Sign In
SIGN IN
About
CONTACT
Sign In

Last updated: January 18th, 2023

I. Introduction

My Lemonade Stand, PBC d/b/a Mighty (“Mighty,” "we,” “us,” or“ our") is the operator of the Mighty service available at www.mighty.business and other associated websites and mobile applications that link to this Policy, which provide an interactive, e-commerce platform that includes a range of tools through which kids can be their own CEOs and sell products and services through their own stores (collectively the "Services").  The following Terms of Service (the “Terms”) serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Services.  The Terms apply to all users of the Services, including users (both kids and their parents) who create and curate shops (collectively referred to herein as “Sellers”), buyers, and other users and visitors to the Services.  For purposes of these Terms, we refer to all users collectively as “you,” “your,” or “users.” If you are under age 18, you may only use the Services with the consent of your parent or legal guardian.  Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.  

If you are a parent or guardian of a user under the age of 18, you acknowledge and agree that you have the authority to provide this consent on behalf of such user, and that you provide consent for such user to use the Services.

‍PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SERVICES.  PLEASE ALSO FULLY REVIEW SECTION 14 “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” AS THIS PROVISION WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING SECTION 14, PLEASE DO NOT USE THE SERVICES.  

2. Modifications to the Terms

We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on the Services and indicate the new effective date at the top of the document. Depending on the type of change, we may also provide you other reasonable means of notification as required by applicable law.  Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services from time to time.

3. Privacy

We respect the privacy of our users. For details please see our Privacy Notice, and our Children’s Privacy Notice.

4. Access to and Use of the Services

  • Account Registration. You may be required to register in order to access and use the Services. If you register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted during registration. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security using the contact information contained at the end of this document, and (b) ensure that you exit from your account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this Section.
  • Communications with Us.  You acknowledge that we will use the parent email address provided at account registration or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). Your Primary Email Address must be capable of both sending and receiving messages. Your email communications with us can only be authenticated if they come from your Primary Email Address.  Following a sale, we will provide the name and email address of the buyer to the Primary Email Address only, and it is in the discretion of the parent who owns the Primary Email Address as to whether to provide that information to their Seller.
  • Not a Marketplace.  You acknowledge and agree that the Services are not a marketplace, and any sale made through the Services is directly between Sellers and buyers. The Seller is the seller of record for all items sold through the Services and is responsible for the creation and operation of their storefront, the goods and services sold through the Services, and all aspects of the transactions between them and buyers. This includes, but is not limited to, customer service, refunds, returns, fraudulent transactions, required legal disclosures, regulatory compliance, and the alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale). If you are a Seller, you represent and warrant that your storefront and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties. For the avoidance of doubt, Mighty will not be the seller or merchant or record and will have no responsibility for your storefront or items sold to customers through the Services.
  • Seller Responsibility.  Sellers are solely responsible for the goods or services that they sell through the Services (including description, price, fees, taxes, defects, required legal disclosures, regulatory compliance, and offers or promotional content), including compliance with any applicable laws or regulations.
  • Modifications to Services.  We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof, including any specific tools or features offered) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We have no obligation to retain your account or User Content (as defined below) for any period of time beyond what may be required by applicable law, or as otherwise in our discretion.  Please note that not all Services or features will be available to all users at all times, and we are under no obligation to make any Services or features available in any jurisdiction.  Further, it is in Mighty's sole discretion to refuse or remove any goods or services sold by Sellers through the Services, including if we determine that the goods or services violate these Terms or our Community Guidelines.

