Mighty Process Server LLC Privacy Policy
Introduction
This Privacy Policy outlines Mighty Process Server LLC, a subsidiary of Mighty Capital Ventures LLC, ("we", "our", or "the Company"), practices with respect to information collected from users who access our website at www.mightyprocessserver.com ("Site"), subscribe to Mighty Premium, are listed in the Mighty Process Server Directory, or otherwise share personal information with us (collectively, "Users").
This Privacy Policy also incorporates the Mighty Premium Subscription Addendum, which describes how subscription-related information is handled in connection with Mighty Premium.
Grounds for data collection
Processing of your personal information (meaning any information which may potentially allow your identification with reasonable means; hereinafter "Personal Information") is necessary for: The performance of our contractual obligations towards you, including Mighty Premium subscriptions and directory listings; Providing you with our services; Protecting our legitimate interests; and Compliance with legal and financial regulatory obligations to which we are subject.
By using the Site, subscribing to Mighty Premium, or being listed in our Directory, you consent to the collection, storage, use, disclosure, and other uses of your Personal Information as described in this Privacy Policy. We encourage Users to read this Privacy Policy carefully and make informed decisions.
What information we collect
We collect two types of data from Users:
Non-personal Information This is un-identified and non-identifiable information about Users, which may be collected via use of the Site or Subscription. It includes aggregated usage information, technical information from your device such as browser type and operating system, and activity on the Site.
Personal Information
This is identifiable information that may allow us to identify you as an individual, including: Device information such as IP address and approximate geolocation; Registration, subscription, and directory listing information such as name, email address, business name, physical address, billing details, and listing content; Communications and support correspondence.
How we receive information
We receive Personal Information when you voluntarily provide it, when you use the Site or services, and from third-party providers such as payment processors and analytics vendors.
Use of information
We use information to provide and manage services, directory listings, subscriptions, billing, support, communications, marketing subject to opt-out rights, analytics, and legal compliance. We do not sell Personal Information.
Sharing of information
We may share Personal Information with our affiliated and sister companies within the Mighty network, including Mighty Capital Ventures LLC and its subsidiaries, including Mighty Websites, solely for purposes consistent with this Privacy Policy such as hosting, operations, analytics, customer support, service improvement, and delivery of related services.
Where applicable, information may also be used in connection with Mighty Websites products or services, including website design, hosting, or related offerings, which are governed by a separate Mighty Websites Subscription Addendum.
We do not share Personal Information with competing companies or industry competitors.
Directory listings
Information submitted for the Mighty Process Server Directory may be publicly displayed on the Site and indexed by search engines. Directory listings are intended to help attorneys and other legal professionals locate local professional process servers across the United States.
Client lists and promotional references
If you purchase website design, hosting, or related services through Mighty Websites or an affiliated Mighty entity, your business name, logo, website URL, or general description of services may be displayed in a client list, portfolio, case study, or promotional materials for the purpose of showcasing or promoting our customers. Such references are limited to business-related information and do not include sensitive personal data.
If you prefer not to be included in client lists or promotional references, you may request removal by emailing support@mightyprocessserver.com.
Publicly sourced information
In some cases, directory listings may include business contact information, including telephone numbers, business addresses, or service areas, that was obtained from publicly available sources such as Google Business profiles, Yelp, public websites, or similar online directories.
If you believe any information displayed about you or your business is inaccurate, outdated, or published without your permission, you may request removal or correction by emailing support@mightyprocessserver.com. We will make reasonable efforts to review and honor removal requests.
You are responsible for ensuring the accuracy and appropriateness of any information you submit directly. Listings may be modified, suspended, or removed in accordance with our policies.
User rights
You may request access, correction, deletion, restriction, objection, or portability of your Personal Information by contacting support@mightyprocessserver.com
Retention
We retain Personal Information only as long as necessary for service provision, legal compliance, dispute resolution, and enforcement of agreements.
Cookies and analytics
We use session cookies, persistent cookies, and third-party cookies, including Google Analytics, to operate and improve the Site. You may disable cookies, but some features may be limited.
