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Terms and Conditions
Agreement between User and Mighty Holdings Inc
Mighty Holdings inc and https://Mightyclosings.com/ is a Real Estate SAAS based technology company and website assisting Realtors, home buyers, sellers and homeowners to simplify the homebuying and selling transaction to help better manage their homes with web-based technologies and solutions. Unless you are a professional with a written relationship/agreement with Mighty Holdings Inc, you agree to use the services for your personal use only.
Information about your property has been gathered and collected through public resources like, but not limited to, county assessors, city data files, etc. In addition, data points about your property may have also been gathered from private data warehouse services.
Users can cancel anytime. No charge for free accounts. Accounts with paid premium services may cancel as per the terms of their premium services agreement agreed upon sign up for that service. Professionals will be bound by the terms of their membership/advertiser’s user agreement.
Links to Third Party Sites/Third Party Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mighty and Mighty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mighty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mighty of the site or any association with its operators.
Certain services made available via https://mightyclosings.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://mightyclosings.com/ domain, you hereby acknowledge and consent that Mighty may share such information and data with any third party with whom Mighty has a contractual relationship to provide the requested product, service or functionality on behalf of https://mightyclosings.com/ users and customers.
You agree that (i) you will use the Service solely in accordance with this Agreement, (ii) all information supplied by you to us will be true, accurate, current and complete, (iii) you may receive electronic communications (e.g., e-mail notices) from us from time to time, and (iv) you will review the latest version of this Agreement posted on the Service from time to time to check for amendments that may apply to you (as more fully described in Section 12 below). We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.
You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
You are responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
Your mobile carrier’s normal messaging, data and other rates and fees will apply to all communications we send to your mobile device and to your access of the Service via your mobile device. Your carrier may prohibit or restrict certain capabilities of the Service, and certain capabilities of the Service may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. Wireless service is not available in all areas. Not all handsets are supported.
Restrictions on Use of the Service.
You represent, warrant, and agree that you will not:
Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties;
Use the Service for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
Permit or otherwise enable unauthorized users to access and/or use the password-protected portions of the Service;
Use the Service to export data in violation of applicable U.S. laws or regulations;
Sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
remove any copyright, trademark, patent or other proprietary notices from the Service;
distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;
frame or utilize framing techniques to enclose the Service, or any portion thereof;
exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
register as a user of the Service by providing false, inaccurate, or misleading information including but not limited to impersonating another by name or email; Specifically to re-sellers and vendors that you will not use this service on behalf of your client, or permit any staff or employee to do the same, and warrant that you will instruct clients to upload reports themselves.
use the Service to impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;
collect personal data about other users of the Service for commercial or any other purposes;
submit or post irrelevant Content (as defined in Section 7 below), repeatedly submit or post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);
make available Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing; or
create or attempt to create multiple user accounts on the Service.
Provision of the Service by Mighty
We are constantly improving the Service in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Service which we provide may change from time to time without prior notice to you. Any new features that augment or enhance the current Service shall be subject to this Agreement.
Access to the Service; Reservation of Rights.
Provided that you comply at all times with the terms of this Agreement, we hereby give you a personal, worldwide, revocable, non-assignable and non-exclusive right to access and use the Service to the extent we make it available to you in the manner and for the purposes expressly permitted by the Agreement. You may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service and any such attempt shall be null and void at the time of such attempt.
We reserve all right, title and interest in and to the Service not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.
Your Password and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately by using the “Contact Us” feature on the Website.
Content in the Service; Citations.
You understand that all information (such as data files, location information, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to as “Content”. Certain Content is made available only to persons that have subscribed to receive access thereto by entering into a separate Subscription Agreement with Mighty.com.
You acknowledge that Content presented to you as part of the Service may be protected by intellectual property rights which are owned by third parties, such as the persons and/or entities that provide that Content to us (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that Content, in writing.
With respect to Content comprised solely of Mighty.com’s original Content, if you include an Appropriate Citation (as defined below), then you may reproduce no more than one graphic or slide or chart and no more than one paragraph of text (or three non-contiguous sentences) in any one article or report you create (if you are a member of the Press) or any one internal presentation, without our prior written approval. An “Appropriate Citation” is a reasonably prominent citation to Content that is clearly sourced to “Mighty.com, Inc.” and includes the date (year) that such Content was originally published and identifies all third party sources of all underlying data used by Mighty.com to generate such Content.