5. Service Rules and User Conduct

To help ensure that the Services remain a safe and fun place for all users, users are expected to comply with the following rules. You agree that you will not use the Services to:

  • engage in any conduct, or post or distribute any content, that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, discriminatory, racially hateful, ethnically or otherwise objectionable, restricts or inhibits any other person from using or enjoying the Services, or which may expose us or any users to any harm or liability of any type
  • post any User Content that is deliberately designed to provoke or antagonize people, especially trolling and bullying, harm, hurt, scare, distress, embarrass, or upset people
  • post or distribute any Content or User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation
  • scrape, access, monitor, index, frame, link, or copy any Content, User Content, or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any API provided or approved by us
  • breach the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services
  • interfere with or disrupt the Services or servers or networks connected to the Services
  • violate any applicable local, state, national or international law, or any regulations having the force of law
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • access or use the Services if you are not fully able and legally competent to agree to these Terms or are not authorized to use the Services by your parent or legal guardian.

Please note that your use of the Services is also governed by our Community Guidelines, which are hereby incorporated by reference.

We reserve the right, at any time and without notice, to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing offending Content from the Services, suspending or terminating the account of such violators, and/or reporting them to law enforcement authorities.

6.  Intellectual Property Rights

Services Content, Software and Trademarks.  You acknowledge and agree that the Services may contain code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, features, or other materials (“Content”) that are the property of Mighty and/or its affiliates and that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by Mighty, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Content.  

Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sub licensable, revocable, worldwide license to access and use the Services, and to access the Content solely for your personal, non-commercial use. Mighty reserves all rights not expressly granted herein in the Services and the Content. You acknowledge and agree that Mighty may terminate this license at any time for any reason or no reason.

The “My Lemonade Stand” and “Mighty” name and logos are trademarks and service marks of Mighty (collectively the “Mighty Trademarks”). Other product and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Mighty. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Mighty Trademarks displayed on the Services, without our prior written permission in each instance.

Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Mighty, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Services, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section512(c)(3) to confirm these requirements):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of your copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly);
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 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 copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our copyright agent can be reached as follows: Mighty Copyright Agent c/o ZwillGen PLLC dmca@zwillgen.com 1-202-296-3585  

User Content. With respect to the Content you upload or create using the Services or share with other users, including but not limited to photos/descriptions of the items you sell on the Services (collectively, “User Content”), you represent and warrant that you own such User Content or that in posting or submitting such User Content, you are not otherwise infringing upon any copyrights or rights of publicity contained therein, and that your posting or transmission of User Content will not violate any third-party rights. In accordance with applicable legal requirements and subject to our Privacy Policy, by uploading any User Content you hereby grant and will grant Mighty, its affiliated companies and partners (collectively “partners”) a non-exclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).  

You acknowledge and agree that when you view Content provided by others on the Services or purchase or sell any goods or services through the Service, you are doing so on your own risk. The Content on the Services is provided for general information only.  It is not intended to amount to advice on which you should rely.  Under no circumstances will Mighty be liable in any way for any Content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any Content (including prices for goods or services offered or descriptions of goods or services), or for any loss or damage of any kind incurred as a result of the use of any such Content, including if the goods or services you order based on such Content are defective, not as pictured, or violate any applicable laws. You further acknowledge and agree that you are responsible for all interactions with Sellers and other users of the Services.  Moreover, you acknowledge and agree that either Sellers or selected third-party retail vendors, and not Mighty, own and supply the goods and services that you purchase through Mighty.  In the event of a dispute or a customer service issue, you agree to contact the Seller or such retail vendor, as applicable, directly.

You grant Mighty a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your storefront (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms.


You acknowledge that Mighty does not have an obligation to pre-screen Content, but that Mighty and its designees will have the right in their sole discretion to refuse or remove any Content that is available via the Services, or to edit Content in any way. Without limiting the foregoing, Mighty and its designees will have the right, in their sole discretion, to remove any Content that violates these Terms or is deemed by Mighty to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Services (“Submissions”), provided by you to Mighty or its partners are non-confidential and Mighty and its partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

We reserve the right to provide our Services to your competitors and make no promises of exclusivity.