Third party services
This Privacy Policy does not apply to third-party sites or services. Please review their policies separately.
Security
We use reasonable safeguards to protect Personal Information but cannot guarantee absolute security.
International transfers Personal Information may be transferred outside the EEA using legally approved safeguards.
Advertising and marketing We may use third-party advertising technologies. Marketing messages include opt-out options. Administrative communications may still be sent.
Corporate transactions
Personal Information may be transferred in connection with a merger, sale, or asset transaction.
Minors
Our services are not intended for minors. We do not knowingly collect Personal Information from children without parental consent.
Updates
We may update this Privacy Policy periodically. Continued use of the Site constitutes acceptance of updates.
How to contact us Mighty Process Server LLC A subsidiary of Mighty Capital Ventures LLC support@mightyprocessserver.com
Mighty Premium Subscription Addendum
Monthly Subscription Terms for Mighty Premium
Mighty Process Server LLC
Effective Date: Sept 6, 2024
This Mighty Premium Subscription Addendum (the “Addendum”) supplements and forms part of the Mighty Process Server LLC Privacy Policy and any applicable order form, checkout page, or subscription confirmation (collectively, the “Agreement”). This Addendum governs the Mighty Premium monthly subscription offering (“Mighty Premium” or the “Subscription”).
By subscribing to Mighty Premium, checking the acceptance box, or using the Subscription, you acknowledge that you have read, understand, and agree to be bound by this Addendum.
1. Provider and product description
Mighty Premium is offered by Mighty Process Server LLC (“Mighty,” “we,” “us,” or “our”).
Core Subscription Benefit.
The core and primary benefit of Mighty Premium is a directory listing in the Mighty Process Server Directoryhosted on our website (the “Directory Listing”).
All other features, tools, services, access, events, software, education, or community offerings described as bonuses or additional benefits are provided at our discretion and are not part of the guaranteed core Subscription.
2. Pricing and payment terms
2.1 Pricing.
Pricing for Mighty Premium is as agreed at checkout and listed on the applicable order form or checkout page. The order form controls pricing, billing cadence, and any promotional terms.
2.2 Billing cycle.
Mighty Premium is billed on a recurring monthly basis in advance and renews automatically unless canceled prior to the next billing date.
2.3 Payment authorization.
By providing a payment method, you authorize Mighty and its payment processors to charge all applicable subscription fees, taxes, and approved charges associated with your Subscription.
2.4 Taxes.
All fees are exclusive of applicable taxes, which you are responsible for paying unless prohibited by law.
2.5 Failed payments.
If payment cannot be successfully processed, we may retry the charge and may suspend or restrict access to the Subscription until payment is received.
3. Auto-renewal, cancellation, and refunds
3.1 Auto-renewal.
Your Subscription renews automatically each month unless canceled before the next billing date.
3.2 Cancellation.
You may cancel your Mighty Premium Subscription at any time through your account or by contacting support. Cancellation will take effect at the end of the current billing period.
3.3 No refunds.
Except where required by law, subscription fees are non-refundable, and we do not provide prorated refunds for partial billing periods.
4. Bonuses, additional features, and discretionary benefits
4.1 Bonuses are not guaranteed.
In addition to the Directory Listing, Mighty may offer access to certain bonuses, which may include, without limitation:
Mighty Process Server Community
Trainings and educational content
Live events
Group coaching
Mighty Dashboard operational software
Tools, resources, or other features offered from time to time
These bonuses are provided solely as optional, supplemental benefits intended to help process servers succeed.
4.2 Bonuses may be modified or removed.
All bonuses and additional features may be added, modified, suspended, or removed at any time, for any reason or no reason, with or without notice, and do not constitute an obligation of Mighty.
4.3 No entitlement or reliance.
You acknowledge and agree that access to bonuses is not a permanent requirement of Mighty Premium and that continued availability of any bonus is not guaranteed.
4.4 Additional fees for bonuses.
Some bonuses may require additional fees, registrations, or eligibility requirements. Participation in paid or optional bonuses is not required to maintain Mighty Premium membership or to receive the full benefit of your Directory Listing.
