Terms of Use

These Terms of Use were last updated on May 30, 2025.

The Mighty website and platform (the “Website”) is owned and operated by Mighty LLC (“Mighty” or the “Company”), a Nevada limited liability company. These Terms of Use (“Terms”) and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you (“you” or “your”) and Mighty (“we”, “our”, or “us”). Subject to Section 12 of these Terms, this Agreement governs your access to and use of any Mighty website, your use or attempted use of our or our affiliates’ respective clients/advertisers’ (the “Advertisers”) products and services, and your use or attempted use of our products and services(collectively, the “Services”). Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

Notice of Agreement to Arbitrate and Class Action Waiver

By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 5 of these Terms below.

Contents

  1. Eligibility
  2. Intellectual Property
  3. Disclaimer
  4. Website Access
  5. Agreement to Arbitrate
  6. Consent to Contact
  7. Voice Recording and Monitoring Consent
  8. Limitation on Liability
  9. Indemnification
  10. Modifications to the Agreement
  11. Miscellaneous
  12. Relationship With Other Agreements
  13. Contact Us
  14. Acknowledgement

1. ELIGIBILITY

To use the Website, you must be 18 years or older and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; or 13 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use theWebsite. If you use the Website, you are confirming that you are at least 13 years old.

2. INTELLECTUAL PROPERTY

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by Company and/or its Advertisers, suppliers, representatives, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, if you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted here in are reserved.

If you believe that any materials on the Website violate your copyright, please send us a notice of copyright infringement (please see our contact information below). It is the policy of the Company to terminate the access of repeat infringers.

3. DISCLAIMER

The Company and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, Services, or other material on the Website. While the Company strives to keep the information on the Website accurate, complete, and up to date, it cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information on the Website.

Disclaimer of Warranties

The Website is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Company expressly disclaims all warranties of any kind, whether express of implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.

Company does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error free, or that defects, if any will be corrected. Company makes no warranties as to the results that may be obtained from the use of the Website or as to the accuracy, quality, or reliability of any information obtained through the Website. You understand and agree that any material and/or data downloaded or otherwise obtained using the Website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Company directly, or through this Website, shall create any warranty not expressly made herein.

4. WEBSITE ACCESS

A. Registration

You agree and acknowledge that you may be asked by us to provide certain registration, transaction, or other information to access certain parts of the Website. This information may also be required to complete any application for products or services offered by the Advertisers that contract with the Company (including Advertisers that contract with the Company’s affiliates and/or parent company). You agree and acknowledge that it is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. All applications for our Advertisers’ goods and services submitted on our Website are governed by the Advertisers’s Terms of Sale. You agree that all information you provide to register with or complete any transactions on this Website or otherwise, including the use of any interactive features/by-flows on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you register, you acknowledge that your account is personal to you and agree not to provide any other person with or access to your username, password, or other security or registration information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security, whether such use is otherwise consistent with the Terms.

We reserve the right in our discretion to disable any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion and without notice, at any time, if we perceive usage irregularities or suspect that a violation of any provision of these Terms of Use has occurred or is likely to occur.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

B. Improper Uses

You agree to use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates federal, state, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

C. Website User Input

Any information, data, material, or content which you post publicly to the site will be considered non-confidential and non-proprietary. By providing any such materials on the Website, you grant us and our licensees, successors and assigns the perpetual, worldwide, royalty-free right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: (1) You own or control all rights in and to any such materials and have the right to grant the license granted above to us and our licensees, successors, and assigns; and (2) Any materials which you post publicly do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any materials you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

D. Monitoring and Termination of User Posted Materials

We have the right to:

  • Remove or refuse to post any materials for any or no reason in our sole discretion.
  • Take any action with respect to any materials that we deem necessary or appropriate in our sole discretion, including if we believe that such materials violate the Terms of Use, infringe any intellectual property rights or other rights of any person or entity, threaten the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.
  • We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AGENTS, REPRESENTATIVES AND ADVERTISERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

E. User Contributions

You agree that any material which you post to the Website (and any sites or social media platforms from which you link to the Website’s homepage) will not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

F. Links

You may link to our homepage, but not other portions of the Website; provided you do so in a way that is (1) consistent with the Terms of Use, (2) fair and legal; and (3) does not damage our reputation or take advantage of it. However, you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

5. AGREEMENT TO ARBITRATE

You and we each agree that any and all disputes or claims with or against any party that relate to or arise from your use of or access to our Website, the Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).

