Mightyfull LLC provides access to and purchases from the Mightyfull LLC website located at https://www.mightyfull.com (the "Site") operated by Mightyfull LLC, a Texas limited liability company ("Mightyfull" or the "Company"), as of June 1st, 2026 (these "Terms"). These Terms govern your access to and use of the Site and your purchase of products from the Site, and form a binding agreement between you and the Company. By accessing or using the Site, creating an account, placing an order, or enrolling in a subscription through the Site, you agree to these Terms and to the Company's Privacy Policy available here (the "Privacy Policy"). For subscriptions and recurring billing, the checkout flow will present clear and conspicuous disclosures of auto-renewal, billing frequency, total charges per period, and how to cancel; you must affirmatively consent to these disclosures (for example, by selecting a checkbox or similar click-to-agree control located near the purchase button). The Company may update these Terms from time to time as described in Section 16, and your continued use of the Site or future orders after the updated Terms are posted constitutes your acceptance of the changes.
BY ACCESSING OR USING THE SITE, CREATING AN ACCOUNT, PLACING AN ORDER, OR ENROLLING IN A SUBSCRIPTION, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR PURCHASE PRODUCTS.
PLEASE NOTE: THESE TERMS INCLUDE A DISPUTE RESOLUTION PROVISION THAT REQUIRES MOST DISPUTES BETWEEN YOU AND MIGHTYFULL LLC TO BE RESOLVED THROUGH INDIVIDUAL, BINDING ARBITRATION RATHER THAN IN COURT, AND INCLUDE A WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS, AS WELL AS A JURY WAIVER. YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS, AS DESCRIBED IN SECTION 15 (DISPUTE RESOLUTION).
1. Who Can Use the Site and Purchase.
To make purchases from the Site, you must be at least 18 years of age and have the legal capacity to enter a binding contract under applicable law. If you are under 18 years of age, a parent or legal guardian must complete the purchase on your behalf; minors may browse the Site but should not place orders.
Sales and shipping are available only within the contiguous United States (excluding Alaska, Hawaii, and Puerto Rico). The Company does not ship to P.O. Boxes or APO/FPO/DPO addresses and does not offer international sales or shipments.
You must comply with all applicable laws and provide accurate, current, and complete information when using the Site and placing orders. Purchasing Products (as defined in Section 2) for resale without the Company's prior written consent is prohibited.
2. What These Terms Cover and What They Do Not.
These Terms govern your use of the Site and your purchase of Mightyfull products made directly on the Site (the "Products").
Purchases made in retail stores must be handled with the retailer according to the retailer's policies. Purchases made through online marketplaces (for example, Amazon, TikTok Shop, or Instagram Shopping) are subject to the applicable platform's or seller's terms and policies, and any returns, refunds, and customer service for those orders must be handled through the marketplace seller channel. The Company is not responsible for third-party pricing, promotions, errors, or policies.
3. Product Information, Allergens, and Health/Nutrition Disclaimers.
The Products are gluten-free and soy-free but contain dairy, including whey. The manufacturing facility processes common allergens, including, without limitation, nuts, eggs, wheat, dairy, and soy. Allergen statements appear on the Product packaging. You should read the label and allergen statement on the packaging each time you purchase or consume a Product, as recipes, suppliers, and ingredient sources may change over time.
The Products may be described as "protein-packed." The Company does not provide medical, dietary, or nutritional advice. Individual results vary. You are solely responsible for determining whether the Products are appropriate for your dietary needs, allergies, intolerances, or medical conditions, and you should consult a qualified healthcare professional, dietitian, or nutritionist as needed.
Packaging, ingredients, and nutrition facts may change without notice. In the event of any discrepancy between the Site and the Product packaging, the information on the packaging in your possession controls. Minor variations in appearance, size, or color that do not affect quality are not defects.