5. Acceptable use and directory standards
5.1 Accurate listing information.
You agree to provide accurate, current, and lawful information for your Directory Listing and to update it as necessary.
5.2 Right to remove or suspend listings.
Mighty reserves the right to suspend, edit, or remove any Directory Listing that violates our policies, applicable law, or professional standards, or that we determine, in our sole discretion, is harmful to users or the platform.
5.3 No guarantee of leads or results.
We do not guarantee visibility, leads, business volume, income, or outcomes resulting from your Directory Listing.
6. Privacy and data processing
6.1 Privacy Policy.
Our Privacy Policy governs how we collect, use, and process personal data and is listed above.
6.2 Data use.
By subscribing to Mighty Premium, you acknowledge that your information will be processed in accordance with the Privacy Policy, including for purposes related to directory publication, account management, communications, and service improvement.
6.3 Contact information.
All privacy-related contact information and data processing disclosures are contained in the Privacy Policy.
7. Disclaimers
7.1 As-is services.
MIGHTY PREMIUM AND ALL RELATED SERVICES AND BONUSES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
7.2 No business guarantees.
We make no representations or guarantees regarding business success, compliance outcomes, legal sufficiency, or professional results.
7.3 No legal advice.
Mighty does not provide legal advice. You are responsible for your own compliance with applicable laws and professional obligations.
8. Limitation of liability
To the maximum extent permitted by law:
Mighty shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or goodwill.
Mighty’s total liability arising out of or related to the Subscription shall not exceed the total subscription fees paid by you to Mighty during the three months immediately preceding the event giving rise to the claim.
9. Indemnification
You agree to defend, indemnify, and hold harmless Mighty Process Server LLC and its owners, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:
Your Directory Listing content
Your use of Mighty Premium
Your violation of these terms or applicable law
10. Arbitration and dispute resolution
10.1 Informal resolution.
The parties agree to attempt good-faith informal resolution for at least thirty days before initiating formal proceedings.
10.2 Binding arbitration.
Any dispute arising out of or relating to Mighty Premium or this Addendum shall be resolved by binding arbitration.
10.3 Location.
Arbitration shall take place in Orange County, Florida, as the location closest to Mighty’s official address.
10.4 Class action waiver.
Disputes must be brought on an individual basis only. Class, collective, or representative actions are not permitted to the maximum extent allowed by law.
11. Governing law
This Addendum is governed by the laws of the State of Florida, without regard to conflict of law principles.
12. Miscellaneous
This Addendum forms part of the overall Agreement between you and Mighty.
If any provision is held unenforceable, the remaining provisions remain in effect.
Mighty may update this Addendum from time to time, with updates effective upon posting.
Mighty Website Subscription Addendum
This Mighty Websites Subscription Agreement ("Agreement") governs website design, development, hosting, maintenance, and related services provided by Mighty Websites, an affiliated brand and service offering of Mighty Process Server LLC, a subsidiary of Mighty Capital Ventures LLC (collectively, "Mighty," "we," "us," or "our").
By purchasing, accessing, or using Mighty Websites services, you ("Client," "you," or "your") agree to be bound by this Agreement.
1. Services Overview
Mighty Websites provides professional website design, development, hosting, search engine optimization strategy ("SEO"), and related ongoing services offered on a subscription basis (the "Services").
The Services are designed as an integrated offering combining:
* An initial website setup and launch
* Ongoing hosting and technical maintenance
* Continued SEO strategy support and operational enhancements
2. Setup Fee and Value Disclosure
2.1 Setup Fee
Client agrees to pay a one-time setup fee, currently offered at approximately $1,000, as specified on the applicable order form or checkout page.
2.2 Value of Work
Client acknowledges and agrees that:
* The website design, structure, and SEO strategy provided as part of the Services have an estimated market value of approximately $10,000.
* The setup fee does not constitute payment for ownership or transfer of design rights.
* The setup fee covers only the labor and configuration necessary to deploy the website within the Mighty hosting environment.
2.3 No Sale of Design at Setup
The setup fee does not purchase, transfer, or assign any ownership interest, intellectual property rights, or design rights in the website, codebase, layout, or SEO strategy.
