Terms of Use

Last Updated: 12/17/2024

Welcome to mightsurprise.com. These Terms of Use govern your use of our Website and associated products or services ("Terms"). We may modify the Website and Terms at any time, with changes effective immediately upon posting without prior notice. Our Privacy Policy, detailing our information collection and usage practices, is incorporated into these Terms.

Based in the United States, our Website operates under U.S. law. Content may not be suitable or accessible in all jurisdictions. By accessing our Website from outside the U.S., you do so voluntarily and are responsible for complying with local laws.

Section 11 of these Terms includes a binding arbitration agreement and a class action waiver. This section significantly impacts your legal rights in case of a dispute. We strongly advise you to review it thoroughly before proceeding.

1. LEGAL AGREEMENT

By using our website, submitting information, or accessing our services and products, you are entering into a legally binding agreement. Please carefully review the following terms and our Privacy Policy. If you disagree with any part of these terms or our Privacy Policy, refrain from using our website, providing any information, or utilizing our services.

You must be at least 18 years old to use this website. Your use of the website constitutes acceptance of these terms. The consideration for this agreement includes your ability to access information and services through our website.If you proceed to use our website, you acknowledge and agree to be bound by these terms.

2. SERVICES

We operate as an information hub and marketing agency. Our Website features products and services owned by third parties with whom we maintain financial relationships. These financial connections may influence the placement of products on our Website. It's important to note that we do not endorse or recommend any services, products, or third-party advertisers displayed on our Website or within our content.

Content Disclaimer

The content we provide is of a general nature and is not tailored to individual circumstances. We cannot guarantee the accuracy or timeliness of information presented in our opinion pieces. Our content is not intended to serve as professional or financial advice, nor does it constitute a comprehensive analysis of the topics discussed or related legal matters.

User Responsibility

By accessing our Website and its content, you acknowledge that we do not assume a fiduciary role. You bear sole responsibility for evaluating the merits and risks associated with using any information provided on our Website.

Professional Consultation

We strongly advise that before making any decisions based on information found on our Website, you consult with the appropriate professional.

3. CHANGES TO WEBSITE, TERMS AND POLICIES

We maintain the right to modify any information, features, or functions of our Website without providing prior notice. Access to our Website may be denied without warning if we determine, at our sole discretion, that your conduct or activities violate these Terms, our legal rights, or the legal rights of any third party, or if we deem your behavior inappropriate in any way. We do not assume responsibility for any errors on our Website or technical issues within our system.

Furthermore, we reserve the right to amend this Agreement and the posted Privacy Policy. Any modifications will take effect immediately upon posting, without additional notification to you. Consequently, the Privacy Policy and Terms of Use in effect at the time of your registration on our Website will govern our relationship for that specific registration and referral request.

It is important to note that these terms reflect our commitment to maintaining a secure and efficient online environment while retaining the flexibility to adapt to changing circumstances. Users are encouraged to regularly review these documents to stay informed about any updates or modifications that may affect their use of our Website.

4. PROHIBITED USER CONDUCT

Users are strictly forbidden from engaging in any behavior that impedes other users' enjoyment of the Website or linked websites. This includes attempting to access private areas or other users' information, impersonating individuals or entities, and providing false information during registration or customer service interactions. The Website prohibits any actions that infringe on intellectual property rights, including copyrights, patents, and trademarks. Users must not introduce malicious code, viruses, or other harmful elements to the Website.

Furthermore, harvesting user information or employing automated means to interact with the Website is not allowed. Users are prohibited from reselling, transferring, or sublicensing rights without express written authorization. Any modification, reproduction, or exploitation of Website content for unauthorized purposes is strictly forbidden. This extends to creating derivative works, reverse engineering, or decompiling any part of the Website. Additionally, users must not use obtained information to send unsolicited messages or use the Website for commercial purposes without permission.

5. THIRD-PARTY WEBSITE LINKS

Our Website may contain hyperlinks to third-party websites. When using these links, users acknowledge that they will be leaving our Website. It is important to understand that we have no control over third-party websites or their content. We do not endorse, adopt, or claim responsibility for these websites, nor are we liable for any content, advertising, products, or services found on these sites.

Users should be aware that their use of third-party websites is entirely at their own risk. Such use is subject to the respective terms of use and privacy policies of those third-party sites. We strongly encourage users to review these policies before engaging with external websites accessed through our platform.

