Mighty Is Her Call, Inc. Website Terms of Use
Effective Date: October 24, 2018
These Terms of Use apply to all visitors who use the publicly available pages of the website located at www.mightyishercall.com (the “Site”). These Terms of Use are between you, as a user of any portion of the Site, (“you” or “your”) and Mighty is Her Call, Inc. (“MIHC”, “we”, “us” or “our”). The terms of our Privacy Policy, which can be found at [https://mightyishercall.com/privacy-policy/ are hereby incorporated as part of these Terms of Use.
BY USING OR OTHERWISE ACCESSING THE SITE, AND/OR POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE.
1. Who Can Use Our Site
You may not use our Site if you are prohibited, either by the laws of the United States of America or any other country, from accessing the Site or receiving any services via our Site. If you are under 18, you may use our Site only with involvement of a parent or guardian.
We are committed to protecting the privacy of children. Our Site is not designed for or directed to children under the age of 13, and no one under 13 is allowed to create an account or use the Site. We do not intentionally collect personally identifiable information from any person we actually know is under the age of 13. We urge all parents or caretakers to participate in their children’s exploration of the Internet, and to teach their children about protecting their personally identifiable information while online. If you use the Site, you hereby represent and warrant that you are at least 13 years of age.
Our Site and the Content (defined below) is hosted in the United States and is governed by United States law. Our products, services and other Content on our Site are only directed at those located within the United States. If you are using our Site from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
2. Your Acceptance to These Terms of Use
Access to and use of our Site is conditioned upon your agreement to these Terms of Use. You are deemed to accept these Terms of Use when you use any available pages of the Site or each time you access the Site. These Terms of Use and our Privacy Policy are available on various pages of the Site. By using or otherwise accessing the Site, and/or posting or downloading Content or any other information to or from the Site, you acknowledge that you have read, understand, and you hereby agree to, and shall be subject to, these Terms of Use. If you do not unequivocally agree to these Terms of Use, you may not use or otherwise access the Site.
By using or otherwise accessing our Site, you hereby represent and warrant to us that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms of Use, including, if you are below the age of 18, but between 13 and 18 years of age, you have consent of a parent or guardian to access and use the Site; (ii) all information provided by you is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site or any part thereof.
3. Ownership of the Site; Intellectual Property
Our Site contains text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Content”) which are provided or derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. The entire content of our Site is copyrighted as a collective work under United States copyright laws, and are protected by other laws in the United States and in other countries. Trademarks, logos, and service marks displayed on our Sites are registered and/or unregistered trademarks of MIHC, its licensors or content providers, or other third parties. As between you and us, you acknowledge that MIHC is the exclusive owner of the Site and its Content, and that the Site is the proprietary intellectual property of MIHC. Any unauthorized use of our intellectual property, including our marks, our Content and other copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.
4. Rights We Grant You
We hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Site and any Content contained on our Site for the purposes expressly authorized by us. Our Site is provided for your personal information and non-commercial use. Nothing in these Terms of Use is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of MIHC or any third party, except as expressly provided in these Terms of Use. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content. All rights not otherwise expressly granted by these Terms of Use are reserved by us.
5. Restrictions on Use of the Site
By using and accessing our Site, you acknowledge and agree that you must NOT:
a) use our Site for any illegal or unauthorized purpose, including using our Site in a manner that intentionally or unintentionally violates any applicable local, state, national or international law and these Terms of Use, or for any purpose that infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
b) use our Site for any purpose that may be deemed by us to be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy (including stalking), tortious, explicit or graphic descriptions or accounts of sexual acts (including sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise in violation of these Terms of Use;
c) use our Site for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or use our Site to harm or exploit minors in any way;
d) engage in any activity or use any device, software, or routine that interferes with or disrupts our Site (or the servers and networks which are connected to our Site), or a user’s access to our Site, or our Site’ operations, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or by injecting content or code or otherwise alter or interfere with the way any part of our Site is rendered or displayed in a user’s browser or device;
e) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Site;
f) impersonate any person or entity, including any employee or representative of us or otherwise misrepresent your affiliation with a person or entity;
g) frame or otherwise simulate the appearance or functions of the Site or any portion thereof;
h) modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Site, including any Site included on our Site;
i) use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Site, deep-link to any feature or content on our Site, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other measures we may use to prevent or restrict access to our Site or copying of any Content or enforce limitations on use of our Site and the Content on our Site;
j) collect or store personal data about other users without permission; and
k) use our Site for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
6. Suspension; Modification; Termination
We may, from time to time and at our sole discretion, discontinue or alter all parts or any aspect of the Site, remove Content from the Site, or restrict the time the Site is available. You acknowledge and agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Site or any part thereof, including, without limitation, for the following reasons: (a) your or another user’s breach or violation of these Terms of Use or other agreements or guidelines referenced in these Terms of Use; (b) our discontinuance or modification to the Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you or another user in fraudulent or illegal activities. You further agree that any such actions may be taken without notice to you, in MIHC’s sole discretion, and without liability to you or any third party.