7.  Payment Terms

To launch a shop, an adult who is the Seller's parent or legal guardian will be required to pay the applicable fee indicated on the Services.  The payor’s credit card information will be collected and stored by our payment processor, Stripe, and not by us.  Applicable fees and payment terms governing use of the Services are subject to change without notice, unless otherwise required by applicable law.  

If you enroll in a Mighty subscription service, you acknowledge that you are signing up for an automatically renewing subscription requiring recurring monthly payments, and you expressly authorize Mighty to automatically charge the applicable recurring fee and any applicable taxes to your payment method unless and until you cancel.

Subscriptions to Mighty renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee and any applicable taxes. The date that your subscription will automatically renew is provided on your Account page and in the payment confirmation email sent after your initial purchase. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) your account is otherwise properly terminated as expressly permitted herein.

You may cancel your subscription at any time before the date that your subscription automatically renews by contacting our Support Team via email (support@mighty.business). This will stop future subscription charges from accruing to your account, but you will continue to have a live shop and access to Mighty tools until the end of your current subscription period. We do not offer refunds for renewal payments.

Please note that Mighty does not make any commission on sales through the Services.

8.   Legal Compliance

You acknowledge, consent, and agree that we may access, preserve, and disclose your information and/or any User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by our Privacy Notice or is reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process;(2) to enforce these Terms, our Privacy Policy or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; and (4) to protect the rights, property, or personal safety of us, our agents and affiliates, our users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

9.   Third Party Websites

The Services may provide, or third parties may provide, links or other access to third-party sites and services. Mighty has no control over such sites and services and Mighty is not responsible for and does not endorse such sites and services. You further acknowledge and agree that Mighty will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or services. Any dealings you have with third parties while using the Services are between you and such third parties, and you agree that Mighty is not liable for any loss or claim that you may have against any such third party.

10.  Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify, and hold Mighty and its partners and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Content, any aspect of the transaction between a Seller and a buyer (including, but not limited to, refunds, fraudulent transactions, or alleged or actual violation of applicable laws), your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

11.  Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHER WISE EXPRESSLY PROVIDED HEREIN, MIGHTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, AND NON-INFRINGEMENT.MIGHTY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,  (IV) THE QUALITY OF THE SERVICES, GOODS OR SERVICES PURCHASED, CONTENT,USER CONTENT, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, BE ACCURATE, COMPLETE, OR UP TO DATE; OR (V) THAT THE GOODS OR SERVICES YOU ORDERED WILL BE DELIVERED OR PERFORMED ON A TIMELY BASIS.

IF YOU ARE A BUYER OR A SELLER THAT HAS A DISPUTE WITH A SELLER OR BUYER, YOU MUST RESOLVE SUCH DISPUTE DIRECTLY.  MIGHTY RESERVES THE RIGHT, BUT DOES NOT HAVE THE OBLIGATION, TO HELP RESOLVE OR OTHERWISE PARTICIPATE IN DISPUTES BETWEEN BUYERS AND SELLERS.

12.   Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIGHTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL,EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO,DAMAGES FOR LOSS OF GOODWILL OR OPPORTUNITY, USE, DATA OR OTHER INTANGIBLE LOSSES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES (EVEN IF MIGHTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I)THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR TO YOUR ACCOUNT DUE TO YOUR FAILURE TO KEEP YOUR ACCOUNT CREDENTIALS SECURE AND CONFIDENTIAL; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) PERFORMANCE OR NON-PERFORMANCE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL MIGHTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MIGHTY IN THE LAST TWELVE (12) MONTHS, IF ANY, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. FOR EXAMPLE, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.  THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OR OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS.  HOWEVER, IFYOU ARE A RESIDENT OF NEW JERSEY, THESE LIMITATIONS WILL APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OFTHE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TODISCONTINUE USE OF THE SERVICES.