We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.
You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
You agree that you are responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mighty or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mighty content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Mighty and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mighty or our licensors except as expressly authorized by these Terms.
Automated queries including but not limited to screen and database scraping, robots, crawlers and any other automated activity with the purpose of obtaining information from Mighty, its users and information providers are strictly prohibited unless you have a written agreement with Mighty. Mighty reserves the right to make exceptions for publicly available search engines and other Internet navigation tools to the extent such unlicensed “fair use” is allowed by applicable copyright laws. Search engines are not permitted to query or search information which is protected by a security capture system which limits access to human users
Rights you grant to us.
By submitting, posting or displaying Content on or through the Service, you give us a worldwide, perpetual, fully-sublicensable, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit such Content in any manner or media whatsoever, now known or hereafter developed.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback you provide to us in any way.
You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf.
In connection with Content you submit, post or display via the Service, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by the Service and this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant us all of the license rights granted herein.
You understand that we may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as we deem necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.
You represent and warrant to us that you have all the rights, capacity, power and authority necessary to grant the above licenses.
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 U.S. copyright law. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and e-mail address; a written 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; 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 are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
You should note that there can be penalties for false claims under the DMCA.
Changes to Agreement.
We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time, and when we do so, we will provide you with reasonable notice that a change, amendment or modification has been made. You agree that reasonable notice includes, by way of example, a reasonably prominent posting on the Website or the sending of an e-mail to you, indicating that this Agreement has been changed. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.
You agree to indemnify, defend and hold harmless Mighty, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mighty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mighty in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mighty agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If you are a California resident, you waive California Civil Code 1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Mighty Holdings Inc AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. Mighty Holdings Inc AND/OR ITS SUPPLIERS, USERS, MEMBERS AND ADVERTISERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Mighty Holdings Inc AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN REGARD TO INFORMATION PROVIDED BY Mighty, USERS, PROFESSIONALS INFORMATION SOURCES ABOUT ANY PROPERTIES OR ANY INFORMATION FOUND ON https://mightyclosings.com/ OR ANY AFFILIATED WEBSITES; WHILE WE WORK DILIGENTLY AND ENCOURAGE ALL INFORMATION SOURCES TO ONLY PROVIDE RELIABLE INFORMATION, Mighty DOES NOT GUARANTEE ANY INFORMATION ON ITS WEBSITE NOR DOES IT VERIFY THE INFORMATION TO BE CORRECT. ANY USER OR PROFESSIONALS UTILIZING THIS INFORMATION TO MAKE ANY DECISIONS SHOULD HAVE ANY AND ALL INFORMATION INDEPENDENTLY VERIFIED TO THEIR SATISFACTION. USERS AGREE TO REPORT ANY MIS-INFORMATION SUBMITTED OR FOUND TO Mighty.
Mighty Holdings Inc IS NOT A LICENSED REAL ESTATE BROKER OR AGENCY NOR IS IT A LICENSED CONTRACTOR/HOME INSPECTOR AND MAKES NO REPRESENTATIONS THEREOF. ALL INFORMATION PROVIDED IS TO ASSIST SITE USERS IN THEIR DECISION MAKING REGARDING THEIR HOMES AND BUSINESSES
Mighty MAY PROVIDE PROFESSIONAL CONNECTIONS AND SERVICES TO ASSIST HOMEOWNERS TO FIND HOME PROFESSIONALS, PRODUCTS, RETAILERS AND LIKE SERVICES. Mighty DOES NOT GUARANTY THE INFORMATION PROVIDED, NOR THE SERVICES OF THE PROFESSIONALS UNLESS Mighty CREATES A SEPARATE CONTRACTING SERVICES AGREEMENT WITH THE USER . UNLESS THERE IS NO SEPARATE CONTRACT IN PLACE YOU, AS THE USER, UNDERSTAND IT IS YOUR RESPONSIBILITY TO VERIFY ALL INFORMATION REGARDING SERVICE PROFESSIONALS, THEIR BIDS & ESTIMATES/QUOTES AND HIRING SERVICE PROFESSIONALS. ANY AND ALL WORK AGREEMENTS ARE BETWEEN YOU, THE USER AND THE PROFESSIONAL ONLY AND DOES NOT INCLUDE MIGHTY.
