Terms and Conditions

Effective Date: June 10, 2020

The website located at www.mightynest.com and all of its subpages (the “Site”) is provided by MightyNest, Inc. (“MightyNest,” “we,” “us,” etc.).  These terms and conditions (“Terms” or “Agreement”) govern your use of the Website and your purchase of products that are offered for sale on the Site (“Products”). This Agreement forms a legally binding agreement between you and MightyNest, and you should read it carefully.

THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.  Please review the section below entitled Dispute Resolution; CLASS ACTION WAIVER for the details regarding your agreement to resolve any disputes with MightyNest on an individual basis.  If you do not agree to the terms of this Agreement or our Privacy Policy, which is incorporated herein by reference, please do not use, or purchase any Products through, the Site.

 

Table of Contents

1. Site Ownership and Content

2. Site Access, Security and Restrictions

3. User Obligations; Accounts; Passwords

4. Accuracy and Integrity of Information

5. Purchases

6. Refund and Return Policy

7. Subscriptions

8. Electronic Communications

9. Links to Other Websites

10. User Generated Content, Reviews, Feedback and other Postings to the Site

11. International Visitors

12. Claims of Copyright Infringement; Notice and Take-Down Procedcures

13. Privacy

14. Disclaimer of Warranties; Limitation of Liability

15. Notice for California Users

16. Dispute Resolution; CLASS ACTION WAIVER

17. Modifications; General

 

1. Site Ownership and Content

All pages within this Site and any material made available for download are the property of MightyNest, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by this Agreement or otherwise approved in writing by MightyNest. You may not frame or use framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of MightyNest without our express written consent.

2. Site Access, Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms or of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

3. User Obligations; Accounts; Passwords

By downloading, accessing or using the Site, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Site.  You further represent you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to MightyNest and through the Site.  You shall only use the Site as permitted by this Agreement. MightyNest reserves the right, in its sole discretion, to terminate your access to the Site for any or no reason.

If you register for an account to use the Site, you may be required to designate a user name and a password, and there may be additional requirements designated by MightyNest in its sole discretion from time to time.  You assume all responsibility concerning your use of the Site, including any and all activity occurring through your user name and password (and the related account access).  You shall immediately notify MightyNest through the email address or telephone number provided herein if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name or password.  You are fully responsible for all activity occurring under your account. Your access to the Site may be revoked by MightyNest at any time for any reason, and MightyNest has the sole right to suspend, limit, or terminate your right to use the Site or purchase any Product.

4. Accuracy and Integrity of Information

Although MightyNest attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees as to the correctness or accuracy of the Site, Content, and Products.  The Site could include typographical errors, inaccuracies or other errors, and unauthorized additions, deletions and alterations could be made to the Site by third parties. MightyNest reserves the right to unilaterally correct any inaccuracies on the Site without notice.  Information contained on the Site may be changed or updated without notice. Additionally, MightyNest shall have no responsibility or liability for information or Content posted to the Site from any third party.

5. Purchases

All transactions made through the Site are subject to our acceptance, in our sole discretion.  Without limitation, this means that we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. We may also require additional verifications or information before accepting any order. Payment must be received by MightyNest prior to our acceptance of an order, unless otherwise agreed to by us.  MightyNest expressly conditions its acceptance of your order on your agreement to this Agreement, and to any additional terms and conditions that are provided to you on the Site that govern your purchase of certain Products.  By ordering Products through the Site, you agree to provide only true, accurate, current, and complete information, and you agree to pay the charges incurred by you in the amounts posted, including any applicable taxes.  MightyNest reserves the right without prior notice to discontinue or change specifications and prices on Products offered on the Site without incurring any obligation to you.  Prices and availability are subject to change without prior notice.  We make every effort to ensure the accuracy of the information on the Site, but we reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions.

6. Refund and Return Policy

If you are not satisfied with your purchase, you may return the Product(s) within 30 days of receipt. Returned items must be in new condition and in their original packaging. Original shipping fees will not be refunded.  We do not accept returns, and no refunds are available for, any subscriptions.

If you would like to begin a return, first call us at 847-905-0567 or email us at [email protected].  Mail the return package with a tracking number, including a copy of your original receipt or order number, to:

MightyNest

8044 St Louis Ave

Skokie, IL 60076

 

Upon receipt of your merchandise, we will issue you a merchandise credit, exchange, or refund on the credit card with which the item was purchased. If your item is a gift, we will issue a merchandise credit or exchange. We are not responsible for lost or damaged packages.