The images, illustrations, and artwork on our Product packaging (including drawings of cookies or serving suggestions) are for illustrative and branding purposes only and are not exact depictions of the actual Product you receive. The actual appearance, size, shape, color, or texture of the Product may differ from how it appears on the packaging or in images on the Site. Such differences that do not affect the quality or safety of the Product are not defects and do not give rise to any right of return, refund, or replacement beyond our replacement guarantee described in these Terms.
4. Accounts, Ordering, and Payment.
Account creation may be optional or required for certain features, and if you create an account on the Site (an "Account"), you agree to keep your password secure and confidential and are responsible for all activities that occur under your Account. You agree to keep your contact, shipping, and payment information accurate and up to date.
Orders placed on the Site are offers to buy. The Company may accept or decline any order in its sole discretion, including for reasons such as Product availability, suspected fraud or abuse, or pricing or listing errors. An order confirmation email acknowledges receipt of your order; the order is accepted when the Company sends a shipping confirmation and transfers the order to the carrier.
You authorize the Company to charge the payment method you provide for one-time purchases and, if you enroll in a Subscription (as defined in Section 6), for recurring charges according to your selected frequency and these Terms. Accepted payment methods are those displayed at checkout. If a payment fails, the Company may retry the charge in accordance with Section 6 and may cancel the order or Subscription for nonpayment.
You are responsible for applicable sales, use, and other taxes, and for shipping and handling fees, as shown at checkout. Prices may change at any time prior to purchase. If there is a pricing, description, or other error, the Company may cancel the order or request your confirmation at the corrected price before proceeding.
5. Promotions, Coupon Codes, and Subscription Discounts.
Promotions, discounts, and coupon codes (collectively, "Promotions") apply only as expressly stated, are valid only for the stated start and end dates and times, cannot be combined unless expressly permitted, are non-transferable, and have no cash or stored value.
A “Subscription Order” is an order placed as part of a recurring, auto‑renewing program described in Section 6 (a “Subscription”). Any discount offered for Subscription Orders (for example, 10% to 15% off the then‑current non‑subscription price) applies only for as long as you remain enrolled in the Subscription for that Product and will end if you cancel the Subscription or switch to a different Product or plan.
At checkout for Subscriptions, the Company will provide clear disclosure of Subscription pricing, billing frequency, and how to cancel adjacent to the purchase button.
In addition to the terms above, all promotions, promotional links, discounts, or coupon codes
(“Promotions”):
- Must be used only in accordance with the law, for their intended audience and purpose, and only pursuant to the specific terms set by the Company.
- May not be duplicated, resold, or made available to the public (including posting to coupon sites or forums) unless expressly permitted.
- May be suspended, modified, disabled, or have additional restrictions applied at any time for any reason.
- Are subject to additional conditions at the time of issuance and may expire at any time.
- Are not valid for prior purchases, are not transferable, and are not redeemable for cash (except as required by law).
- The sole responsibility of the purchaser is for correct delivery; lost, stolen, or misused Promotions will not be replaced.
- May be refused, reversed, suspended, or canceled in cases of actual or suspected fraud, abuse, or violation of the Company’s policies, including use of multiple accounts, false information, or other misuse.
- May be combined only if expressly permitted, and do not cover sales tax or shipping charges unless stated otherwise.
- The Company may, in its sole discretion, cancel or refuse any Promotion or order for any reason, including actual or suspected fraud, error, or misuse.
6. Subscriptions, Auto-Renewal, Billing, and Cancellation/Pausing.
A "Subscription" is a recurring purchase program for Products that you set at a chosen frequency (for example, monthly or quarterly) that continues to auto-renew until paused or cancelled as provided in this Section 6.
At enrollment, the Company will disclose the renewal frequency; the per‑cycle price (which may include taxes and shipping if known at the time of enrollment, or a statement that taxes and shipping will be calculated based on the delivery address and applicable rates at the time of each renewal); how to cancel; and that charges will continue until you cancel. You must affirmatively consent (for example, by selecting a checkbox or similar control) to these terms. The Company will send a post‑order email confirming your Subscription and summarizing key terms and cancellation steps.
