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MIGHTY NETWORKS TERMS OF USE



LAST UPDATED: DECEMBER 22, 2021



Posted: December 22, 2021


Effective: January 14, 2022


You can see your previous Terms here.



WELCOME TO MIGHTY NETWORKS


Welcome to Mighty Networks!


This Terms of Use sets forth the Agreement between you and Mighty Software, Inc.
(“we” or “us”) regarding your use of our web service and mobile applications,
specifically including each Mighty Network you create or join (collectively the
“Service”). Please read this Agreement, because it contains important
information about your content (that you own), how information is shared between
Hosts and Members, our limitation of liability to you, and your agreement to
resolve any disputes by individual arbitration.


If you cannot agree to these Terms of Use, don’t use the Service.



1.USING THE SERVICE


A. HOW IT WORKS


Our service enables people to create or participate in a community, online
courses, events, and subscriptions dedicated to an interest, passion, identity,
or individual (a “Mighty Network”) for free or for a fee. People who create a
Mighty Network (“Hosts”) do so to invite in people (“Members”) to connect with
each other, to message, and to exchange information and content. Hosts tailor
their Mighty Network by adding their own branding, choosing which features they
enable, the Members they invite, and the activities they organize in their
Mighty Network.


B. WHO CAN USE MIGHTY NETWORKS?


You must be at least the age of majority in the state or country where you live
to create or participate in a Mighty Network.


C. REGISTRATION


You will set up an account with each Mighty Network you join and participate in.
When you set up a profile with any Mighty Network, we treat registration
information according to our Privacy Policy. Your name and contact information
will be made available to your Host. You are responsible for maintaining the
confidentiality of your password.


D. PRIVACY


Our privacy practices are set forth in our Privacy Policy, which is part of this
Agreement. By joining a Mighty Network, you are sharing personally identifiable
information with your Host, other Members, and us.


E. ACCEPTABLE USE


When you create or join any Mighty Network, you agree to follow the Mighty
Networks Acceptable Use Policy at all times. We reserve the right, but have no
obligation or liability for, monitoring any interactions with other Members or
Hosts of the Service. You may submit a complaint or concern about another Member
or Host to help@mightynetworks.com.


F. TERMINATION


You may close your Host or Member account at any time by going to account
settings and disabling your account. We may terminate your account if you
violate the Mighty Networks Acceptable Use Policy or for any other reason. We
may suspend your use of the Service or the Service at any time for any reason,
without any notice.


G. FEEDBACK


We welcome your feedback and suggestions about how to improve Mighty Networks.
Submit feedback at help@mightynetworks.com. By submitting feedback, you agree to
grant us the right to use it for free.



2. YOUR CONTENT


You keep complete ownership of all content and activity in your Mighty Network.
You give us permission to run your Mighty Network, such that content, data, and
activity shows up. Make sure you have permission to use content that you post on
Mighty Networks.


A. YOUR CONTENT.


All material that you upload, publish or display to others via a Mighty Network
is “Your Content,” unless provided for otherwise by the Host. The Service
enables you to add posts, articles, photos, videos, questions, polls, links,
files, events, groups, and chat with other Members. The Service also allows you,
if you are a Host, to create a personalized name for your Mighty Network (“Your
Network Name”), which will appear in a subdomain accessible directly to visitors
and Members (e.g. Your Network Name.mn.co). If you are Host, Your Content also
includes Your Network Name. Material that a Member uploads, publishes, or
displays to others via a Mighty Network is “User Generated Content”. Your
Content, including User Generated Content, does not include Your Data (defined
below).


B. YOU (AND THE PEOPLE YOU LICENSE YOUR CONTENT FROM) KEEP COMPLETE OWNERSHIP OF
ALL YOUR CONTENT. BY POSTING YOUR CONTENT ON THE SERVICE, YOU GRANT US A LICENSE
TO SHOW IT ON YOUR MIGHTY NETWORK, BUT YOU AND YOUR LICENSORS STILL OWN IT.


In legalese: In connection with your use of the Service, you hereby grant and
will grant Mighty Software, Inc. and its affiliated companies a nonexclusive,
worldwide, royalty free, fully paid up, transferable, sublicensable (through
multiple tiers), perpetual, irrevocable license to copy, display, transmit,
perform, distribute, store, modify, and otherwise use Your Content in connection
with the operation of the Service in any form, medium or technology now known or
later developed, including publication and use on any Integrated Services (as
defined below). This license includes the right for us to make Your Content
available and sublicense rights to other entities and individuals who partner
with us in the delivery of the Service, including the right of the Host of your
Mighty Network to move Your Content to another platform. If you join a Network
that is Paid, Private or Secret, rather than Public, only we, your Host and
Members who are invited to join that Network will be able to see Your Content
that you post on that Network. Mighty Software, Inc. may preserve Your Content
and may also disclose Your Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests; (b)
enforce these Terms of Use; (c) respond to claims that any Your Content violates
the rights of third parties; or (d) protect the rights, property, or personal
safety of Mighty Software, Inc., its Users and the public. The technical
processing and transmission of Your Content may involve transmissions over
various networks and changes to conform to technical requirements of connecting
networks or devices.


