro Media (or any portion thereof), for any lawful reason, including, without limitation, for lack of use, or if Morning Consult believes that you have violated or acted inconsistently with the letter or spirit of these Terms or applicable law. You agree that Morning Consult and its affiliates shall not be liable to you or any third party for any reason whatsoever in connection with any termination of your access to and use of MC Pro Media. 

THIRD PARTY SITES

MC Pro Media may provide, or third parties may provide, links to other web sites or resources. Because Morning Consult has no control over such sites and resources, you acknowledge and agree that Morning Consult is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, including, without limitation, advertising, products, materials, goods or other services on or made available through such sites or resources. You further acknowledge and agree that Morning Consult (including its affiliates) 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 your use of or reliance on any such content, including without limitation, advertising, products, materials, goods or other services on or made available through any such site or resource.

GENERAL PRACTICES REGARDING CONTENT

You acknowledge that Morning Consult may establish general practices, limits and restrictions concerning access to and use of MC Pro Media. Morning Consult (including its affiliates) assumes no responsibility or liability for the deletion, corruption, or loss of any content, and the malfunctioning of any network, hardware, or software. Morning Consult reserves the right to change these general practices, limits and restrictions at any time, in Morning Consult’s sole discretion, with or without notice.

NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via MC Pro Media in a manner that constitutes copyright infringement, please inform Morning Consult’s designated copyright agent by sending written notice by U.S. Mail to Morning Consult, Attn.: Legal, 1025 F Street NW, Suite 800, Washington, DC 20004 or by email to [email protected]. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on MC Pro Media; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only.

DISCLAIMERS

No Warranties. YOUR ACCESS TO AND USE OF MC PRO MEDIA IS AT YOUR SOLE RISK. MC PRO MEDIA AND ALL MATERIALS, CONTENT, PRODUCTS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MORNING CONSULT AND MORNING CONSULT’S AFFILIATES, AND THEIR RESPECTIVE AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT OR REPRESENT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, RELIABILITY, QUALITY, AVAILABILITY, SECURITY, VALIDITY, OR FITNESS FOR A PARTICULAR PURPOSE OF MC PRO MEDIA OR THE MATERIALS, CONTENT, PRODUCTS, INFORMATION AND SERVICES AVAILABLE THROUGH MC PRO MEDIA. MORNING CONSULT DOES NOT GUARANTEE THAT MC PRO MEDIA OR THE MATERIALS, CONTENT, PRODUCTS, INFORMATION OR SERVICES AVAILABLE THROUGH MC PRO MEDIA WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MORNING CONSULT MAKES NO WARRANTY OR REPRESENTATION THAT (1) MC PRO MEDIA WILL MEET YOUR REQUIREMENTS, (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MC PRO MEDIA WILL BE ACCURATE OR RELIABLE, (3) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MC PRO MEDIA WILL MEET YOUR EXPECTATIONS, OR (4) ANY ERRORS IN MC PRO MEDIA WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIALS, CONTENT, PRODUCTS, INFORMATION OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MC PRO MEDIA IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (AND ANY OTHER SYSTEM OR ASSET) OR LOSS OF DATA THAT MAY RESULT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR EXPRESS WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity. You agree to defend, indemnify and hold Morning Consult, its licensors, its partners, and the affiliates, directors, officers, agents, representatives, employees, successors and assigns of each (the “Indemnitees”) harmless from and against any claim, suit, action or demand, including any and all losses, damages, liabilities, costs and expenses related thereto (including reasonable attorneys’ fees and expenses), made by any third party due to, in connection with or arising out of your use of MC Pro Media, your violation of these Terms, or your violation of any rights of another person.

Limitation of Liability. UNDER NO CIRCUMSTANCES, WHETHER AN ACTION IS IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, AND REGARDLESS OF THE THEORY OF LIABILITY, SHALL ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR IF SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE), RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, MC PRO MEDIA OR (B) ANY MATERIALS, CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH MC PRO MEDIA. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE INDEMNITEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION. 

PRIVACY

The privacy of the users of MC Pro Media is of the highest importance to Morning Consult. Please review Morning Consult’s Privacy Policy for details. We evaluate the Privacy Policy periodically in light of changing business practices, technology and legal requirements. As a result, we may update the Privacy Policy from time to time. We will notify you about material changes to the Privacy Policy by placing a notice on our website.

MISCELLANEOUS

Notices. By using the MC Pro Media, you consent to receive from Morning Consult all communications including notices, agreements, legally required disclosures or other information in connection with MC Pro Media (“Contract Notices”) electronically. Morning Consult may provide such electronic Contract Notices by posting them on MC Pro Media.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. By using MC Pro Media, you agree that any litigation arising out of or relating to these Terms, the Privacy Policy, or use of MC Pro Media shall be heard exclusively in courts located within the State of Delaware (except as otherwise provided by these Terms), you submit to the personal and exclusive jurisdiction of such courts, and you hereby waive any objections based upon the jurisdiction, forum or venue of such courts.