At any time and for any or no reason, MIHC may add or remove features, products, services, or functionalities to our Site. We may also suspend or stop providing the Site altogether. We may also terminate or suspend your access to all or part of our Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to our Site (or other users) or is in violation of any applicable law or these Terms of Use. We may not provide you with any notice beforehand when we take any of these actions. MIHC shall in no way be held liable for any consequence which results from any decision to modify or discontinue providing the Site.
If applicable, MIHC may prohibit you from using or accessing the Site by placing a temporary hold or freeze on your account if we suspect you are violating applicable law or these Terms of Use. If no violation is found, we will remove the hold and you may continue using the Site.
7. Feedback
Should you provide us with comments, feedback, information, or data about our Site, our Content, or use of our products or services, such as ideas, feedback, suggestions, or questions, (collectively, “Feedback”), your Feedback will not be given confidential treatment. By sending us any Feedback, you agreed to fully and irrevocably assign and you hereby fully and irrevocably assign such Feedback (along with any underlying or related ideas, concepts, techniques, know-how, and intellectual property rights) to MIHC without charge. You further agree to take all acts reasonably requested by MIHC to confirm MIHC’s ownership of such Feedback. As the sole and exclusive owner of such Feedback, we will be free to reproduce, make, copy, use, disclose, sell, distribute, and otherwise exploit such Feedback, for any commercial or non-commercial purposes (including into MIHC’s products, services, Content, Site, or other offerings of MIHC), without any obligation or compensation to you of any kind.
8. Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others. If you believe that any Content of our Site may infringe your copyrights or other intellectual property rights, please provide MIHC the written information specified below. Please note that this procedure is exclusively for notifying MIHC if you believe that your intellectual property rights have been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
A description of the intellectual property right that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property 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 intellectual property owner or authorized to act on the intellectual property owner’s behalf.
MIHC’s recipient for notice of claims of copyright infringement or other intellectual property infringement on our Site can be reached as follows:
Mighty is Her Call, Inc.
Attn: Kathryn Rombs, President
events@mightyishercall.com
9. Orders
When placing orders or otherwise purchasing tickets, products or services on the Site or making donations through the Site (collectively, placing “Orders”), the following terms and conditions will also apply:
9.1 Pricing and Specifications. All prices are in U.S. currency. You are responsible for any sales, use, and other taxes, duties and charges for your Orders, as well as all costs of packing, storage, transportation, shipping, handling and insurance (collectively, “Additional Costs”). Product and event pictures are simulated and are for your reference only – actual product or event may vary. The pricing and specifications are subject to change without notice. We also have the right to adjust and communicate alternative pricing should an error be found in any Content on the Site.
9.2 Order Placement. All Orders must be placed with a valid credit card or other form of payment (such as PayPal) accepted by our third-party payment and shopping cart processor. We do not accept Orders for any other form of payment or on credit. In the event we are unable to process your account transaction or the transaction is later rescinded and charged back to our account, you agree to be responsible to us for any reimbursement and additional fees incurred by us arising out of your transaction. Orders you place with us are generally not subject to cancellation.