3. Subscription Fees and Ongoing Services
3.1 Subscription Requirement
Client must maintain an active monthly subscription in order to continue using, hosting, and benefiting from the website and related Services.
3.2 Service Plans
Mighty Websites offers multiple website subscription plans. Each plan includes different levels of services, features, support, and bonuses. Higher-tier plans provide access to additional services and features as disclosed at checkout or in the applicable order form.
3.3 No Guaranteed Features or Bonuses
Client acknowledges and agrees that:
* Features, services, tools, integrations, and bonuses may vary by plan.
* Any additional features or bonuses are provided on an optional and discretionary basis.
* Mighty may add, modify, suspend, or remove features or bonuses at any time, with or without notice.
* No feature or bonus beyond core hosting and access to the website is guaranteed unless expressly stated in writing.
3.4 Pricing
Monthly subscription fees vary based on the selected plan and services and are disclosed at checkout or in an order form.
3.5 Billing and Renewal
Subscription fees are billed monthly in advance and renew automatically unless canceled in accordance with this Agreement.
3.6 Non-Payment
Failure to pay subscription fees may result in suspension or termination of Services, including website downtime or removal.
Failure to pay subscription fees may result in suspension or termination of Services, including website downtime or removal.
4. Hosting and Platform Dependency
4.1 Exclusive Hosting
Websites developed under this Agreement are designed to operate within Mighty’s hosting environment.
4.2 No Right to Transfer by Default
Client has no right to transfer, export, or migrate the website, design, code, or SEO assets to another hosting provider unless and until a design buyout is approved and paid in full.
5. Design Ownership and Intellectual Property
5.1 Ownership
All website designs, templates, layouts, code, workflows, SEO strategies, and related materials (collectively, "Design Assets") remain the exclusive property of Mighty unless expressly transferred in writing.
5.2 License to Client
While the subscription remains active, Mighty grants Client a limited, non-exclusive, non-transferable, revocable license to use the website solely within the Mighty hosting environment.
5.3 Termination of License
Upon cancellation or termination of the subscription, the license granted to Client immediately terminates.
6. Design Buyout and Transfer Requests
6.1 Buyout Requests
If Client wishes to transfer the website or any Design Assets to another hosting provider, Client must submit a written buyout request.
6.2 Buyout Pricing and Discretion
Client expressly acknowledges and agrees that:
* All Design Assets have a market value substantially greater than the setup fee.
* Any buyout fee is determined solely at the discretion of the President of Mighty Process Server LLC, Michael Reid.
* The buyout fee may be set at the full estimated market value of the Design Assets, currently estimated at approximately $10,000, or any other amount Mighty determines appropriate.
* A reduced buyout fee may be offered to long-standing customers solely at Mighty’s discretion and is not guaranteed.
6.3 No Obligation to Sell
Mighty has no obligation to approve, offer, or complete any design buyout. Mighty may refuse to sell, license, or transfer Design Assets for any reason or no reason, including a decision to retain or reuse the Design Assets for other projects.
6.4 No Implied Rights
No rights, licenses, or ownership interests are granted or implied by the setup fee, subscription payments, or any communications unless expressly stated in a written buyout agreement executed by Mighty.
6.5 Effect of Buyout
Only upon full payment of an approved buyout fee and execution of a written transfer or license agreement will any Design Assets be transferred. Any transfer will be limited to the specific assets identified in writing.
7. SEO and Performance Disclaimers
7.1 No Guaranteed Results
Client acknowledges that SEO outcomes, rankings, traffic, and conversions are not guaranteed.
7.2 Third-Party Dependencies
Search engine algorithms and platform rules are controlled by third parties. Mighty is not responsible for changes beyond its control.
8. Client Responsibilities
Client agrees to provide accurate content and maintain all rights to materials supplied.
Content Ownership
Client retains ownership of text, logos, images, and other materials Client provides. Mighty does not reuse Client-provided content or identifying information if Design Assets are repurposed for other customers.
9. Acceptable Use
Client may not:
* Copy, replicate, or recreate Design Assets or SEO architecture outside the Services.
