Terms of Service
Your use of the MightyHumans website is governed by the following Terms & Conditions.
Thank you for visiting MightyHumans website (the “Site”). The following Terms & Conditions apply to the MightyHumans website, by accessing or using the Site, YOU AGREE TO THESE TERMS & CONDITIONS IN THEIR ENTIRETY. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the Site and bound by these Terms and Conditions. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the Site.
All right, title and interest in the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to MightyHumans or its licensors. Nothing in these Terms and Conditions or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part.
All content included on the Site, such as text, graphics, logos, images, button icons, audio clips, video, photographs, data, and other material (collectively "Content") is owned or licensed property of MightyHumans or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and MightyHumans owns a copyright in the selection, coordination, arrangement and enhancement thereof.
MightyHumans and other related marks, design marks, product names, feature names and related logos used in the Site are trademarks of MightyHumans and may not be used, copied or imitated, in whole or in part, without the express prior written permission of MightyHumans. In addition, the look and feel of the Site constitutes the service mark, trademark and/or trade dress of MightyHumans and may not be copied imitated or used, in whole or in part, without the express prior written permission of MightyHumans. MightyHumans’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages MightyHumans or suggests a sponsorship, affiliation or endorsement by MightyHumans.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
You agree that any User Content that you submit to the Site: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; and (iv) will not cause injury to any person or entity. You are solely responsible for the User Content you submit, and MightyHumans assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
By submitting any comments, feedback, notes, messages, ideas, suggestions, blog comments, survey information or other materials, (collectively, “Feedback and Submissions”), you hereby grant to MightyHumans a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these Feedback and Submissions in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
DMCA NOTICE - NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you have any alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"), you can contact us at firstname.lastname@example.org
LINKS TO THIRD PARTIES
The Site may contain links and interactive functionality interacting with third parties, including social media applications and any other interactive applications. MightyHumans is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions to communicate with any such application or otherwise visiting any such application, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party application. The links and interactive functionality for third party applications on our Site do not constitute an endorsement by us of such third party application. Other applications may link to the Site with or without our authorization, and we may block any links to or from the applications, in our sole discretion. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES
MightyHumans cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM MIGHTYHUMANS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. MIGHTYHUMANS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY MIGHTYHUMANS IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, MIGHTYHUMANS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE SITE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH PROVIDER AND NOT BY MIGHTYHUMANS.
IF NUTRITION, INGREDIENT, ALLERGEN, EFFICACY AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE SITE, MIGHTYHUMANS DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION WE MAY MODIFY PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE SITE. IN NO EVENT WILL MIGHTYHUMANS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
The Site is controlled and operated by MightyHumans from the United States, and is not intended to subject to the laws or jurisdiction of any state, country or territory other than that of the United States. MightyHumans does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Most of our products displayed at the Site are available in selected stores in the United States while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in the selected stores. Any pricing information at the Site is quoted in U.S dollars and are valid and effective only in the United States.
THE SITE INCLUDES HEALTHCARE, NUTRITIONAL, ALTERNATIVE PRACTICES, ALTERNATIVE HEALING/MODALITY AND SELF-CARE/IMPROVEMENT INFORMATION, TOOLS, METHODOLOGIES AND TECHNIQUES, THIS INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT, TOOLS AND OR TECHNIQUES DISCUSSED WITHIN THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MIGHTYHUMANS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF MIGHTYHUMANS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the WFM Website, please send an email to email@example.com. You may also contact us by calling us at 888-597-7982. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and MightyHumans with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about your use of the Site, please contact us at firstname.lastname@example.org with a detailed description, and we will try to resolve it.