Arbitration.

Claims Subject to Arbitration. Except for Excluded Claims (defined below), any controversy or claim arising out of or relating to these Terms, the Privacy Policy, or use of MC Pro Media (“Covered Claims”) shall be handled by arbitration administered by the American Arbitration Association (AAA) governed by and in accordance with the Consumer Arbitration Rules of the American Arbitration Association, which you can find at www.adr.org, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Washington, DC. Either party may apply to the arbitrator(s) for purposes of seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). THE PARTIES HEREBY KNOWINGLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY LITIGATION UNDER THESE TERMS. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY.  INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. IN ADDITION, YOU HEREBY AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE PRIVACY POLICY OR USE OF MC PRO MEDIA MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Excluded Claims. You and Morning Consult agree that for all litigation regarding any claims (a) that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court, and (b) that may be brought for injunctive relief to stop unauthorized use or abuse of MC Pro Media or intellectual property infringement (collectively, “Excluded Claims”) and any other controversy or claim for which arbitration is denied, the jurisdiction and venue shall be an appropriate court the state of Delaware.

Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF COVERED CLAIMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts located within the state of Delaware. All other disputes, claims, or requests for relief shall be arbitrated (except to the extent recourse to courts for purposes of obtaining interim or provisional relief is permitted under the terms of the prior paragraph).

Injunctive Relief. Recognizing and acknowledging that any breach by you of the provisions of these Terms may cause Morning Consult irreparable damage for which monetary damages may be inadequate, you agree that, in addition to monetary damages and any other remedies available to Morning Consult at law or in equity, Morning Consult will have the right to petition for injunctive or such other equitable relief as may be necessary to prevent or remedy such a breach or threatened breach without (i) having to prove actual damages or (ii) the requirement of a bond or notice, and you agree not to object or defend against any such action on any basis, including on the basis that monetary damages would provide an adequate remedy. For the avoidance of doubt, Morning Consult may bring such a petition in any court having jurisdiction or, if it chooses, to the arbitrator(s) if an arbitral tribunal has been established pursuant to the arbitration provisions set forth in these Terms. For the avoidance of doubt, nothing contained in this paragraph is meant to conflict with the arbitration provisions set forth in these Terms, and the rights granted to Morning Consult by this paragraph are in addition to those granted to Morning Consult pursuant to the aforementioned arbitration provisions.

Assignment. You agree that these Terms and any other agreement referenced herein may be assigned by Morning Consult in its sole discretion to a third party in the event of a merger, acquisition, or sale of all or substantially all of its assets. You agree that by accepting these Terms you are consenting to the use and disclosure of your personal information and other practices described in our Privacy Policy.

Severability. If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole and, in such event, (i) such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions and (ii) the other provisions of the Terms shall remain in full force and effect.

Waiver. No waiver by Morning Consult of a breach of any provision of these Terms will be effective unless in writing and duly executed by Morning Consult. No such waiver will constitute a waiver of any subsequent breach of the same or any other provision of these Terms. No failure on the part of Morning Consult to exercise, and no delay in exercising, any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by Morning Consult of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend, or discharge any provision of these Terms or the rights or obligations of any party hereunder.

Entire Agreement. These Terms and the Privacy Policy set forth the entire understanding between you and Morning Consult with respect to your use of MC Pro Media, and supersedes any prior agreements, proposals or representations, written or oral, or other understandings among you and Morning Consult with respect to the subject matter hereof, and neither you or Morning Consult will be bound by any conditions, inducements or representations other than as expressly contemplated by these Terms and the Privacy Policy.

Supplemental Terms. If any supplemental or additional terms and conditions (to the extent applicable to your access to and use of the MC Pro Media) are set forth in any section or portion of the MC Pro Media (“Supplemental Terms”), such Supplemental Terms shall apply in addition to these Terms, and in the event of any conflict between these Terms and the Supplemental Terms, these Terms shall govern.

Construction. The headings in these Terms are for convenience only. They do not constitute a portion of these Terms and will not be used in any construction thereof. Any interpretation of these Terms will not presume that its provisions should be more strictly construed against one party by reason of any rule of construction or authorship. Any signatures or acknowledgements that are electronic or that are delivered electronically will be deemed effective for all purposes and will be deemed originals.

Compliance with Laws. You assume all knowledge of applicable law and are responsible for compliance with such laws. You may not use MC Pro Media in any way that violates applicable state, federal or international laws, regulations or other government requirements.

Amendment. We may modify these Terms at any time by posting a revised version on this website. In the event Morning Consult does update these Terms, the modified Terms will be effective immediately upon being posted. Your continued use of MC Pro Media after Morning Consult modifies these Terms shall constitute your agreement to be bound by these Terms as modified. It is your responsibility to review these Terms each time you access or use MC Pro Media. If you choose not to accept any modifications hereto, your only recourse is to stop using MC Pro Media.

Last Updated: July 3, 2024