Terms of Use
Last updated October 26, 2018
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Mighty Deposits LLC ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.mightydeposits.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site or by using the goods or services offered in or through the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy (which is incorporated into these Terms of Use and available at www.mightydeposits.com/privacy-policy).
If you do not agree with all of these Terms of Use, you are not authorized to access or use the Site and you must discontinue use of the Site immediately.
We reserve the right, in our sole discretion and without notice, to make changes or modifications to these Terms of Use at any time and for any reason, including by posting supplemental terms and conditions or documents to the Site (with all of the foregoing expressly incorporated herein by reference). Any changes or modifications will take effect immediately upon us posting the updated Terms of Use on the Site. You are encouraged to periodicially revisit these Terms of Use to review any changes or modifications. The date on which these Terms of Use were last updated will be noted at the top of this page. Your continued access or use of the Site following any such changes or modifications through the Site shall automatically be deemed your acceptance of all changes and modifications.
The Site is intended for users who are at least the age of majority in their respective province, territory, country, or jurisdiction. Users who are minors may utilize the Site only with the involvement of a parent or legal guardian, who must read and agree to these Terms of Use prior to use of the Site.
YOUR ACCESS AND USE OF OUR SERVICES
You are only entitled to access and use the Site for lawful purposes and pursuant to these Terms of Use. Any action by you that, in our sole discretion violates these Terms of Use shall not be permitted, and may result in your loss of the right to access and use the Site. Your access and use of our Services may be interrupted from time to time, including in connection with the malfunction of equipment, our periodic updating or maintenance to the Site or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in our sole discretion and without prior notice.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
1. all registration information you submit will be true, accurate, current, and complete;
2. if you register with the Site, you will not chooses a username that is inappropriate, obscene, or otherwise objectionable (as determined by us in our sole discretion);
3. you will maintain the accuracy of such information and promptly update such registration information as necessary;
4. you have the legal capacity and you agree to comply with these Terms of Use;
5. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
6. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
7. any Contributions (as defined below) will not infringe or otherwise violate our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.
If you breach any of these representations and warranties, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or otherwise for any purpose.
2. Circumvent, disable, or otherwise interfere with security-related features of the Site, or otherwise interfere with, disrupt, or create an undue burden on the Site’s infrastructure.
3. Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, spiders, scrapers, or similar data gathering and extraction tools to access, acquire, copy, or monitor the Site or any Content, including account information of other users.
4. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
5. Delete the copyright or other proprietary rights notice from any Content, or copy, reproduce, modify, create derivative works from, distribute or publicly display any Content or marks without our express prior written permission.
6. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
7. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
INTELLECTUAL PROPERTY RIGHTS
The Site is our proprietary property. Unless otherwise indicated, the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and trademarks, service marks, and logos contained therein (the “Marks”), are owned us or licensed to us. The Content and the Marks are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, translated, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Subject to these Terms of Use, you are granted a limited license to access and use the Site and to print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER CONTRIBUTIONS
The Site may invite you to chat or participate in blogs, message boards, or online forums, and may invite you to submit comments, suggestions, ideas, feedback, or other content and materials to the Site or to us for use on the Site (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. Any Contributions you transmit will be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that you are the creator and owner of or have the necessary licenses, consents, releases, and permissions to use and to authorize us and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. You hereby agree that by submitting your Contributions to us, posting your Contributions to any part of the Site, or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you hereby grant to us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, license to host, use, copy, reproduce, disclose, sell, resell, publish and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. You retain full ownership of all of your Contributions and any intellectual property rights therein.
You are solely responsible for your Contributions to the Site and for any consequences of transmitting, submitting, or posting your Contributions to us or the Site. We reserve the right to (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings.
THIRD-PARTY CONTENT
There may be links or access to other websites or mediums belonging to our advertisers, business partners, affiliates, service providers and other third parties provided on the Site. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties or for examining or evaluating any third-party products or services. We do not warrant their offerings or guarantee that the terms or services offered by any particular advertiser, business partner, affiliate, service providers or other third party on or through the Site are the best terms available in the market. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third party websites or resources.
COPYRIGHT INFRINGEMENT
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.
If copyrighted content that belongs to you was posted on the Site without your permission, please notify us at:
Mighty Deposits.
1452 E 53rd Street
Chicago, IL, 60615
USA
hello(at)mightydeposits(dot)com
Please include in your notice:
· An electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
· The name, address, telephone number, and email address of the copyright owner;
· Identification of the copyrighted work that is being infringed;
· Identification of where the infringing material is located on the Site (a URL works best);
· A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law;
· A statement that the information in your notice is accurate, and
· A statement that you are authorized to act on behalf of the copyright.
Upon receipt of the notification containing the information as outlined above:
· We will remove or disable access to the material that is alleged to be infringing;
· We will forward the notification to the alleged infringer; and
· We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material.
GOVERNING LAW
You agree that these Terms of Use and your use of the Site are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States County, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
LIMITATION OF LIABILITY
EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, NEITHER WE NOR OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS WILL BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICE, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR ANY SERVICE OFFERED THEREIN (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOUR INDEMNIFICATION OBLIGATIONS
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of these Terms of use by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of the Site; (iv) your Contributions; and/or (v) any personal injury or property damage caused by you.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you visit the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by regular mail, by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion which is deemed unlawful, void or unenforceable shall be stricken from these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use. We may assign any or all of our rights and obligations at any time. You agree that these Terms of Use will not be construed against us by virtue of having drafted them and hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Mighty Deposits LLC
1452 E 53rd Street
Chicago, IL 60615
United States
Phone: (773) 417 – 6467
hello(at)mightydeposits(dot)com