Terms & Conditions - Mighty

Terms & Conditions

Welcome to the My Lemonade Stand website (the "Site"). Your use of this Site, and all information, products and services on this Site (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). You understand we may update these Terms from time to time without giving you any notice. In its sole discretion, My Lemonade Stand may modify these Terms by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time. Unless we let you know by giving you notice, any new features or updated Services that we put on this Site will be subject to these Terms. As a condition of your use of this Site, you warrant to My Lemonade Stand that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.

Site Contents

All content, graphics, code, software, and pages within this Site and any material made available for download (collectively, the “Content”) are the property of My Lemonade Stand, PBC d/b/a My Lemonade Stand, Inc. (“My Lemonade Stand”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of My Lemonade Stand, and all rights thereto are specifically reserved.

This Site may contain typographical errors or inaccuracies and may not be complete or current. My Lemonade Stand therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability. We apologize for any inconvenience.

“My Lemonade Stand” and the Content related thereto are the logos, trademarks, and service marks of My Lemonade Stand. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited.

You may download or copy Content from this Site for your personal use only. No right, title or interest in any downloaded content, graphics, code or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content, graphics, code or software without permission.

Your Postings to this Site

My Lemonade Stand may permit you to transmit or post comments, feedback, suggestions, ideas and information or content (collectively "User Content"). If you transmit or post any User Content, on or through this Site, you guarantee to us that you have legal rights to post the User Content and it will not violate any law or the rights of any person. You further agree that User Content posted or transmitted by you will not be and will not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for any User Content you post or transmit.

All User Content is subject to the following terms: by posting User Content you give us the royalty-free, irrevocable, perpetual, worldwide right to: allow other people to use the User Content as described in these Terms; and to use, distribute, display and create derivative works from the User Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you; you understand that we are not responsible for the truth, completeness, objectivity or usefulness of any User Content, nor do we endorse any User Content; except where required by applicable law, we do not verify the identity of people using our Site, and you assume the risk of believing any User Content you read; we do not voluntarily assume any duty to screen, monitor, edit or review User Content; we do have the right to monitor or remove any User Content at any time and without notice if we believe it will improve our Site; and we can also suspend or terminate use of this Site or the Services by anyone who does not follow these Terms.

My Lemonade Stand is and shall be under no obligation: to maintain any User Content in confidence; to pay to user any compensation for any User Content; or to respond to any User Content.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Other Websites and Services

This Site contains links to other websites. Your use of such other websites is subject to the terms of use, if any, contained within each such website. If there is any conflict between the Terms set forth below and any terms or notices set forth on any other website, then the terms of such other website will control your use of that website. Please review the terms of use for each website so that you understand all of the terms that will apply. Disclosure of Your Identity From time to time we may receive requests to disclose the identities of our users. Subject to the terms set forth in our privacy policy, we do not disclose the identities of our users except as required to: 1) run the internal operations of the Site; 2) in response to judicial process; 3) to comply with legal requirements; and 4) as permitted under provisions of law to provide information to law enforcement agencies, in connection with an investigation on a matter related to public safety, or as permitted by law to protect our rights or property, the Site, or its users.

Indemnity

You understand that you are personally responsible for your use of this Site and the Services and you agree to indemnify and hold My Lemonade Stand and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of this Site or the Services, or your violation of either these Terms or the rights of any third party.

Disclaimer of Warranties

YOU UNDERSTAND THAT YOUR USE OF THIS SITE OR THE SERVICES (INCLUDING ANY DOWNLOAD FROM THIS SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THIS SITE OR THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THIS SITE AND THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) ACCESSIBLE ON OR THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" "WHERE- IS" AND "WHEN AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MY LEMONADE STAND MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT MY LEMONADE STAND DOES NOT REPRESENT OR WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS PARAGRAPH. TO THE FULLEST EXTENT PERMITTED BY LAW, MY LEMONADE STAND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS SITE. Liability Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MY LEMONADE STAND OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS SITE OR THE SERVICES, EVEN IF MY LEMONADE STAND HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Access Restrictions; Termination

We can terminate your access to this Site or the Services at any time, without cause and without notice to you. We can also change these Terms at any time, without notice to you, and your continued use of the Services after any change we make will mean that you have agreed with the changes.

IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU ARE NOT AUTHORIZED TO ACCESS THIS SITE OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

Upon any termination of these Terms you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

Miscellaneous

These Terms are the entire agreement between you and My Lemonade Stand. They supersede any and all prior or contemporaneous agreements between you and My Lemonade Stand relating to your use of this Site or the Services. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.