You will be charged on the renewal date of each Subscription cycle, and shipments will be processed after the charge is approved. Changes to your Subscription (for example, pausing, cancellation, address updates, Product changes, or payment method updates) must be made no later than 24 hours before the renewal date to take effect for the upcoming cycle; changes made after that cut-off will apply to subsequent cycles.
If you cancel a Subscription before the next renewal is processed, charges and shipments will stop immediately, and the cancellation will take effect for all future cycles. If you cancel after a renewal has been processed, that cycle will proceed, and all future cycles will be stopped. You may pause a Subscription in your Account until a specified date; unless you extend the pause or cancel beforehand, the Subscription will automatically resume, and charges will occur on the scheduled resume date.
You can manage your Subscription preferences, addresses, and payment methods via your Account dashboard. You are responsible for keeping your payment and delivery information current to avoid failed charges and misdeliveries. If a charge fails, the Company may retry the charge up to 3 times over 5 days and may skip or cancel the applicable order for nonpayment.
The Company may change Subscription prices or terms with advance notice. For price increases or material changes, the Company will provide notice by email and/or through your Account at least 30 days before the change takes effect and will explain how you can cancel before the change. Where required by law (including, without limitation, California, Colorado, the District of Columbia, and New York auto-renewal laws), the Company will provide renewal reminders and/or obtain additional consent and will provide an easy-to-use online cancellation method at all times.
Free trials or special trial pricing apply only when expressly offered and will be clearly disclosed with their specific terms. No free trial is provided unless expressly stated.
7. Shipping, Delivery, Title, and Risk of Loss.
Shipments are available only within the contiguous United States. The Company does not yet ship to Alaska, Hawaii, Puerto Rico, P.O. Boxes, or APO/FPO/DPO addresses. Typical order processing time is 3 business days, and typical transit time is 5 business days, but all times are estimates only and delays may occur for reasons outside the Company's control, including carrier delays and weather.
Title to, and risk of loss for, Products pass to you upon carrier delivery scan at the delivery address you provide.
If a package is lost in transit, or you cannot locate a package that the carrier marks as delivered, the Company is not responsible for the loss but will, upon your request and reasonable cooperation, initiate a claim with the carrier. Upon filing a claim with the carrier, the Company will reship the order without requiring Product returns. The Company may limit replacements to 2 replacements per customer and/or per delivery address in any 6-month period to prevent abuse.
You are responsible for providing a complete and accurate delivery address. Misdeliveries or returned shipments due to address errors may incur additional reshipment fees.
You are responsible for promptly receiving and properly storing Products after delivery. The Company is not responsible for spoilage, melting, or degradation after delivery due to weather, delayed retrieval, or improper storage.
8. Replacement Guarantee and Damage/Quality Claims.
The Company offers a 30-day replacement guarantee for Products that arrive damaged or in less-than-excellent condition. Please note that our 30-Day replacement guarantee excludes issues relating to personal preference regarding taste or texture.
Shipping damage must be reported within two (2) days of delivery. Other covered quality issues must be reported within seven (7) days of delivery. You must provide clear photos showing both the outer shipping box and the damaged Product and/or packaging to support your claim.
The sole and exclusive remedy for qualifying claims is replacement of the affected Product(s). No refunds are provided for these claims. No Product return is required for replacement claims.
This guarantee excludes minor cosmetic damage to outer packaging that does not affect Product integrity, damage occurring after delivery due to improper storage or handling, and issues caused by misuse or failure to follow Product instructions.
To submit a claim, contact the Company at support@mightyfull.com with the photos described above and a brief description of the issue. Claims are typically processed within 15 business days after receipt of all required information.
Any Products purchased from a retailer, third-party eCommerce site, or distributor must be returned or exchanged at the place of purchase. Our 30-Day Replacement Guarantee applies only to purchases made directly from mightyfull.com.