7. Subscriptions

Some of the MightyNest Products are available for purchase on a subscription basis.  If you purchase a subscription, the payment card you provide will be billed at the applicable price and frequency specified at the time of your purchase.  Your subscription will automatically renew at the end of the applicable subscription period, at the frequency and price that are provided at the time of your purchase or any applicable renewal notice.  You can cancel your subscription before the end of the then-current subscription period by emailing [email protected] or by visiting your account page. If you cancel by email, you must cancel your enrollment at least 3 business days before your next shipment to avoid being charged. If you cancel by visiting your account page, you must cancel your enrollment by 11:59 PM Central Time the day before your next shipment to avoid being charged. You are responsible for the applicable payment for any renewal that occurs prior to cancellation.

8. Electronic Communications

When you use the Site, purchase Products, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You acknowledge that by agreeing to this Agreement electronically, you are expressly agreeing to the terms set forth herein.  You acknowledge and agree that by affixing your electronic signature, you are submitting a legally binding electronic signature and entering into a legally binding contract.  You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED BY MIGHTYNEST.  Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

9. Links to Other Websites

The Site may include links to third-party websites.  The inclusion of any link on the Site does not imply our endorsement of it, and we expressly disclaim any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.  We shall not be responsible or liable, directly or indirectly, for any loss or damage caused by any third-party website.  If you decide to access any of the third-party websites linked to this Site, you do so at your own risk.

10. User Generated Content, Reviews, Feedback and other Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), or if you give us permission to use your User Generated Content provided to third parties such as social media platforms, you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.  You represent and warrant to MightyNest that you have the legal right and authorization to provide all User Generated Content to MightyNest for the purposes and uses set forth herein. MightyNest is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. MightyNest and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.  MightyNest reserves the right (but does not undertake the obligation) to monitor and edit or remove any User Generated Content submitted to the Site.

11. International Visitors

MightyNest is located in the United States, and the Website is hosted in the United States.  The Website and the Products are intended solely for visitors located within the United States, Canada and Australia.  The Website is not intended to be used by, and Products are not intended to be sold to, consumers in any other jurisdiction, including but not limited to the European Union. If you are an international visitor from any country other than the United States, you may be subject to additional laws and regulations including laws and regulations that apply to your purchase of Products, use of the Website, and provision of your data.  If you visit or use the Website, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Website you consent to that transfer, storage, and processing.

12. Claims of Copyright Infringement; Notice and Take-Down Procedures

If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. MightyNest respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to notices of alleged infringement that are reported to MightyNest’s Designated Copyright Agent, identified below.  If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") containing the following:   

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed.  If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that MightyNest may find it on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Deliver this Notice, with all items completed, to our Copyright Agent:

 

MightyNest

Attention: Christopher Conn

8044 St Louis Ave

Skokie, IL 60076

Via E-mail: [email protected]

 

13. Privacy

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated herein by reference.

14. Disclaimer of Warranties; Limitation of Liability

MightyNest provides the Site, the Content, and the Products on an “as is” and “as available” basis, without any warranty of any kind, and MIGHTYNEST DOES NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE WEBSITE AND THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  MIGHTYNEST DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF MIGHTYNEST TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THIS USER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID MIGHTYNEST IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S) BUT IN NO EVENT MORE THAN $500.  Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.  Notwithstanding anything to the contrary herein, this Disclaimer of Warranties and Limitation of Liability does not apply in New Jersey.

The Site, the Content, and the Products have not been evaluated by the Food and Drug Administration, and they are not intended to be a substitute for professional medical advice, diagnosis, or treatment.  You should always seek the advice of a professional health care provider regarding any health questions you might have.

15. Notice for California Users

Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  MightyNest may be contacted in writing at MightyNest, Inc., MightyNest, 8044 St Louis Ave, Skokie, IL 60076 or by telephone at 847-905-0567.

16. Dispute Resolution; CLASS ACTION WAIVER.

If you have any issue or dispute with the MightyNest, the Site, or the Products (including the purchase of any Products), you agree to first contact us at [email protected].  If we are unable to resolve the issue informally, you and MightyNest agree that any dispute, demand, claim or controversy arising out of or relating in any way to this Agreement, your use of the Site or the Content, or your purchase or use of Products, shall be resolved individually, without resort to any form of class action, and exclusively in the United States District Court for the Northern District of Illinois. YOU AND MIGHTYNEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Thus, unless both you and MightyNest agree otherwise, the court may not consolidate more than one person's claims with your claims, and you may not otherwise preside over any form of a representative or class proceeding.   

Unless you opt-out, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.

You shall have thirty (30) days from the earliest of: the date that you access the Site, submit your personally identifiable information, or purchase a Product to opt-out of this class action waiver.  To opt-out, you must contact us in writing at MightyNest, 8044 St Louis Ave, Skokie, IL 60076 or [email protected].

17. Modifications; General

MightyNest reserves the right, in its sole discretion, to terminate your access to all or part of this Site. In the event that any part of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between MightyNest and you pertaining to the subject matter hereof. We may modify this Agreement by updating this posting. You should periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms shall constitute your agreement to the revised Terms.