A. Prohibition of Class and Representative Actions and Non-Individualized Relief

You and we agree that each of us may bring claims that relate to or arise from your use of or access to our Website, the Services, or any products or services sold, offered, or purchased through our Services only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. or the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.

B. Arbitration Procedures

The arbitrator, and not any federal, state, provincial or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

The arbitration shall be held in Clark County, Nevada. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.

C. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will arrange to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

D. Confidentiality

The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.

E. Severability

Except for any of the provisions in Section 5(A) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 5(A) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

6. CONSENT TO CONTACT US

You agree that providing your telephone number in any submission on our websites, that you provide your signature expressly consenting to contact from the Company, its Advertisers, subsidiaries, affiliates, representatives or agents at the number you provided regarding products or services via live, automated or prerecorded telephone call, text, or email. You understand that your telephone company may impose charges on you for these contacts, and you are not required to enter into this agreement as a condition of any purchase. You understand that you can revoke this consent through any reasonable means.

By including your email in any submission, you are extending an express invitation to the Company to contact you by email at any email address you provided (in this case, any such email will not be considered spam or unauthorized by any local, state or federal law or regulation). For any service, you represent that all the information you have provided in your submission is true and complete.

7. VOICE RECORDING AND MONITORING CONSENT

You agree and consent that Mighty may record or monitor communications made by you during any calls you make to the Website and/or its representatives as permitted by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state laws that regulate call monitoring and recording. By calling the Website, you expressly consent and grant it the right to record or monitor and use this information for the purposes set out in the Privacy Policy. The Website is under no obligation to monitor or record its services for accuracy, completeness, or quality.

8. LIMITATION ON LIABILITY

You expressly understand and agree that under no circumstances will Mighty, its Advertisers, suppliers, parents, subsidiaries, representatives, affiliates, or agents be liable for indirect, special, incidental, or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the way damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Website and/or Services, (2) the use of, or the inability to use, items purchased on the Website or through its representatives or Advertisers; or (3) the cost of procurement of substitute services or items.

9. INDEMNIFICATION

You agree to indemnify and hold harmless Mighty, its directors, officers, employees, Advertisers, agents, co-branders, representatives, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website and/or the Services; (ii) information you submit or transmit through the Website or disclose to Mighty's representatives or agents; (iii) privacy, tort or other claims (e.g., claims under the Telephone Consumer Protection Act or its state or other jurisdiction’s law equivalent) relating to the provision of personal information (e.g., telephone number) to Mighty, its affiliates, its Advertisers and/or their respective representatives that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.

10. MODIFICATIONS TO THE AGREEMENT

Mighty may make changes to these Terms of Use, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

11. MISCELLANEOUS

Mighty may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Mighty. No delay by Mighty in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect Mighty’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Mighty in writing. These Terms of Use supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

12. RELATIONSHIP WITH OTHER AGREEMENTS

If you have entered into a Member Agreement with us, any dispute arising under the Member Agreement will be resolved according to its terms. Likewise, if you have entered into a Provider-Advertiser Agreement Terms including any related statements of work (collectively, the "Provider-Advertiser Agreement"), any dispute related to the Provider-Advertiser Agreement will be governed solely by its terms. For all other disputes concerning the Website and/or the Services that do not arise from the Member Agreement or the Provider-Advertiser Agreement, these Terms and our Privacy Policy will apply, superseding all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

13. CONTACT US

This Website is operated by the Company. All notices of copyright infringement claims should be sent to the email address info@joinmighty.com with the subject line “Legal”. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@joinmighty.com.

14. ACKNOWLEDGEMENT

By using the Website, you acknowledge and agree: (i) that the Company is a Nevada limited liability company, but may be registered to do business in other U.S. states under the fictitious name or alternate name of "Mighty Business Group"; (ii) that the Company is agreeing to the Terms in the state of Nevada; and (iii) that all Services provided by the Company in accordance with these Terms are to be deemed performed in Nevada.