C. YOUR DATA


If you are a Host, you own the list of Member emails and contact information
(“Membership List”) and grant us the license to use it to provide the Service.
If you are a Host, you also own data or insights (“Your Data”) that: i) you
collect during your use of the Service, or ii) we provide you through the Mighty
Insights dashboard and you export or download during the term.


D. ACCEPTABLE USE


You agree to follow the Mighty Networks Acceptable Use Policy. If you are a
Host, you agree to respect commitments made to Members of your Mighty Network
about use of the Membership List, as further described in Section 5. You accept
responsibility if Your Content violates the intellectual property or personal
rights of others. You agree to pay all royalties, fees, and any other monies
owed to any person by reason of any of Your Content. We are not obligated, but
reserve the right, to remove or suspend, in whole or part, Your Content that
violates the Mighty Networks Acceptable Use Policy.



3. COPYRIGHT AND TRADEMARK POLICIES


The Mighty Networks Copyright Policy and Mighty Networks Trademark Policy are
incorporated by reference into this Agreement. If you believe that your
intellectual property is being violated on the Service, you can submit a
complaint and request for takedown of specific material at
legal@mightynetworks.com.



4. SERVICE MATERIALS


A. SERVICE MATERIALS


All right, title, and interest in the Service, including the Mighty Networks
buttons, badges, logos, widgets, text, images, design, software, documentation,
source code, algorithms, graphics, photographs, video and audio files, other
files, data, and the selection, arrangement, structure, coordination, and “look
and feel” thereof (excluding Your Content, User Generated Content, Your Data,
third-party web services or third-party content linked to or posted within the
Service) (collectively “Service Materials”) are the property of Mighty Software,
Inc. and/or its licensors. The Mighty Networks name and logo, the Mighty
Networks mark, the Mighty Networks logo are trademarks and service marks of
Mighty Networks. We retain all right, title, and interest in and to the Service
Materials. Except as expressly provided in these terms, you agree not to use,
modify, reproduce, distribute, sell, license, reverse engineer, decompile, or
otherwise exploit Service Materials without our express written permission.


B. OUR LICENSES TO YOU.


Subject to these terms, including our Mighty Networks Acceptable Use Policy, we
grant you a limited, non-exclusive license to use and access the Service
Materials and the Service. Except for the rights and license granted in these
terms, we reserve all other rights and grant no other rights or licenses,
implied or otherwise.


C. NO ENDORSEMENT OR SCREENING.


Please note that the Service contains access to third-party content and other
interactions over which we have no control. We assume no responsibility for, nor
do we endorse, screen, or approve the content, offerings, or materials made
available to you within a Mighty Network, or the conduct of parties who
participate in a Mighty Network.



5. RIGHTS AND OBLIGATIONS OF HOSTS


A. EMAILS AND CONTACT INFORMATION OF MEMBERS


The name and contact information of Members who register to join a specific
Mighty Network become available to that Mighty Network’s Hosts in order to
facilitate communications. A Host may use the Membership List solely to
communicate with a Member for purposes related to the Mighty Network or the
reasonably assumed interests of the Member who has joined the Mighty Network. A
Host agrees not to: i) sell the Membership List to a third-party, or ii) or use
or disclose it for commercial purposes unrelated to the Mighty Network or the
interest of Member who joined the Mighty Network.


B. REPRESENTATION AND WARRANTY OF HOSTS


If you are a Host, it is important for you to respect and honor the trust of
Members who join the Mighty Network you created. If you are a Host, you
represent and warrant that, in your communications with Members and handling of
Your Data, you: i) will comply with all applicable laws and regulations; and ii)
will honor the restrictions set forth in Section 5(a). If you are a Host, you
also represent and warrant that all advertising, sponsorships, and promotions
you introduce to your Mighty Network will comply with all applicable laws,
regulations, and industry guidelines, including but not limited to the FTC
December 2015 guidance regarding native advertising. If you are a Host with
Members in the European Union, you represent and warrant that you have obtained
user consent prior to sending emails outside of the Service, as EU law requires
opt-in consent for emails. You must provide a means of opting-out of any emails.