9. Retail and Marketplace Purchases (Clarification).
Mightyfull Products may be available through retailers and on marketplaces such as Amazon, TikTok Shop, and Instagram Shopping. Purchases made through those channels must follow the applicable sellers' or platforms' terms for pricing, delivery, returns, and customer service. The Company cannot process returns, replacements, or refunds for those orders.
10. Product Use, Storage, and Safety.
Products are intended for personal consumption by end users. Resale is prohibited without the Company's prior written permission.
You should follow the storage instructions on the Product packaging and check "best by" or similar dates indicated on the packaging.
Individuals with allergies or sensitivities must review ingredient and allergen labels and exercise judgment before consuming the Products. Because the manufacturing facility processes common allergens, the Company cannot guarantee suitability for every individual.
11. Intellectual Property and Acceptable Use of the Site.
The Site, including all content and materials on the Site—such as logos, trademarks, brand names, product images, graphics, text, reviews, videos, audio, software, designs, and the overall look and feel and arrangement of such materials (collectively, “Site Content”)—are owned by Mightyfull LLC (“Mightyfull,” “we,” or “us”) or its licensors and are protected by U.S. and foreign copyright, trademark, patent, and other intellectual property and proprietary rights laws.
Subject to your compliance with these Terms, Mightyfull grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to access and use the Site and Site Content for your personal, non‑commercial use only. Except as expressly permitted by these Terms or by us in writing, you may not:
- Copy, reproduce, modify, adapt, translate, distribute, publish, transmit, display, perform, republish, download, store, or create derivative works based on any part of the Site or Site Content.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Site, except to the limited extent expressly permitted by applicable law.
- Use any robot, spider, scraper, crawler, or other automated means to access, monitor, or copy any part of the Site without our prior written permission.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notices on or in the Site or Site Content.
- Use the Site for any unlawful, infringing, harmful, harassing, defamatory, obscene, or otherwise objectionable purpose, or in any way that violates these Terms.
Except for the limited license expressly granted above, nothing in these Terms shall be construed as granting any license or other rights to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Mightyfull or any third party. All rights not expressly granted in these Terms are reserved by Mightyfull and its licensors.
“Mightyfull,” “Mightyfull LLC,” our product names, logos, designs, and slogans are trademarks, service marks, or trade dress of Mightyfull or its affiliates or licensors (collectively, the “Mightyfull Marks”). Without our prior written permission, you must not use any Mightyfull Marks, or any mark, name, or designation that is confusingly similar to the Mightyfull Marks, including, without limitation:
- as or as part of any trademark, service mark, trade name, company name, or domain name.
- in any advertising, marketing, promotional, or sponsored content.
- in connection with any product, service, or business not owned or expressly authorized by Mightyfull.
- in any manner likely to cause confusion, mistake, or deception as to the source, sponsorship, affiliation, or endorsement of any goods, services, or content; or
- in any manner that disparages, tarnishes, or dilutes the goodwill associated with Mightyfull or the Mightyfull Marks.
Any goodwill arising from any permitted use of the Mightyfull Marks shall inure solely to the benefit of Mightyfull. Unauthorized use of the Mightyfull Marks or Site Content may constitute infringement, unfair competition, or other violations of applicable law, and Mightyfull reserves all rights and remedies available at law and in equity.
Names, logos, product and service names, designs, and slogans of third parties appearing on the Site (for example, Shopify, carriers, or marketplaces) are the trademarks of their respective owners. Use of any such third‑party marks does not imply any endorsement, sponsorship, or affiliation by such third parties unless expressly stated.
If you submit, post, or provide to us any ideas, suggestions, reviews, photos, testimonials, or other content or feedback about the Site or the Products (“Feedback”), you grant Mightyfull a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty‑free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Feedback, in any media now known or later developed, for any lawful purpose, without restriction and without any obligation or compensation to you.
12. Third-Party Services.
The Site may integrate or interoperate with third-party services, such as payment processors, shipping carriers, analytics providers, and marketing tools (each, a "Third-Party Service"). Your use of any Third-Party Service is subject to that third party's terms and privacy policy. The Company does not control and is not responsible for the acts, omissions, availability, or content of any Third-Party Service.
