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The Legal Bit

Terms & Conditions

The ground rules for using themightymug.com. By using this website, you agree to the terms below.

This website is operated by Mighty Mug Inc. ("us / we / our"), owner of the Mighty Mug trademarks, logos and trade dress (the "Marks").

"Website" means themightymug.com, any URL that replaces it, and all associated sites, apps and microsites. "You / your" means you as a user. We offer this Website and everything on it conditioned on your acceptance of all the terms, conditions and policies stated here. Your continued use of this Website constitutes your agreement to these Terms of Use. If at any time you do not agree, please do not use this Website.

You shall not use the Website for any illegal purpose, and will use it in compliance with all applicable laws. You shall not use the Website in any way that interrupts, damages or impairs it, and you agree not to attempt any unauthorized access to any part of it.

1 Intellectual property ownership and use

1.1 You acknowledge that the Marks, copyrights and all other intellectual property rights in material on this Website remain vested in us at all times — or, where we use content under authority from a third party, in that owner.

1.2 We grant you the limited right to access and use the Website as our user. You shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, design, trade dress, trademark, logo or other content ("Site Content") for any commercial purpose; (b) engage in any activity that interferes with the Website or another user's ability to use it; (c) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website; or (d) assist or encourage any third party in any activity prohibited by these Terms.

1.3 You shall not use, copy, distribute or exploit any Marks or Site Content without our prior written permission.

1.4 All Site Content — text, graphics, logos, button icons, images, audio, video, articles, posts and data compilations — is owned by us or used under authorization, and is protected by U.S. and foreign trademark and copyright law. No portion may be reprinted or republished in any form without our express written permission.

2 Errors, inaccuracies & dispute resolution

2.1 We strive to provide complete, accurate, up-to-date information, but human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies or omissions, including those relating to pricing and availability. We reserve the right to correct any errors and to change or update information at any time without prior notice, including after an order has been submitted.

2.2 You acknowledge that your computer's technical specifications and display settings could affect the accuracy of the colors and look of products shown on the Website.

2.3 IF YOU BELIEVE A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US FOR A REFUND IN UNUSED CONDITION.

2.4 THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL, AND LIMIT HOW YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH, TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute or claim relating to these terms, this website, or any products or services sold through it will be resolved by binding arbitration rather than in court — except that you may assert claims in small claims court if they qualify. The Federal Arbitration Act and federal arbitration law will apply. Arbitration will be conducted confidentially by a single arbitrator under the rules of the American Arbitration Association ("AAA"). To the fullest extent permitted by law, we each agree that any arbitration or dispute resolution will be conducted only on an individual basis and not as a class, consolidated or representative action. You and Mighty Mug agree to waive any objection based on lack of personal jurisdiction, residence, improper venue or forum non-conveniens, and to give up any right to a jury trial in any such proceeding.

3 Changes to the Website or these Terms

3.1 Other than as required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part) with or without notice, and we shall not be liable to you or any third party for any such modification or withdrawal.

3.2 We may alter these Terms from time to time, and your continued use of the Website following a change is deemed acceptance of it. It is your responsibility to check regularly. If you do not agree to a change, you must immediately stop using the Website.

3.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of it, or because of a failure, suspension or withdrawal of all or part of it.

4 External sites and resources

4.1 We are not responsible for the availability of any third-party websites. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or content of any third-party site — including any advertising, products, materials or services on them — nor for any damage or loss caused by or in connection with the use of or reliance on such content, goods or services.

5 Orders, price, resale & refused shipments

5.1 Nothing on the Website constitutes a binding offer to sell. We reserve the right, after receiving your order, to accept or decline it (or any portion) in our sole discretion — even after an order confirmation or after your card has been charged. Prices are quoted and payable in U.S. dollars. If a product is listed at an incorrect price, we may refuse or cancel the order regardless of confirmation or charge; if your card was charged and the order is canceled, we will issue a credit. A refused shipment occurs when a customer refuses delivery; if you refuse delivery instead of contacting us for return instructions, you may be assessed a fee for return shipping and labor, deducted from your credit due. Refused shipments may be treated as unauthorized returns.

6 Online services & user content

6.1 The Website may contain interactive features — forums, message boards and similar — that allow users to post content ("Online Services"). We have no obligation to monitor them but reserve the right to. We are not responsible for, and do not vouch for, the accuracy of any user comments. User content expresses the views of the user, not necessarily ours, and we may edit, delete or refuse to post it for any reason.

6.2 If you believe any user content is inaccurate or objectionable, please contact us with detailed information about its nature and location so we can investigate.

6.3 You agree not to upload or transmit material that: (i) is defamatory, threatening, invasive of privacy, abusive, obscene, hateful or otherwise objectionable, or that violates any law; (ii) contains viruses or code designed to interrupt, destroy or limit functionality; or (iii) infringes any person's intellectual property rights. You will not impersonate any person or entity; you will not "flood" or post inappropriate images; and you will not distribute unsolicited promotions, advertising or spam.

6.4 User content becomes public information. Be careful about posting personally identifiable information such as your name, address, phone or email — you may receive unsolicited messages in return.

6.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept responsibility for all activity under your account.

6.6 If you submit user content, you grant us and our successors, licensees, assigns and affiliates a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that content in any media now known or later devised.

6.7 If you communicate or meet with other users, you do so at your own risk. We have no obligation to verify the identity of users, and you assume all risks associated with dealing with them.

7 Sales, shipping & returns

7.1 We accept most major credit cards, PayPal, Amazon Pay and Apple Pay. There is no surcharge for paying by credit card. Please provide the exact billing address and phone number your card issuer has on file — incorrect information will delay your order. Your card is billed upon shipment.

7.2 Your receipt of an order confirmation does not signify our acceptance of your order, nor confirm our offer to sell. We reserve the right to accept or decline any order, or supply less than the quantity ordered.

7.3 We ship orders as they become available. Products usually ship the same day if ordered by 5:00 PM Eastern, or the next business day otherwise (and for orders received on weekends or major holidays). If an item is out of stock we will keep you informed, and you may cancel any time prior to shipping. All shipping and transit times are estimates only.

7.4 We gladly accept returns of products that are defective in manufacturing or workmanship within thirty (30) days of purchase. Fulfillment mistakes on our part are also accepted for return within thirty (30) days of purchase.

7.5 We automatically charge and withhold applicable sales taxes.

8 Disclaimers

8.1 WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.

9 Investigation of violations

9.1 We may investigate any reported violation of these Terms and take any action we deem appropriate — including issuing warnings, removing content, and reporting suspected unlawful activity to law enforcement, regulators or other third parties.

10 Notice for California users

10.1 Under California Civil Code Section 1789.3, California users are entitled to know they may file grievances with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

11 Miscellaneous

11.1 If any part of these Terms is deemed unlawful, void or unenforceable, that provision is severable and does not affect the validity of the remaining provisions.

11.2 These Terms and our Privacy Policy — together with any other terms posted on the Website ("Website Agreements") — contain the entire agreement between you and us relating to the Website, and supersede any previous agreements. These Website Agreements are governed by and construed in accordance with the laws of the State of New Jersey, and the courts located there have exclusive jurisdiction in any dispute, except that we may commence proceedings in alternative jurisdictions at our discretion.

12 Contact information

You may send us notices or communicate with us through our Contact Us portal. If you send an electronic communication asking for a response and don't hear back within ten (10) business days, please send it again, as we may not have received your previous message. By messaging us, you agree we may communicate with you electronically. Email and electronic communications are not considered confidential — please do not send confidential information by email.

Last modified: November 14, 2016
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