9.3 Fulfillment, Delivery. When you place an Order on our Site, you understand that we may forward your Order to one of our authorized, third party suppliers for fulfillment. We and they reserve the right to reject any Order that may have been accepted by our automatic shopping cart if the Order does not otherwise comply with the Terms of Use or any other terms of sale. Once we or they accept your Order, we or they will then process your Order and take appropriate steps to fulfill your Order.
9.4 Inspection. When you receive your products, tickets, or confirmation of donation, you must conduct a reasonable and complete inspection of the products, tickets, or confirmation of donation. If you discover any discrepancies or other non-conformities with the products, tickets, or confirmation of donation, you must notify us within 15 days after receipt, and we have the right to cure any discrepancy or non-conformity within a reasonable time as your sole and exclusive remedy. If you do not notify us of any damages, shortages, or non-conformities within this 15-day period, you will be deemed to have accepted the products, tickets, or confirmation of donation.
9.5 Limitations of Liability for Orders. WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES RELATING IN ANY WAY TO ORDERS OR THE PRODUCTS, SERVICES, OR TICKETS WE PROVIDE TO YOU OR FOR THE DONATIONS YOU MAKE TO US. IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY UNDER ANY ORDER FOR DAMAGES, OF ANY KIND, IN AMOUNTS THAT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE PRODUCTS, SERVICES, TICKETS, OR DONATIONS GIVING RISE TO SUCH LIABILITY.
9.6 Force Majeure. If there is a delay or failure in our performance, or if our performance is made impractical or commercially unreasonable, due to causes beyond the reasonable control of us or our affiliates, whatever delivery or other obligation that is affected will be extended for a period equal to the time lost by reason of such cause. As examples, causes beyond our reasonable control include fire, hurricane, flood or other act of God, labor dispute or strike, terrorism, war or civil commotion, governmental action, equipment breakdown, inability to obtain the necessary labor, materials or equipment required to manufacture the goods and products, cybersecurity attacks, failures of suppliers, failure of utilities (including internet) or any other cause beyond our reasonable control.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR ON, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIHC MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES IN OR ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MIHC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR OTHER INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND MIHC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE OR CONTENT OR INFORMATION CONTAINED ON OR ACCESSED VIA THE SITE. PLEASE BE AWARE THAT INTERNET DATA TRANSMISSION IS NOT ALWAYS SECURE AND WE CANNOT WARRANT OR GUARANTEE THAT INFORMATION YOU TRANSMIT UTILIZING THE SITE IS SECURE. MIHC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. ALL USE OF THE SITE IS AT YOUR OWN RISK.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MIHC OR ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS OR REPRESENTATIVES OF MIHC OR ITS AFFILIATES (COLLECTIVELY, THE “MIHC PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SITE AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN THE EVENT THE MIHC PARTIES ARE NONETHELESS HELD LIABLE TO YOU FOR ANY DAMAGES, THEN SUCH DAMAGES SHALL BE CAPPED AT THE GREATER OF: (I) THE FEES PAID BY YOU TO MIHC TO ACCESS OR USE THE SITE (IF ANY) OR (II) US$500.00.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE INTERNET CONNECTION TO ACCESS THE SITE VIA THE INTERNET AND THAT MIHC WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS THE SITE DUE TO ANY POWER OR INTERNET DATA CONNECTION FAILURE.
12. Exclusions and Limitations
NOTHING IN THESE TERMS OF USE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND MIHC’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Release and Indemnification
13.1 Release. You agree to release the MIHC Parties (as defined above) from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not satisfied with the Site or object to any Content or other material within or on the Site, your sole and exclusive remedy is to immediately stop using and accessing the Site.
13.2 Indemnification. You agree to indemnify and hold the MIHC Parties (as defined above) harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) the use, by you or any other person accessing our Site on your behalf, of our Site or any Content or other information, materials, products or services contained, displayed or available in or on our Site; (ii) your breach or violation of these Terms of Use or any other guidelines or agreements referenced in these Terms of Use, (iii) any information you provide to MIHC (including any information your provide to us as part of a registration process, contact form, or Feedback); or (iv) your violation of any rights of any third party.