MIGHTY INSPECTION ESTIMATE REPORT IS A 3RD PARTY REVIEW/SUMMARY OF A PROPERTY’S INFORMATION/INSPECTION BASED UPON THE HOME INSPECTION PROVIDED TO MIGHTY BY THE USER FOR ESTIMATING AND NEGOTIATIONS. THE ESTIMATE MAY INCLUDE ESTIMATES AND DESCRIBED SOLUTIONS FOR REPAIRS BASED UPON THE HOME INSPECTION PROVIDED BY THE USER. THESE ESTIMATES AND SOLUTIONS ARE NOT TO BE DEEMED ACTUAL CONTRACTOR QUOTES FOR THE SPECIFIC ADDRESS. GETTING ACTUAL QUOTES AND SOLUTIONS WITH LOCAL CONTRACTOR WOULD BE THE NEXT STEP TAKEN BY THE USER. ACTUAL COSTS FOR THE REPAIRS MAY BE HIGHER, OR LOWER. ESTIMATES AND QUOTES ARE NOT THE SAME THING AND WE’LL EXPLAIN THE DIFFERENCE. AN ESTIMATE IS NOT A FIXED COST, IT CAN EITHER INCREASE AND DECREASE BASED ON THE DETAILS THAT ARISE WHEN THE FULL EXTENT OF THE JOB REVEALS ITSELF. A QUOTE IS A FIXED, FORMAL CONTRACT THAT CANNOT BE CHANGED. A QUOTE IS GIVEN AS A FORMAL CONTRACT WHEN YOU HIRE A CONTRACTOR FOR A SCOPE OF WORK.MIGHTY’S ESTIMATES ARE PERFORMED BY OUR IN-HOUSE ESTIMATORS WHO WORK CLOSELY WITH LOCAL LICENSED AND INSURED CONTRACTORS.OUR ESTIMATES ARE BASED ON LOCAL LABOR COSTS, ACTUAL PROJECTS COMPLETED FOR SIMILAR REPAIRS IN YOUR AREA. WHILE MIGHTY MAKES DILIGENT EFFORTS TO INCLUDE ALL REPAIRS AND DETAILS FROM THE USER AS SPECIFIED IN THE PRODUCT FEATURES DESCRIPTION – IT IS NOT GUARANTEED. A USER SHOULD VERIFY ALL INFORMATION INCLUDED IN THE MIGHTY REPORT TO THEIR SATISFACTION BEFORE RELYING UPON IT FOR ANY REASON. THE MIGHTY REPORT MAY INCLUDE RECOMMENDATIONS FOR SERVICES OR PRODUCTS. USERS SHOULD RESEARCH AND VERIFY ALL ASPECTS OF THESE RECOMMENDATIONS TO THEIR SATISFACTION PRIOR TO TAKING ANY ACTION. A USER SHOULD VERIFY ALL INFORMATION INCLUDED IN THE RESOURCES/3RD PARTY INFORMATION TO THEIR SATISFACTION BEFORE RELYING UPON IT FOR ANY REASON. USE OF DOCUMENTS IS AT THE USERS RISK. USER IS RESPONSIBLE FOR ADDING, REMOVING OR SHARING DOCUMENTS AT THEIR DISCRETION.
Mighty reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mighty as a result of this agreement or use of the Site. Mighty’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mighty’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mighty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mighty with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mighty with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms
Mighty reserves the right, in its sole discretion, to change the Terms under which http://www.Mighty.com is offered. The most current version of the Terms will supersede all previous versions. Mighty encourages you to periodically review the Terms to stay informed of our updates.
Governing Law and Venue for Disputes.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of Delaware without regard to its conflict or choice of laws provisions. Any dispute with us, or our officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the federal or state courts located in Delaware (and courts with appellate jurisdiction therefrom), except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision and the disclaimer of liability and disclaimer of warranties herein, we are able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement. 18. Severability.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
Communications by us.
You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Service, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter, except with respect to subscribers that have subscribed for access to certain Content on the Service, for whom a Subscription Agreement shall also apply. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.
Mighty Holdings Inc
100 S Commons Dr #102 Pittsburgh, PA 15212