The Mighty Bright trademark and other trademarks displayed on this website are trademarks or registered trademarks of Gold Crest, LLC and its affiliated companies in the United States and internationally. All use prohibited.
The website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the website including but not limited to videos, blogs, forums, product descriptions, and other data is owned exclusively by Mighty Bright and/or its affiliated companies and/or suppliers and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the website, any content on the website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the website.
Although Mighty Bright does not claim ownership of third party content on the website such as third party messages, product reviews, text, files, images, photos, video, sounds, or other materials (“User Content”) that users post, by posting User Content to any public area of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Mighty Bright an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content. You will not be compensated for any User Content. You agree that Mighty Bright may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Furthermore, by posting User Content to any public area of the website, you automatically grant Mighty Bright all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the website by any party for any purpose.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any intellectual property, patent, trademark or copyright of Mighty Bright or any third party.
Feedback; Product Reviews
Any questions, comments, suggestions, reviews or other information submitted to Mighty Bright through this website shall be deemed non-confidential and Mighty Bright shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation. Mighty Bright specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this website. Please note that if you do send us any such information or material, the information will be non-confidential and Mighty Bright may fully exploit the information without any obligation or liabilities to you.
This website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Mighty Bright to delete, edit, or disable the material in question, you must provide Mighty Bright with all of the information required by 17 U.S.C. Section 512(c)(3). For this notification to be effective, you must provide it to Company’s designated agent as follows:
Attn: Roger Edgar
650 Ward Drive
Santa Barbara, CA 93111 USA
Tel: (800) 922-3233
Facsimile: (800) 877-8782
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of Mighty Bright relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. Mighty Bright may give notice of a claim of copyright infringement to website users by means of a general notice on the website, electronic mail to a user's email address in Mighty Bright’s records or by written communication sent by first-class mail to a user's address in Mighty Bright’s records.
Establishing an Account
Users of all ages are welcome to browse the website. However, you may only establish an account if you are 18 years of age or over. In order to purchase products from the website and in order to access/use some features on the website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility. Mighty Bright may refuse to grant you, and you may not use, a user name, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Mighty Bright rejects for any other reason in its sole discretion.
You may not use the account, username, or password of someone else at any time. You agree to notify Mighty Bright immediately on any unauthorized use of your account, user name, or password. Mighty Bright shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Mighty Bright, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
You agree not to transmit to Mighty Bright any information or post, email, or otherwise make available User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Mighty Bright employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Mighty Bright users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) 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; (xii) disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the website, or that otherwise negatively affects other users' ability to use the website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted through the website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable load on Mighty Bright’s infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Mighty Bright computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the website.
Third Party User Content on the Website
You understand that all User Content posted on, transmitted through, or linked from the website, is the sole responsibility of the person from whom such User Content originated. You understand that Mighty Bright does not control, and is not responsible for User Content made available through the website and that by using the website, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Mighty Bright expressly disclaims any liability for such third party statements and User Content.
Furthermore, the website and User Content available through the website may contain links to other websites, which are completely independent of Mighty Bright. Mighty Bright makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any User Content, that you may not rely on said User Content, and that under no circumstances will Mighty Bright be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise made available via the website. You acknowledge that Mighty Bright does not pre-screen or approve User Content, but that Mighty Bright shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the website are solely between you and such organizations and/or individuals. Mighty Bright expressly disclaims any liability for such organizations, events or individuals.
DISCLAIMER OF WARRANTIES
MIGHTY BRIGHT HEREBY DISCLAIMS ALL WARRANTIES REGARDING THIS WEBSITE. MIGHTY BRIGHT IS MAKING THIS WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIGHTY BRIGHT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER IN WRITING, IMPLIED, OR STATUTORY, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NONINFRINGEMENT OF PROPRIETARY RIGHTS. MIGHTY BRIGHT DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION ON LIABILITY
MIGHTY BRIGHT’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY MIGHTY BRIGHT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Indemnification of Mighty Bright
Mighty Bright has a one year “100% Satisfaction Guaranty” which allows for the return or exchange of any product you purchase on this website subject to any contrary terms imposed on your purchase (e.g., some of Mighty Bright’s "close out" items say "no return" or the like) and provided that you contact Mighty Bright for return authorization as set forth on this website (see http://www.mightybright.com/returns/). You will be responsible for the cost of shipping of the product to be returned.
Returns may make you ineligible for promotions and Mighty Bright reserves the right to require identification, proof of purchase, photographs of the product to be returned, or additional verifiable information to help Mighty Bright locate the purchase in Mighty Bright’s records. If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, Mighty Bright may give you a merchandise credit. After Mighty Bright has received your valid return, Mighty Bright will provide one of the following within a reasonable time in Mighty Bright’s sole discretion: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that Mighty Bright determines in good faith is appropriate in the circumstances. Under no circumstances will shipping or handling charges be reimbursed. If you do not comply with any of the above conditions, Mighty Bright reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing Mighty Bright’s response on the current sales price.
If you believe a product sold by Mighty Bright has a condition or defect that might make it unsafe, please report this safety concern immediately by contacting email@example.com.
Mighty Bright provides a one year "100% Satisfaction Guarantee" (see http://www.mightybright.com/mighty-bright-product-guarantee/), which allows for the return of Mighty Bright products pursuant to Mighty Bright’s returns and exchanges policy set forth above and at http://www.mightybright.com/returns/. THIS IS THE ONLY GUARANTEE OR WARRANTY MIGHTY BRIGHT PROVIDES RELATING TO THE PRODUCTS AND SERVICES YOU PURCHASE OR RECEIVE FROM MIGHTY BRIGHT. MIGHTY BRIGHT MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS OTHERWISE COVERED BY THE "100% SATISFACTION GUARANTEE" DISCUSSED HEREIN, PRODUCTS AND SERVICES PROVIDED BY MIGHTY BRIGHT ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. Warranties give you specific legal rights, and you may have other rights, which vary from state to state. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OR ALL OF THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Products: Exclusivity of Remedy; Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY, AND MIGHTY BRIGHT’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER MIGHTY BRIGHT’S RETURN POLICIES. IN NO EVENT SHALL MIGHTY BRIGHT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF MIGHTY BRIGHT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Mighty Bright agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The location of the arbitration proceeding shall take place in Santa Barbara County, California, unless each party agrees otherwise. The arbitrator shall be selected by mutual agreement of you and Mighty Bright. Unless the parties mutually agree otherwise, the arbitrator shall be an attorney licensed to practice in the state where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If for any reason the parties cannot agree to an arbitrator, either party, pursuant to California Code of Civil Procedure section 1281.6, may apply to a court of competent jurisdiction, with authority over the location where the arbitration will be conducted, for appointment of a neutral arbitrator. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in paragraph d. below.
c. Excluded Disputes. You and Mighty Bright agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and Mighty Bright agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding by delivery of a written demand by hand or first class mail to the other party no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. (In cases where the plaintiff first files a complaint in court instead of a written demand to arbitrate, the responding party’s written demand for arbitration need not include a statement as to the basis of the plaintiff’s claims(s) or the remedy sought.) The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
f. Severability. You and Mighty Bright agree that if any portion of this section entitled "Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect.
Applicable Laws; Export Control Laws
The website is controlled and operated by Mighty Bright from its offices in the State of California. Mighty Bright makes no representation that any of the materials or the services to which you have been given access to are available or appropriate for use in other locations. Your use of or access to the website should not be construed as Mighty Bright’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
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