13.3 Release by California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST MIHC.
14. Third-Party Websites & Content
As an accommodation to you and our other users, our Site may contain links to third-party websites, advertisers, services, special offers or other events or activities (collectively, “Third-Party Websites”) that are not owned or controlled by MIHC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Websites nor do we endorse such sites. MIHC does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via Third-Party Websites. If you access a Third-Party Website in the course of using our Site, you do so at your own risk, and you understand that these Terms of Use and our MIHC Privacy Policy do not apply to your use of such Third-Party Websites. You expressly release the MIHC Parties (as defined above) from any and all liability arising from your use of any Third-Party Website or third party-owned content.
MIHC does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via our Site (“Third Party Content”). Any Third Party Content placed on the Site represent the views of and is the responsibility of those who post those comments, opinions, or statements, and do not necessarily represent the views of MIHC.
15. Arbitration; Class-Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND MIHC TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
For any dispute you have with any of the MIHC Parties (as defined above), you agree to first contact MIHC and attempt to resolve the dispute with MIHC informally. Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with these Terms of Use and for which either you or we seek equitable relief, all differences, disputes or claims arising in connection with these Terms of Use or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) at an AAA office in or nearest to Dallas, Texas by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. It is understood that the decision in such arbitration shall be binding on both you and us, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees and that a judgment upon any award rendered may be entered in any court having jurisdiction. Nothing in this Section shall prevent either you or us from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Site or Content. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS MIHC AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND MIHC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
16. Updates to These Terms of Use
MIHC reserves the right to make changes at any time to our Site or these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute your binding acceptance of the modified Terms of Use. If you do not agree to those modifications, you must immediately stop using and otherwise accessing the Site.
17. General
17.1 Term and Termination. These Terms of Use are effective unless and until terminated by MIHC or you. MIHC may, in its sole discretion, terminate your use of the Site or any part thereof if you fail to comply with any term of provision of these Terms of Use. You may terminate these Terms of Use at any time by discontinuing all use of the Site and Content. Termination or cancellation of these Terms of Use shall not affect any right or relief to which either MIHC or you may be entitled at law or in equity. Upon termination, you must terminate all use of the Site and destroy all materials, including any Content, obtained using the Site and all copies thereof.
17.2 Assignment. You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder without MIHC’s prior, written consent. Any assignment in violation of this Section is null and void.
17.3 Entire Agreement/Severability. These Terms of Use, together with the MIHC Privacy Policy, any amendments and any additional agreement you may enter into with MIHC in connection with the Site, shall constitute the entire agreement between you and MIHC concerning the Site and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and MIHC with respect to such subject matter. If any portion of this Agreement is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
17.4 No Waiver. No waiver of any term in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MIHC’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
17.5 Section Headings. The section headings appearing in these Terms of Use have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.
17.6 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using the Site and Content and all provision indicating an ongoing obligation, which include, but are not limited to, any payment obligations arising before the termination of these Terms of Use; Section 3 (Ownership of the Site; Intellectual Property); Section 5 (Restrictions on Use of the Site); Section 7 (Feedback); Section 9.5 (Limitations of Liability for Orders); Section 10 (Disclaimer of Warranties); Section 11 (Limitation of Liability); Section 12 (Exclusions and Limitations); Section 13 (Release and Indemnification); Section 15 (Arbitration; Class-Action Waiver) and Section 17 (General), shall survive any termination or expiration of these Terms of Use, but shall not imply or create any continued right to use the Site or Content after the termination of these Terms of Use.
17.7 Governing Law. The laws of the State of Texas will govern these Terms of Use, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, you agree that any action arising out of the Terms of Use or your use of the Site shall be brought in state or federal court in Dallas County in the State of Texas and you consent to the jurisdiction of such courts.
17.8 Independent Contractor. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site or the Content. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or users shall include such entity or person in addition to you, and you represent and warrant that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to these Terms of Use, and your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person.
17.9 Contact Us. If you have any questions relating to these Terms of Use, the Site or MIHC, please contact:
Mighty is Her Call, Inc.
Attn: Kathryn Rombs, President
events@mightyishercall.com