Effective Date: October 24, 2018
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.
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
5. Restrictions on Use of the Site
By using and accessing our Site, you acknowledge and agree that you must NOT:
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
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
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.
9.4 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
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.
13.3 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
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.
Mighty is Her Call, Inc.
Attn: Kathryn Rombs, President