Welcome to MightyForms’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the MightyForms website, which can be accessed at mightyforms.com. “Service” refers to MightyForms’s services accessed via the Site, in which users have access to our online form builder and features, as described at mightyforms.com/features. The terms “we,” “us,” and “our” refer to MightyForms LLC, an Ohio Limited Liability Company. “You” refers to you, as a user of our Site or our Service. 

The following Terms of Use apply when you view or use the MightyForms Service via our website located at mightyforms.com or by accessing the Service through app.mightyforms.com/ or one of our many integrations.

The services provided by MightyForms can be used by any person, if the terms of service are respected. We have the right to disable accounts that are suspected of using our Service for illegal activities. You should read these terms and conditions (“Terms”) carefully before using this website and its services. By using our Site or using the Service, you signify that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the website. 

PRIVACY POLICY

MightyForms respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: https://help.mightyforms.com/pricing-privacy-terms/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

We are not liable for losses or costs caused by abnormal and unforeseeable circumstances outside our reasonable control, which would have been unavoidable despite all efforts to the contrary, for example, delays or failures caused by industrial action, problems with another system or network, third-party viruses or malware, mechanical breakdown or data-processing failures. You should also read the terms and conditions of each complementary platform that MightyForms integrates with-if you are using such integrations. 

You may access the main page and information of the Site without registering your details with us. Still, the majority of the functionalities of the Site and proposed Services are available only after your initial free registration and you shall be deemed to have accepted these Terms in full by registering. If you do not accept these Terms, you must leave the Site immediately. We may update the Terms at any time and recommend checking for updates periodically or when notified of such updates by email. Where you have registered for additional services (possibly external) you may also be subject to additional Terms and Conditions imposed by the specificity of the services, which we suggest reading carefully to address your questions.

ABOUT THE SERVICE

The Service allows you to create, customize and publish online forms with multiple design, notifications, sharing, embedding, and integration options. The number of features available are according to the pricing plan selected.  

REGISTRATION; USER CONDUCT AND USE OF THE SERVICE

If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which MightyForms agrees you retain all rights) of the MightyForms Service, use of the MightyForms Service, or access to the MightyForms Service.

FREE ACCOUNT

Users of the Free plan are required to keep a backlink to MightyForms below all their published forms.  We reserve the right to remove or block any account that does not comply with our terms of service. Repeated usage of our forms by Free plan users who remove the link to our site may lead to messages not being delivered until the account is upgraded to a paid plan.

Free accounts are subject to several limitations, including having no API/integration options, no SMS notifications option and only one e-mail notification per form. It is forbidden for users to create more than one account to avoid this limitation. We reserve the right to disable or delete duplicate accounts.

PAYMENTS

We offer four service plans to individuals, small business and large enterprises which you can access the descriptions of at mightyforms.com/pricing. 

 Users who want to create forms with advanced features are required to upgrade accordingly to the plan that includes the desired features. If the subscription payment fails (expired credit card, insufficient money, etc.), you have 14 days to solve the problem; otherwise, the account will be downgraded to a Free membership.

MightyForms reserves the right to change pricing levels and to establish new charges at any time. We will give notice of any pricing changes on the website and by e-mail. Monthly paying users will continue to pay the old price for at least 6 months, while yearly paying users will stay at the same rate for at least 1 year. After that, the new pricing levels will go into effect.

CUSTOM PREMIUM PLANS

Users who prefer to include set-up services and training, or larger business and enterprise solutions, can contact our sales team at [email protected] for a customized plan. MightyForms reserves the right to not accept a custom plan proposed by the user.

SUBSCRIPTION CANCELLATION

When signed up for a paid monthly or yearly plan, you are charged automatically on a monthly or yearly basis using the payment source you have provided. If you do not want to use the paid service anymore, you need to cancel your subscription (from the section My Account>Billing). The recurring payment terminates only when you cancel the subscription. The cancellation will downgrade your account to a free account in 7 days from the date of cancellation, and you can continue to use it, but you will need to comply with the limitations of this service plan.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide comments and/or form templates, here deemed “User Content” to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. 

 You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

By transmitting and submitting any User Content while using the Service, you agree as follows:

·    You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

·    You will not post information that is malicious, libelous, false or inaccurate;

·    You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

·    You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;

·    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

·    You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. 

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.

The Company shall have the right to remove any material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of any misuse of our Service or violation of these Terms of Use, please contact us [email protected].

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links, for integrations or informational purposes, to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

DATA COLLECTED THROUGH FORMS

Form records are private and can be used exclusively by the account owner. MightyForms never discloses the content of form submissions under any circumstance, unless specifically requested by legal state authorities.

The forms you create on our site can be shown, unfilled, to the visitors of our site, in order to offer them a better understanding of the results that can be achieved with the solution we provide. You are invited to recommend our services to any persons who might find them useful.