* Engage third parties to reverse engineer or imitate the design, structure, or strategy.
* Use the website for unlawful, deceptive, or abusive activities.
Client may not:
* Reverse engineer, copy, or reuse Design Assets outside the Services.
* Permit third parties to access or modify the website without authorization.
* Use the website for unlawful, deceptive, or harmful activities.
This Mighty Websites Subscription Agreement ("Agreement") governs website design, development, hosting, maintenance, and related services provided by Mighty Websites, an affiliated brand and service offering of Mighty Process Server LLC, a subsidiary of Mighty Capital Ventures LLC (collectively, "Mighty," "we," "us," or "our").
By purchasing, accessing, or using Mighty Websites services, you ("Client," "you," or "your") agree to be bound by this Agreement.
1. Services Overview
Mighty Websites provides professional website design, development, hosting, search engine optimization strategy ("SEO"), and related ongoing services offered on a subscription basis (the "Services").
The Services are designed as an integrated offering combining:
* An initial website setup and launch
* Ongoing hosting and technical maintenance
* Continued SEO strategy support and operational enhancements
2. Setup Fee and Value Disclosure
2.1 Setup Fee
Client agrees to pay a one-time setup fee, currently offered at approximately $1,000, as specified on the applicable order form or checkout page.
2.2 Value of Work
Client acknowledges and agrees that:
* The website design, structure, and SEO strategy provided as part of the Services have an estimated market value of approximately $10,000.
* The setup fee does not constitute payment for ownership or transfer of design rights.
* The setup fee covers only the labor and configuration necessary to deploy the website within the Mighty hosting environment.
Mighty Websites Subscription Agreement
This Mighty Websites Subscription Agreement ("Agreement") governs website design, development, hosting, maintenance, and related services provided by Mighty Websites, an affiliated brand and service offering of Mighty Process Server LLC, a subsidiary of Mighty Capital Ventures LLC (collectively, "Mighty," "we," "us," or "our").
By purchasing, accessing, or using Mighty Websites services, you ("Client," "you," or "your") agree to be bound by this Agreement.
1. Services Overview
Mighty Websites provides professional website design, development, hosting, search engine optimization strategy ("SEO"), and related ongoing services offered on a subscription basis (the "Services").
The Services are designed as an integrated offering combining:
* An initial website setup and launch
* Ongoing hosting and technical maintenance
* Continued SEO strategy support and operational enhancements
2. Setup Fee and Value Disclosure
2.1 Setup Fee
Client agrees to pay a one-time setup fee, currently offered at approximately $1,000, as specified on the applicable order form or checkout page.
2.2 Value of Work
Client acknowledges and agrees that:
* The website design, structure, and SEO strategy provided as part of the Services have an estimated market value of approximately $10,000.
* The setup fee does not constitute payment for ownership or transfer of design rights.
* The setup fee covers only the labor and configuration necessary to deploy the website within the Mighty hosting environment.
2.3 No Sale of Design at Setup
The setup fee does not purchase, transfer, or assign any ownership interest, intellectual property rights, or design rights in the website, codebase, layout, or SEO strategy.
3. Subscription Fees and Ongoing Services
3.1 Subscription Requirement
Client must maintain an active monthly subscription in order to continue using, hosting, and benefiting from the website and related Services.
3.2 Service Plans
Mighty Websites offers multiple website subscription plans. Each plan includes different levels of services, features, support, and bonuses. Higher-tier plans provide access to additional services and features as disclosed at checkout or in the applicable order form.
3.3 No Guaranteed Features or Bonuses
Client acknowledges and agrees that:
* Features, services, tools, integrations, and bonuses may vary by plan.
* Any additional features or bonuses are provided on an optional and discretionary basis.
* Mighty may add, modify, suspend, or remove features or bonuses at any time, with or without notice.
* No feature or bonus beyond core hosting and access to the website is guaranteed unless expressly stated in writing.
3.4 Pricing
Monthly subscription fees vary based on the selected plan and services and are disclosed at checkout or in an order form.
3.5 Billing and Renewal
Subscription fees are billed monthly in advance and renew automatically unless canceled in accordance with this Agreement.