C. TAKEDOWN ASSISTANCE


In the event that a party misdirects a takedown request directly to the Host
(within or outside of the Service), the Host will redirect the takedown request
directly to legal@mightynetworks.com within two (2) business days.


D. DATA PROCESSING ADDENDA.


If you are a Host, effective May 25, 2018, this Agreement includes the EU Data
Processing Addendum. If you are a host, this agreement includes the California
Data Processing Addendum, effective January 1, 2020.



6. INTEGRATED SERVICES


You may enable various online services like Facebook to be integrated into your
Mighty Networks Host or Member account or Mighty Network (“Integrated
Services”). For example, you may be able to share or access your Mighty Network
activity on Integrated Services such as Facebook. To take advantage of these
features, we may ask you to register for or log into the Integrated Services on
the websites of their providers. By enabling Integrated Services in connection
with the Service, you are allowing us to pass to, and receive from, these
Integrated Services your login information and other Data for use in connection
with the Service and/or the Integrated Services. For more information about the
implications of activating these Integrated Services and our use, storage, and
disclosure of information related to you and your use of such services within
Mighty Networks (including your friend lists and the like), please see our
Privacy Policy. However, please remember that your use of any Integrated
Services, and the manner in which any Integrated Services offer or perform their
services and collect, use, store, and disclose your information is governed
solely by the terms of use, privacy policies, and other policies of such third
parties, and we shall have no liability or responsibility for the privacy
practices or other actions of any Integrated Services or any other third party
site or service, whether or not they are directly enabled within the Service.



7. PREMIUM SERVICES


A. FEES


If you select a portion of the Service for which a fee applies (“Premium
Service”), you agree to pay the applicable fee when you sign up. For a Premium
Service, you will be required to select a payment plan and instrument for
payment. For Premium Services, additional terms may apply, and you may be asked
to agree to additional terms by separate agreement.


B. NO REFUND AT TERMINATION


i. If you as a Host terminate your Premium Service, we will not refund any
payment for your unused Premium Service.


ii. If we terminate your Premium Service for violation of the terms of this
Agreement or our policies, we will not refund any amount paid for unused Premium
Service.


iii. If you are a Member and your Host terminates your Premium Service, or you
terminate your subscription yourself, your Host will decide whether to provide
you with a refund.



8. DISCLAIMERS AND LIMITATION OF LIABILITY


PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MIGHTY
SOFTWARE, INC. ENTITIES TO YOU. “MIGHTY SOFTWARE, INC. ENTITIES” MEANS MIGHTY
SOFTWARE, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS,
LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW:


A. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH SERVICE MATERIALS AND THE
OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE
FOREGOING, MIGHTY SOFTWARE, INC. ENTITIES EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS,
UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR TRADE USAGE.


B. MIGHTY SOFTWARE, INC. MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY
DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD
PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE
LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED
SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR
MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. MIGHTY
SOFTWARE, INC. MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY MIGHTY NETWORK WILL
MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE
OF THE SERVICE, OR ANY MIGHTY NETWORK, WILL BE ACCURATE OR RELIABLE, OR (iv) THE
QUALITY OF ANY MIGHTY NETWORK, PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.


C. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, MIGHTY SOFTWARE,
INC. ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT
LIMITING THE FOREGOING, YOU AGREE THAT MIGHTY SOFTWARE, INC. ENTITIES
SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION,
REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN
ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.


D. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE
SERVICE.


E. WITHOUT LIMITING THE FOREGOING, MIGHTY SOFTWARE, INC.’S MAXIMUM AGGREGATE
LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE
SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO MIGHTY SOFTWARE, INC.
IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY.



9. INDEMNIFICATION


You agree to release, indemnify, and defend Mighty Software, Inc. Entities from
all third-party claims and costs (including reasonable attorneys’ fees) arising
out of or related to: i) your use of Service, ii) Your Content, iii) your
conduct or interactions with other Hosts or Members of the Service, or iv) your
breach of any part of this Agreement. We will promptly notify you of any such
claim, and will provide you (at your expense) with reasonable assistance in
defending the claim. You will allow us to participate in the defense, and will
not settle any such claim without our prior written consent. We reserve the
right, at our own expense, to assume the exclusive defense of any matter
otherwise subject to indemnification by you. In that event, you will have no
further obligation to defend us in that matter.


You also agreed to release, indemnify, and defend your Hosts and Members from
all third-party claims and costs arising out or related to: i) your use of the
Service, ii) Your Content, iii) your conduct or interactions with Hosts or
Members, or iv) your breach of any part of this Agreement.



10. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER


We hope that our customer success team can resolve any issues you may have.
However, if that does not work, then both parties agree to resolve any dispute
arising out of these terms exclusively by individual, binding arbitration. The
term “dispute” is to be given the broadest possible meaning that will be
enforced, and will include disputes related to your use of the Service, this
Agreement (including the scope of this provision), regardless of whether such
disputes are based in contract, tort, statute, fraud, unfair competition, or
some other legal theory. Disputes regarding privacy shall be resolved by the
mechanisms outlined in our Privacy Policy.


The arbitration process can be a faster, simpler, less formal, and less
expensive route than filing a lawsuit and going to court. In arbitration you are
still entitled to a fair hearing, but your rights will be determined by a
neutral arbitrator (and not a judge or jury). Arbitrator decisions are as
enforceable as any court order, and are subject only to very limited review by a
court. Each party is giving up the right to sue in court and to have a trial
before a judge or jury.


Each party here agrees to try in good faith for 30 days to informally resolve
any dispute before starting arbitration. A party who intends to seek arbitration
must first send the other a written notice that describes the nature and basis
of the dispute as well as the relief sought. If you want to send such a notice
to us, send it to legal@mightynetworks.com. If we want to send such a notice to
you, we will send it to the email address associated with your account. If the
parties do not reach an agreement to resolve the dispute within 30 days after
the date the notice was sent, then the parties may start arbitration as
described below.


The American Arbitration Association (AAA) will administer the arbitration, and
the arbitration will be governed by the AAA’s Commercial Arbitration Rules and
Supplementary Procedures for Consumer Related Disputes, as modified by these
terms. Those rules and information about how to start arbitration are available
at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these
terms. The arbitration will be conducted through the submission of documents, by
phone, or in person in the county where you live or at another mutually agreed
location.


The arbitrator’s award will be final and specifically enforceable under
applicable law, and judgment may be entered upon it in any court with
jurisdiction. The arbitration costs, including arbitrator compensation, will be
shared between you and us according to the AAA’s Commercial Arbitration Rules
and Supplementary Procedures for Consumer-Related Disputes.


Any dispute resolution proceedings will be conducted only on an individual basis
and not in a class, consolidated, or representative action. By agreeing to these
terms, you are waiving the right to participate in a class action. Further,
unless the parties mutually agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding. If this waiver is found to be illegal or
unenforceable, then the parties agree that this entire section will be
unenforceable, that any dispute will be resolved exclusively in a state or
federal court located in Santa Clara County, California, and that the parties
both submit to the personal jurisdiction of such courts. If a claim proceeds in
court rather than through arbitration, the parties waive any right to a jury
trial.


This section does not: (i) prevent either party from litigating any dispute in
small claims court; (ii) apply to disputes arising out of or related to
infringement or other misuse of our intellectual property rights; or (iii)
prevent either party from bringing a dispute to the attention of any federal,
state, or local government agencies.


If you do not want to be bound by this binding arbitration provision and class
action waiver, you must notify us within 30 days of the date that you first
accept or receive these terms by sending a written notification to
legal@mightynetworks.com that includes your actual name and Mighty Networks user
name, address, and a clear statement that you do not wish to resolve disputes
with us through arbitration.



11. GENERAL LEGAL TERMS


A. CHANGES TO THESE TERMS


We may amend this Agreement (including any policies, such as the Privacy Policy,
Mighty Networks Acceptable Use Policy, Mighty Networks Copyright Policy, and
Mighty Networks Trademark Policy that are incorporated into this Agreement) at
any time in our sole discretion. If we amend the terms to this Agreement, such
amendment will be effective after we send you notice of the amended agreement.
Such notice will be in our sole discretion and manner of notification could
include, for example, via email, posted notice on the Service, or other manner.
You can view the Agreement at any time at here. Your failure to cancel your
account, or cease use of Mighty Networks, after receiving notification of the
amendment, will constitute your acceptance of the amended terms. If you do not
agree to the amendments or to any of the terms in this Agreement, your only
remedy is to cancel your account or to cease use of Mighty Networks.


B. GOVERNING LAW AND JURISDICTION


You agree that Mighty Networks is operated in the United States and will be
deemed to be solely based in California and a passive service for purposes of
jurisdictional analysis. For any claims for which arbitration is inapplicable,
you agree that such claims will be brought in federal or state court in Santa
Clara County, California and governed by laws of the state of California,
without regard to any conflict of law provisions.


C. USE OUTSIDE OF THE UNITED STATES


Mighty Software, Inc. expressly disclaims any representation or warranty that
the Service complies with all applicable laws and regulations outside of the
United States. If you use the Service outside of the United States, you
expressly understand and agree that you are responsible for determining
compliance with different laws, regulations, or customs that may apply in
connection with your use of the Service.