You agree that you are solely responsible for your interactions with any other third party arising out of your use of the Services, including, by way of example and not limitation, any carrier, copyright owner, or other user, and Mighty and our affiliates will have no liability or responsibility with respect thereto. Mighty reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

13.   Governing Law

These Terms are governed by the laws of the State of New York, without regard to choice or conflict of law rules thereof.  The exclusive jurisdiction and venue for actions related to these Terms are the state courts located in New York, NY or the United States District Courts in New York, and both parties submit to the personal jurisdiction of these courts.

14.   Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL    RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

‍Application. You and we agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver” is intended to be interpreted broadly and governs any and all disputes between you and us. Any and all disputes may include, but are not limited to (i) claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;(ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms. The only disputes excluded from the broad prohibition in this subsection entitled “Application” are the litigation of certain intellectual property and small court claims, as provided in the subsection entitled “Exception” below.

‍Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you must try to resolve your dispute with us before taking any formal action by contacting us using the contact information provided below in Section 17.  When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. Except for intellectual property and small claims court claims (seethe subsection entitled “Exception” below), you and we agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with this Initial Dispute Resolution (Section 15.1), and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth below. If you are initiating arbitration, a copy of the demand shall also be emailed to [CONTACT]. If Mighty is initiating arbitration, it will serve a copy of the demand to the parent’s email address associated with your account. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Section.


‍Binding Arbitration. If we do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below), as long as the party agrees with the terms set forth below.

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association.

Except as modified by this "Dispute Resolution" provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The parties agree that NAM has discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction.

This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and FanDuel expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

‍Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and maybe entered as a judgment in any court of competent jurisdiction.

‍Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to NAM, and (iii) Send one copy of the Demand for Arbitration to us at the contact information provided below in Section 17.

When you initiate arbitration against us, you are required to pay up to $250 of the Filing Fee to initiate arbitration.  To the extent the filing fee for the arbitration exceeds that amount, we will pay the additional cost.  If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by NAM, including filing fees and arbitrator and hearing expenses.  You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in New York, United States, and you and us agree to submit to the personal jurisdiction of any federal or state court in New York in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

‍Class Action Waiver.

YOU AND WE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 15.4 AND SECTION 15.6 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS WE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

If there is a final judicial determination that this subsection is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Us from participating in a class-wide settlement of claims.


‍Exception: Litigation of Intellectual Property and Small Claims Court Clams. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets—but does not include privacy or publicity rights.

Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction regardless of what forum the filing party initially chose. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

‍30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at support@mightybusiness.com. This notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) the Effective Date of these Terms; or (ii) your first date that you used the Services, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver.” If you opt out of these arbitration provisions, we also will not be bound by them.

‍Changes to This Section. We will provide thirty (30) days' notice of any material changes to this Section by posting notice on the Services or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.

If a court or arbitrator decides that this subsection (“Changes to this Section”) is not enforceable or valid, then this subsection will be deemed to be severed from the Section entitled “Mandatory Arbitration and Class Action Waiver.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Services.

‍Survival. This Mandatory Arbitration and Class Action Waiver Section shall survive any termination of your use of the Services.

15.   Termination

You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any Content within the Services, for any reason, including, without limitation, if we believe that you have violated these Terms or our Community Guidelines. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Mighty will not be liable to you or any third party for any termination of your access to the Services. If you are blocked by Mighty from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

16.   General

These Terms constitute the entire agreement between you and Mighty and govern your use of the Services. The failure of Mighty to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms without the prior written consent of Mighty, but Mighty may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Mighty be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.  You agree that you will not export or re-export, directly or indirectly, the Services or any Content, to any country for which the United States or any other relevant jurisdiction required any export license or other governmental approval at the time of export without first obtaining such license or approval. Under California Civil Code Section 1789.3, California users of the Services receive 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 the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.

17.   Contact Us

For questions about these Terms, please contact us via e-mail at support@mighty.business or via mail at Mighty, attn: Terms of Service Inquiries, 6 W 18th St. 8th Floor NY, NY 10011.

A white version of the mighty company logo.

Entrepreneurship for the next generation