Any web form or survey created by the end user with the translated versions of the MightyForms framework and products, along with any information gathered through those web forms and surveys, belong to the end user and MightyForms cannot hold ownership over them or be liable for it.

USER’S PERSONAL INFORMATION

MightyForms user accounts do not expire. You can create forms and collect data continuously if you comply with the terms of service. When MightyForms receives a complete account deletion request from a customer, MightyForms will delete the customer data and the collected data from all of its systems within 30 days unless retention obligations apply.

You can access your personal information we hold by looking directly in your My Account section or by contacting us at [email protected]. You can withdraw your consent at any time. Please contact us if you want to do so. If you withdraw your consent, we may not be able to provide certain products or services to you. If this is the case, we will tell you.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [email protected]

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

WARRANTY DISCLAIMER

The service is provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error-free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.


ELECTRONIC SIGNATURE

Electronic signatures are provided "as is" with no express or implied warranty for compliance with state laws. You acknowledge and agree that: (i) You have exclusive control and responsibility for the content of data collected through forms, including any documents used with the Service; and, (ii) certain types of documents, agreements, or contracts may be excluded from general electronic signature laws  (such as wills, trusts, court orders, or agreements related to family law), or may have specific regulations that are applicable to them; and, (iii) You are solely responsible for ensuring that the documents, agreements or contracts used with the Service are appropriate for electronic signatures, and MightyForms is not responsible or liable for any such determination or use; and, (iv) Consumer protection laws or regulations may impose specific requirements for electronic transactions involving consumers, You are solely responsible for ensuring compliance with all such laws/regulations, and MightyForms has no obligations to make such determination or assist with fulfilling any requirements. MightyForms is not responsible for determining the applicable retention policies for documents required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. 


LIMITATION OF DAMAGES; RELEASE

You understand and expressly agree that, to the extent permitted by applicable law, in no event shall the site, the service, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use,  or data, or for any incidental, indirect, special, consequential or exemplary damages,  or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), however arising, that result from: (a) the use, disclosure, or display of your user content; (b) your  (or anyone using your account's) use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with use or with any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

You agree to indemnify, defend, and hold harmless MightyForms, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the MightyForms Service, (b) your (or anyone using your account's) use of the MightyForms Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.

If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

The Site and Service are controlled and offered by MightyForms from its facilities in the United States of America. MightyForms makes no representation that the Site or Service are appropriate or available for use in other locations. Those who access or use the Site or Service from other jurisdictions do so at their own violation and are responsible for compliance with local law. 


ARBITRATION AGREEMENT

PLEASE READ CAREFULLY. IT AFFECTS YOUR RIGHTS. If You are in the United States, including its possessions and territories, You and MightyForms agree that any dispute, claim or controversy arising out of or relating in any way to the Service, these Terms of Use, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral binding arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision shall survive termination of this Agreement and the termination of your account. 

If you elect to seek arbitration, you must first send to MightyForms, by certified mail, a written Notice of your claim ("Notice"). The Notice to MightyForms must be addressed to: MightyForms LLC, Attn: General Counsel, 43 Alpha Park, Cleveland, OH 44143 ("Notice Address").  If MightyForms initiates arbitration, it will send a written Notice to the email address used for your account. You and MightyForms acknowledge and agree that a Notice to the email address used for your account. You and MightyForms acknowledge and agree that a Notice, must (i) describe the nature and basis of the claim or dispute ("Demand"), and (ii) set forth the specific relief sought. If MightyForms and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MightyForms may commence an arbitration proceeding. For your convenience, you may download a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, unless your claims is for greater than $10,000 USD, in which event you will be responsible for filing fees. 

The arbitration will be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Arbitration Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless MightyForms and you agree otherwise, any arbitration hearings will take place in the county of your residence. If your claim is for $10,000 USD or less, MightyForms agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA rules. If your claim exceeds $10,000 USD, the right to a hearing will be determined by the AAA rules, except as otherwise provided in this Arbitration Agreement. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MightyForms' last written settlement offer made before an arbitrator was selected (or if MightyForms did not make a settlement offer before an arbitrator was selected), then MightyForms will pay you the amount of the award or $1,000 USD, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA rules. 

YOU AND MIGHTYFORMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MightyForms agrees otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside overy any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive 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 any provision of this paragraph is determined to be unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or remedy) must remain in court and be severed from any arbitration. 

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR RELATIONSHIP WITH THE COMPANY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Ohio, without regard to conflict of law provisions, and except to the extent preempted by or inconsistent with federal law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Cleveland, Ohio, United States of America, and waive any jursidictional, venue or inconvenient forum objections to such courts for any claim or dispute between You and the Company that arises in whole or in part form the Site or Service. 

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

  

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