D. EXPORT


The Service is controlled and operated from our United States offices in
California. Mighty Networks software is subject to United States export
controls. No software for Mighty Networks may be downloaded or otherwise
exported or re-exported in violation of any applicable laws or regulations. You
represent that you are not (1) located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country, and (2) listed on any U.S. government list of
prohibited or restricted parties.


E. APPLICATIONS AND MOBILE DEVICES


If you access the Service through a Mighty Networks mobile application, you
acknowledge that this Agreement is between you and Mighty Software, Inc. only,
and not with another application service or application platform provider (such
as Apple, Inc. or Google Inc.), which may provide you the application subject to
its own terms. To the extent you access the Service through a mobile device,
your wireless service carrier’s standard charges, data rates, and other fees may
apply.


F. SURVIVAL


The following provisions will survive expiration or termination of this
Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and
Your Responsibilities for Your Content), 4(a)(ServiceMaterials), Section
5(b)(Representation and Warranty of Hosts), any outstanding payment obligations
pursuant to Section 7(Premium Services) and Sections 8-11.


G. NOTICE FOR CALIFORNIA USERS


Under California Civil Code Section 1789.3, California web users are entitled to
the following specific consumer rights notice: The Service is provided by Mighty
Software, Inc., located in Palo Alto, California. If you have a question or
complaint regarding the Service, please contact Mighty Software, Inc. at
help@mightynetworks.com. California residents may reach the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite
S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800)
952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.


H. GOVERNMENT END USERS


Any Mighty Networks software and related documentation are “Commercial Items,”
as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer
Software” and “Commercial Computer Software Documentation,” as such terms are
used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent
with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4 (as
applicable), the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. government end users: (i) only as
Commercial Items; and (ii) with only those rights as are granted to all other
end users pursuant to this Agreement.


I. ASSIGNMENT


You may not assign or transfer this Agreement (or any of your rights or
obligations under this Agreement) without our prior written consent; any
attempted assignment or transfer without complying with the foregoing will be
void. We may freely assign or transfer this Agreement. This Agreement inures to
the benefit of and is binding upon the parties and their respective legal
representatives, successors, and assigns.


J. ELECTRONIC COMMUNICATIONS


You consent to receive communications from us by email in accordance with this
Agreement and applicable law. You acknowledge and agree that all agreements,
notices, disclosures, and other communications that we provide to you
electronically will satisfy any legal requirement that such communications be in
writing.


K. ENTIRE AGREEMENT / SEVERABILITY


This Agreement supersedes all prior terms, agreements, discussions and writings
regarding the Service and constitutes the entire agreement between you and us
regarding the Service, except as provided for in Section 7. If any provision in
this Agreement is found to be unenforceable, then that provision will not affect
the enforceability of the remaining provisions of the agreement, which will
remain in full force and effect.


L. INTERPRETATION


In construing or interpreting the terms of this Agreement: (i) the headings in
this Agreement are for convenience only, and are not to be considered, and (ii)
no presumption is to operate in either party’s favor as a result of its
counsel’s role in drafting this Agreement.


M. NOTICES


All notices permitted or required under this Agreement, unless specified
otherwise in this Agreement, must be sent in writing as follows in order to be
valid: (i) if to you, by us via email to the address associated with your
account, and (ii) if to us by you via legal@mightynetworks.com. Notices will be
deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.


N. RELATIONSHIP


This Agreement does not confer any third-party beneficiary rights and does not
create a joint venture, agency, partnership, or other form of joint enterprise
between you and us. Except as expressly provided herein, neither party has the
right, power, or authority to create any obligation or duty, express or implied,
on behalf of the other.


O. WAIVER


No waiver of any terms will be deemed a further or continuing waiver or such
term or any other term. Our failure to assert a right or provision under this
Agreement will not constitute a waiver of such right or provision.


P. FURTHER ASSURANCES


You agree to execute a hard copy of this Agreement and any other documents, and
take any actions at our expense that we may request to confirm and effect the
intent of this Agreement and any of your rights or obligations under this
Agreement.


Q. CONTACT


Feel free to contact us at help@mightynetworks.com with any questions about
these terms.


R. AGREEMENT TO TERMS


When you use the Service, you agree to the terms of use set forth in this
agreement (including the Privacy Policy and Mighty Networks Acceptable Use
Policy, regardless of whether you are a registered user.


S. CHANGES TO THE SERVICE


We are always trying to improve your experience on the Service. We may need to
add or change features and may do so without notice to you.

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