13. Warranties, Disclaimers, and Limitation of Liability.
Except for the specific replacement guarantee described in Section 8 and any non-waivable statutory warranties, the Site and the Products are provided "as is" and "as available," with all faults, and without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Company does not provide medical, dietary, or nutritional advice and does not guarantee any health, fitness, or wellness outcomes. You are solely responsible for your decisions regarding consumption of the Products.
To the fullest extent permitted by law, the Company's total liability to you for any and all claims arising out of or relating to these Terms, the Site, or the Products, whether in contract, tort (including negligence), or otherwise, is limited to the amount you paid for the applicable order or Product(s). To the fullest extent permitted by law, the Company will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, loss of data, business interruption, or procurement of substitute goods, even if advised of the possibility of such damages.
Some jurisdictions do not allow certain exclusions or limitations of liability. Nothing in these Terms affects any non-waivable statutory rights that apply to you.
To the fullest extent permitted by law, in no case shall Mightyfull LLC, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any Products procured using the Services, or for any other claim related in any way to your use of the Services or any Product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Services or any Content (or Product) posted, transmitted, or otherwise made available via the Services, even if advised of the possibility of such damages. In those jurisdictions that do not allow the exclusion or limitation of liability for certain types of damages, in such jurisdictions our liability shall be limited to the fullest extent permitted by law.
14. Indemnification.
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Site or the Products; (c) your violation of any law or regulation; or (d) your infringement, misappropriation, or violation of any third-party right.
You agree to indemnify, defend, and hold harmless Mightyfull LLC, Shopify, and our respective affiliates, directors, officers, employees, agents, contractors, service providers, and licensors, from any and all losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of (i) your breach of these Terms or of any documents they incorporate by reference, (ii) your violation of any law or the rights of a third party, or (iii) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.
15. Dispute Resolution (Governing Law, Arbitration, and Class Action Waiver)
15.1 Governing Law
These Terms and any dispute, claim, or controversy between you and Mightyfull LLC (“Mightyfull,” “we,” or “us”) arising out of or relating to these Terms, the Site, the Services, or the Products (each, a “Dispute”) are governed by the laws of the State of Texas, without regard to its conflict‑of‑law rules, except that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the agreement to arbitrate in Section 15.3. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Pre‑Dispute Resolution Requirement
Before either party may initiate arbitration or any other legal proceeding against the other, the parties agree to first attempt in good faith to resolve any Dispute informally.
The party asserting a Dispute must send the other party a written notice (“Dispute Notice”) that includes: (a) the asserting party’s full name; (b) the asserting party’s mailing address, email address, and telephone number; (c) a clear description of the Dispute; and (d) a clear description of the specific relief requested. The Dispute Notice to Mightyfull must be sent to the contact address or email specified in Section 22 (Contact Information) of these Terms.
If requested by the other party, both parties agree to discuss the Dispute in person, by telephone, or by video conference and to attempt in good faith to resolve the Dispute. If the parties are unable to resolve the Dispute within thirty (30) days after the Dispute Notice is received, either party may initiate arbitration as described below. A court or arbitrator may enjoin or dismiss any arbitration or legal proceeding commenced without first complying with this Section 15.2.
15.3 Agreement to Arbitrate; No Court or Jury; No Class or Representative Actions
(a) Agreement to Arbitrate. To the fullest extent permitted by law, you and Mightyfull agree that any and all Disputes (including, without limitation, Disputes based in statute, contract, tort, fraud, misrepresentation, or any other legal or equitable theory, and including any question regarding the validity, enforceability, or scope of this agreement to arbitrate) shall be resolved exclusively by final and binding individual arbitration, and not in a court of law.