3.6 Non-Payment
Failure to pay subscription fees may result in suspension or termination of Services, including website downtime or removal.
Failure to pay subscription fees may result in suspension or termination of Services, including website downtime or removal.
4. Hosting and Platform Dependency
4.1 Exclusive Hosting
Websites developed under this Agreement are designed to operate within Mighty’s hosting environment.
4.2 No Right to Transfer by Default
Client has no right to transfer, export, or migrate the website, design, code, or SEO assets to another hosting provider unless and until a design buyout is approved and paid in full.
5. Design Ownership and Intellectual Property
5.1 Ownership
All website designs, templates, layouts, code, workflows, SEO strategies, and related materials (collectively, "Design Assets") remain the exclusive property of Mighty unless expressly transferred in writing.
5.2 License to Client
While the subscription remains active, Mighty grants Client a limited, non-exclusive, non-transferable, revocable license to use the website solely within the Mighty hosting environment.
5.3 Termination of License
Upon cancellation or termination of the subscription, the license granted to Client immediately terminates.
6. Design Buyout and Transfer Requests
6.1 Buyout Requests
If Client wishes to transfer the website or any Design Assets to another hosting provider, Client must submit a written buyout request.
6.2 Buyout Pricing and Discretion
Client expressly acknowledges and agrees that:
* All Design Assets have a market value substantially greater than the setup fee.
* Any buyout fee is determined solely at the discretion of the President of Mighty Process Server LLC, Michael Reid.
* The buyout fee may be set at the full estimated market value of the Design Assets, currently estimated at approximately $10,000, or any other amount Mighty determines appropriate.
* A reduced buyout fee may be offered to long-standing customers solely at Mighty’s discretion and is not guaranteed.
6.3 No Obligation to Sell
Mighty has no obligation to approve, offer, or complete any design buyout. Mighty may refuse to sell, license, or transfer Design Assets for any reason or no reason, including a decision to retain or reuse the Design Assets for other projects.
6.4 No Implied Rights
No rights, licenses, or ownership interests are granted or implied by the setup fee, subscription payments, or any communications unless expressly stated in a written buyout agreement executed by Mighty.
6.5 Effect of Buyout
Only upon full payment of an approved buyout fee and execution of a written transfer or license agreement will any Design Assets be transferred. Any transfer will be limited to the specific assets identified in writing.
7. SEO and Performance Disclaimers
7.1 No Guaranteed Results
Client acknowledges that SEO outcomes, rankings, traffic, and conversions are not guaranteed.
7.2 Third-Party Dependencies
Search engine algorithms and platform rules are controlled by third parties. Mighty is not responsible for changes beyond its control.
8. Client Responsibilities
Client agrees to provide accurate content and maintain all rights to materials supplied.
Content Ownership
Client retains ownership of text, logos, images, and other materials Client provides. Mighty does not reuse Client-provided content or identifying information if Design Assets are repurposed for other customers.
9. Acceptable Use
Client may not:
* Copy, replicate, or recreate Design Assets or SEO architecture outside the Services.
* Engage third parties to reverse engineer or imitate the design, structure, or strategy.
* Use the website for unlawful, deceptive, or abusive activities.
Client may not:
* Reverse engineer, copy, or reuse Design Assets outside the Services.
* Permit third parties to access or modify the website without authorization.
* Use the website for unlawful, deceptive, or harmful activities.
10. Suspension and Termination
10.1 Termination by Client
Client may cancel the subscription in accordance with billing terms. Cancellation does not entitle Client to refunds or design ownership.
10.2 Termination by Mighty
Mighty may suspend or terminate Services immediately for non-payment, breach of this Agreement, legal or regulatory risk, misuse of Services, or operational necessity.
10.3 Effect of Termination
Upon termination or cancellation:
* Website access and hosting may be disabled.
* All licenses granted to Client terminate immediately.
* Design Assets remain the exclusive property of Mighty.
* Reactivation of Services will require payment of a new setup fee at Mighty’s then-current rates.