6. INTELLECTUAL PROPERTY RIGHTS

Users are permitted to use our Website and its Content for personal, non-commercial purposes only. It is crucial to understand that all Website content remains our property and is protected by intellectual property laws. When using the Website, users must keep all copyright, trademark, and proprietary notices intact. Any reproduction, modification, or creation of derivative works is prohibited without our written authorization.

Our trade names, trademarks, and service marks, including associated logos, are our exclusive property. Trademarks on the Website not owned by us belong to their respective owners. It is important to note that no implied licenses or rights to use our trade names, trademarks, or service marks are granted without our express written consent. Users are strictly prohibited from reverse engineering, decompiling, or disassembling any part of the Website or Content.

7. DISCLAIMER OF WARRANTIES

We are not responsible for any incorrect or inaccurate information or entry of information on our Website, whether caused by users, equipment, programming, or human error associated with our Website or services. We assume no responsibility for errors, omissions, interruptions, deletions, defects, delays, line failures, theft, unauthorized access, or alterations of information received or submitted in connection with our Website.

We do not guarantee the availability, accuracy, or functionality of our Website or services. The content and all associated services are provided on an "as-is" and "as available" basis, without any express or implied warranties. Your use of our services is at your sole risk.

We expressly disclaim any representations, warranties, or guarantees regarding the accuracy, correctness, completeness, safety, reliability, timeliness, merchantability, or fitness for a particular purpose of the content, services, and products associated with our Website. It is your responsibility to independently evaluate the accuracy and completeness of the content and services.

Furthermore, we make no representation or guarantee that the content available for downloading from our services is free from viruses, worms, Trojan horses, or other potentially harmful computer programming routines. We also do not make any representations, warranties, or guarantees regarding any quotes or offers provided on or through our services.

8. LIMITATION OF LIABILITY

We, our parents, subsidiaries, partners, agents, affiliates, licensors, successors, assigns, and their respective officers, directors, employees, and shareholders will not be liable for any indirect, direct, special, punitive, incidental, or consequential damages. This includes, but is not limited to, damages for loss of business profits, business interruption, loss of programs or information, and similar issues.

We are not liable for any damages arising from the availability, use, reliance on, or inability to use the Website or Website Content, even if advised of the possibility of such damages. This applies regardless of the form of action, whether in contract, tort, or otherwise.

We are also not liable for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website or the Website Content. You and we agree that any cause of action arising out of or related to our service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

9. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. INDEMNITY

You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors, assigns, and their respective officers, directors, employees, and shareholders from any claims, liabilities, costs, and expenses. This includes reasonable attorneys' fees arising from your use or inability to use our Website and/or Content, any information provided through our Website, or any violation of this Agreement by you.

11. DISPUTE RESOLUTION AND RELINQUISHING OF CLASS ACTION PARTICIPATION RIGHTS
A. Binding Arbitration

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of laws rules or provisions. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a "Dispute") shall be solely and exclusively resolved according to the procedures set forth in this Section 11.

If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS Comprehensive Arbitration Rules and Procedures in effect as of the date of such dispute, including the Optional Appeal Procedure provided for in such rules (the "Arbitration Rules"). The arbitration shall be conducted in Los Angeles, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules.

The arbitrator's decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

Waiver of Class Action Rights: By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms must be asserted individually. The arbitrator shall not have the power to award punitive damages against any party.

B. Prohibition of Class and Representative Actions and Non-Individualized Relief

You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect our other users.

C. Severability

With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 12 of these Terms is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Delaware.

Important Notice: These Terms provide that all disputes between us will be resolved by binding arbitration. You give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury.

12. WAIVER AND SEVERABILITY OF TERMS

The failure of our company to exercise or enforce any right or provision outlined in these Terms shall not be construed as a waiver of such right or provision. In the event that a court of competent jurisdiction deems any provision of these Terms invalid, both parties agree that the court should strive to interpret and apply the provision in a manner that aligns with the original intentions of the parties. Furthermore, all other provisions of the Agreement shall remain in full force and effect.

13. ENTIRE AGREEMENT

This Agreement represents the complete understanding between you and our company, governing your use of the Website and Service. It supersedes any prior agreements that may have existed. Should any portion of these Terms be deemed unenforceable under applicable law, that specific provision will be considered replaced by a valid, enforceable provision that most closely reflects the intent of the original provision. The remaining terms of the Agreement will continue to be effective.

14. ELECTRONIC COMMUNICATIONS

By visiting our Website or sending us emails, you are engaging in electronic communication with our company. You hereby consent to receive electronic communications from us. While we retain the option to communicate with you via regular mail, we may also choose to correspond through email or by posting notices on our Website. You acknowledge and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements for such communications to be in writing.