Terms of Service Mighty Mittens LLC, TERMS OF SERVICE
Last updated: October 10, 2020.
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND MIGHTY MITTEN LLC, IN (“WE” OR “MIGHTY MITTEN”), THE OWNER AND OPERATOR OF THE WWW.THEMIGHTYMITTENS.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM THE SITE.
By purchasing from the site (as defined below), you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority in your jurisdiction of residence, that you are at least 13 years old, and that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless Mighty Mittens if said minor breaches or disaffirms any term or condition of this Agreement.
– CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
– CHANGES TO THE SITE
Mighty Mitten may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you. Mighty Mittens may update this Agreement at any time by posting the updated version on the site.
– PERSONAL INFORMATION/PRIVACY
– USE OF SITE; PROHIBITIONS
Subject to your compliance with this Agreement, Mighty Mitten hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, create derivate works from or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Mighty Mitten or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace, harvest or compile any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
- TERMS OF SALE
- SALES OF PRODUCTS TO END USERS ONLY Mighty Mittens sells mittens and other home and automobile products (the “Product(s)”) from the Site to end-user customers only for their own personal, non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose. We reserve the right to limit the quantity of Products purchased per person, per household or per order.
Products are offered by Mighty Mittens through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by Mighty Mittens to You. The price of a product as shown on the Website is the NET PRICE of the product plus additonal shipping, but not including any applicable taxes. The total price of your order will be reflected on Our final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. Mighty Mittens reserves the right to change the prices and fees for Products at any time, and does not provide price protection or refunds in the event of promotions or price decreases. The foregoing is inapplicable in Quebec.
– REFUND POLICY
Mighty Mittens will refund the amount paid for your most recent purchase of Products subject to the following terms. Refund requests must be made directly to Mighty Mittens at email@example.com. All refund requests must be made within fourteen (14) days of the date of delivery by Mighty Mittens. In response to your refund request, Mighty Mittens will credit the amount paid for the returned Product (less any shipping and handling costs and fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Mighty Mittens does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
Mighty Mittens may in its sole discretion provide a refund for a request that is received by Mighty Mittens more than fourteen (14) days after the date of original delivery. Mighty Mittens also does not provide a refund for returned Products that have been opened, or are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
Mighty Mittens and Mighty Mittens’s third party payment service provider may receive updated Payment Method information from your credit card or payment method issuer. The disbursement of the updated Payment Method information is provided to Mighty Mittens and Mighty Mittens’s third party payment service provider at the election of your credit card and payment method issuer. Neither Mighty Mittens nor Mighty Mittens’s third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
– Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent Priority Mail or First-Class mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
– SHIPPING AND PRODUCT ACCEPTANCE
Shipping dates are estimates only. All shipments are delivered via USPS. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
Any and all correspondences sent, issued, expressed, or transmitted by Mighty Mittens or any of its affiliates to You shall strictly be in the English language. Correspondences shall include but not be limited to Mighty Mittens mailing envelopes and/or boxes, postcards, business cards, and any and all other mailings including but not limited to electronic mail.
– LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
– IN NO EVENT SHALL ANY MIGHTY MITTENS PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A MIGHTY MITTENS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
– IF, NOTWITHSTANDING THE FOREGOING, A MIGHTY MITTEN PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, OR PRODUCTS, THE RELEVANT DUDE PRODUCTS PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID MIGHTY MITTEN FOR THE PRODUCTS, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).