(b) Small Claims Exception and IP Injunctive Relief. This agreement to arbitrate does not:
(i) prevent you or Mightyfull from bringing an individual claim in a small claims court of competent jurisdiction, so long as that claim remains in that court and proceeds only on an individual basis; or
(ii) require arbitration of a lawsuit filed by either party in a court of competent jurisdiction solely to seek temporary or preliminary injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of that party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(c) No Judge or Jury; Limited Discovery. In arbitration, there is no judge or jury, discovery may be more limited than in court, and a court’s review of an arbitration award is limited. The arbitrator must follow this agreement and may award on an individual basis the same types of relief that a court could award (including attorneys’ fees and costs, if authorized by law).
(d) No Class, Representative, or Collective Actions. You and Mightyfull each agree that any arbitration or legal proceeding between us shall be conducted only on an individual basis and not as a class, collective, representative, or private attorney general action. The arbitrator may not consolidate or join the claims of more than one person, may not preside over any form of class, collective, or representative proceeding, and 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 warranted by that party’s individual claim.
If a court or arbitrator determines that any part of this Section 15.3(d) (Class Action Waiver) is invalid or unenforceable as to a particular claim, then that claim (and only that claim) must be severed from arbitration and may proceed in court. All other claims shall remain subject to arbitration.
15.4 Arbitration Procedures
(a) Arbitration Provider and Rules. The arbitration shall be administered by a reputable, neutral arbitration provider applying its then‑current consumer arbitration rules and procedures that are consistent with this Section 15 and the FAA. If the parties cannot agree on an arbitration provider, the provider shall be selected by a court of competent jurisdiction on motion of either party and shall be directed to apply consumer‑appropriate procedures that are fair, efficient, and cost‑effective.
(b) Location and Format. Unless you and Mightyfull agree otherwise, the arbitration hearings shall be conducted in the county or parish where you reside, in Harris County, Texas (where Mightyfull LLC is based), or via video or telephone conference to the extent allowed by the arbitration provider’s rules. The choice among these locations and formats shall be made to minimize cost and inconvenience, consistent with due process and the provider’s rules.
(c) Arbitration Fees and Costs. Each party is responsible for its own attorneys’ fees and costs, except as otherwise required by applicable law or the arbitration provider’s rules. The allocation and payment of any administrative and arbitrator fees will be governed by the provider’s rules, subject to the following: if you demonstrate to the arbitrator that the costs of arbitration would be prohibitive compared to the costs of litigation, Mightyfull will pay as much of the provider’s and arbitrator’s fees as the arbitrator deems necessary to prevent the arbitration from being cost‑prohibitive. If the arbitrator determines that any claim or defense asserted by a party was frivolous or brought in bad faith, the other party may seek an award of its reasonable attorneys’ fees and costs, to the extent permitted by applicable law.
(d) Confidentiality. Any arbitration shall be confidential. Neither you nor Mightyfull may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing, challenging, or seeking to confirm or vacate the arbitration award in a court of competent jurisdiction.
(e) Final and Binding Award. The arbitrator’s decision and award shall be final and binding on the parties, except for any right of appeal provided by the FAA. Judgment on the award may be entered in any court having jurisdiction.
15.5 Opt‑Out of Arbitration
You may opt out of this agreement to arbitrate within thirty (30) days of the date you first accept these Terms by sending Mightyfull a written notice that includes: (a) your full name; (b) your mailing address, email address, and telephone number; and (c) a clear statement that you wish to opt out of the arbitration agreement in these Terms. Your written notice must be sent to the email address specified in Section 22. If you opt out of arbitration, only this arbitration agreement in Sections 15.3 and 15.4 will not apply to you; all other provisions of these Terms (including the class action waiver to the extent permitted by law) will remain in full force and effect. If you do not opt out within this 30‑day period, you will be deemed to have agreed to this agreement to arbitrate.
15.6 Survival
This Section 15 (Dispute Resolution) shall survive any termination of your account, your relationship with Mightyfull, or these Terms, and shall apply to any Dispute arising at any time between you and Mightyfull, whether before or after such termination.
16. Changes to the Terms.
The Company may update these Terms from time to time. The posting date at the top of these Terms will reflect the effective date of the current version. For material changes, the Company will provide reasonable advance notice by email and/or by posting a prominent notice on the Site. Changes apply prospectively only. Your continued use of the Site or purchases after the effective date of the updated Terms constitutes your acceptance of the changes. For changes to Subscription prices or other material Subscription terms, the Company will provide advance notice and a right to cancel before changes take effect in accordance with Section 6.
17. Privacy and Electronic Communications.
The Privacy Policy, available here, governs the Company's collection, use, disclosure, and protection of personal data. By using the Site, creating an Account, or making a purchase, you consent to receive transactional emails and other Account- or Subscription-related communications electronically. Marketing communications will be sent only with your separate consent, where required, and you may opt out at any time by using the unsubscribe link in the email or by adjusting your Account preferences. Opting out of marketing communications does not affect transactional or service communications.
18. Shopify and Third-Party Platform Disclaimer
Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer and sell Products and provide certain parts of the Services to you. However, all sales and purchases you make through the Site are made directly between you and Mightyfull LLC, and not with Shopify.
By accessing or using the Site or purchasing Products through the Site, you acknowledge and agree that:
- Shopify is not a party to, and has no responsibility for, any transactions, communications, or relationships between you and Mightyfull LLC.
- Shopify is not responsible for the Products, the fulfillment of your orders, customer support, refunds, replacements, or any aspect of your purchases from Mightyfull LLC; and Shopify has no liability for any injury, damage, loss, claim, or expense arising out of or relating to any Products, your use of the Products, or any purchase or transaction you make with Mightyfull LLC.
To the maximum extent permitted by law, you expressly release Shopify and its affiliates, officers, directors, employees, and agents from any and all claims, demands, causes of action, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of or related to (a) your use of the Site or the Services provided by Mightyfull LLC, and (b) any purchase, transaction, or interaction between you and Mightyfull LLC.
Nothing in this Section is intended to limit any rights you may have directly against Mightyfull LLC under these Terms or under applicable law.
19. Errors, Inaccuracies, and Omissions
From time to time, there may be information on the Site or in our Services that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.
We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or in the Services is inaccurate (including after you have submitted your order). If we cancel an order after you have already been charged, we will issue a refund for the amount paid for that order.
20. Termination
We may terminate these Terms or your access to the Site or the Services, in our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections, and any other provisions that by their nature should survive, will continue to apply following any termination of your access to the Site or Services: Section 11 (Intellectual Property and Acceptable Use of the Site), Section 13 (Warranties, Disclaimers, and Limitation of Liability), Section 14 (Indemnification), Section 15 (Governing Law and Dispute Resolution), Section 17 (Privacy and Electronic Communications), Section 20 (Termination), Section 21 (Miscellaneous), and any applicable Feedback, Severability, Waiver, Assignment, and Entire Agreement provisions.
21. Miscellaneous.
The Company may assign its rights and obligations under these Terms, in whole or in part, without notice. You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent, and any attempted assignment without such consent is void.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect. A failure or delay by the Company in enforcing any right or provision is not a waiver of such right or provision.
The Company is not liable for any delay or failure to perform due to causes beyond its reasonable control, including carrier delays, weather, fire, flood, acts of God, epidemic, pandemic, labor disputes, supply shortages, acts or orders of government, or failures of third-party networks or services.
These Terms, together with the Privacy Policy and any other policies or disclosures expressly referenced in these Terms or presented to you at checkout, constitute the entire agreement between you and the Company regarding the Site and direct purchases from the Site, and supersede all prior or contemporaneous understandings regarding the same.
These Terms will inure to the benefit of and will be binding upon each party’s successors and permitted assigns.
The headings used in these Terms are for convenience only and will not limit or otherwise affect the interpretation of these Terms.
22. Contact Information.
Mightyfull LLC
Email: support@mightyfull.com
Expected response time: 3 - 7 business days