11. Data Retention and Reactivation
Mighty Websites Subscription Agreement
This Mighty Websites Subscription Agreement ("Agreement") governs website design, development, hosting, maintenance, and related services provided by Mighty Websites, an affiliated brand and service offering of Mighty Process Server LLC, a subsidiary of Mighty Capital Ventures LLC (collectively, "Mighty," "we," "us," or "our").
y purchasing, accessing, or using Mighty Websites services, you ("Client," "you," or "your") agree to be bound by this Agreement.
. Services Overview
Mighty Websites provides professional website design, development, hosting, search engine optimization strategy ("SEO"), and related ongoing services offered on a subscription basis (the "Services").
he Services are designed as an integrated offering combining:
An initial website setup and launch
* Ongoing hosting and technical maintenance
* Continued SEO strategy support and operational enhancements
. Setup Fee and Value Disclosure
2.1 Setup Fee
Client agrees to pay a one-time setup fee, currently offered at approximately $1,000, as specified on the applicable order form or checkout page.
.2 Value of Work
Client acknowledges and agrees that:
The website design, structure, and SEO strategy provided as part of the Services have an estimated market value of approximately $10,000.
* The setup fee does not constitute payment for ownership or transfer of design rights.
* The setup fee covers only the labor and configuration necessary to deploy the website within the Mighty hosting environment.
.3 No Sale of Design at Setup
The setup fee does not purchase, transfer, or assign any ownership interest, intellectual property rights, or design rights in the website, codebase, layout, or SEO strategy.
3. Subscription Fees and Ongoing Services
3.1 Subscription Requirement
Client must maintain an active monthly subscription in order to continue using, hosting, and benefiting from the website and related Services.
3.2 Service Plans
Mighty Websites offers multiple website subscription plans. Each plan includes different levels of services, features, support, and bonuses. Higher-tier plans provide access to additional services and features as disclosed at checkout or in the applicable order form.
3.3 No Guaranteed Features or Bonuses
Client acknowledges and agrees that:
* Features, services, tools, integrations, and bonuses may vary by plan.
* Any additional features or bonuses are provided on an optional and discretionary basis.
* Mighty may add, modify, suspend, or remove features or bonuses at any time, with or without notice.
* No feature or bonus beyond core hosting and access to the website is guaranteed unless expressly stated in writing.
3.4 Pricing
Monthly subscription fees vary based on the selected plan and services and are disclosed at checkout or in an order form.
3.5 Billing and Renewal
Subscription fees are billed monthly in advance and renew automatically unless canceled in accordance with this Agreement.
3.6 Non-Payment
Failure to pay subscription fees may result in suspension or termination of Services, including website downtime or removal.
Failure to pay subscription fees may result in suspension or termination of Services, including website downtime or removal.
4. Hosting and Platform Dependency
4.1 Exclusive Hosting
Websites developed under this Agreement are designed to operate within Mighty’s hosting environment.
4.2 No Right to Transfer by Default
Client has no right to transfer, export, or migrate the website, design, code, or SEO assets to another hosting provider unless and until a design buyout is approved and paid in full.
5. Design Ownership and Intellectual Property
5.1 Ownership
All website designs, templates, layouts, code, workflows, SEO strategies, and related materials (collectively, "Design Assets") remain the exclusive property of Mighty unless expressly transferred in writing.
5.2 License to Client
While the subscription remains active, Mighty grants Client a limited, non-exclusive, non-transferable, revocable license to use the website solely within the Mighty hosting environment.
5.3 Termination of License
Upon cancellation or termination of the subscription, the license granted to Client immediately terminates.
6. Design Buyout and Transfer Requests
6.1 Buyout Requests
If Client wishes to transfer the website or any Design Assets to another hosting provider, Client must submit a written buyout request.
6.2 Buyout Pricing and Discretion
Client expressly acknowledges and agrees that:
* All Design Assets have a market value substantially greater than the setup fee.
* Any buyout fee is determined solely at the discretion of the President of Mighty Process Server LLC, Michael Reid.
* The buyout fee may be set at the full estimated market value of the Design Assets, currently estimated at approximately $10,000, or any other amount Mighty determines appropriate.
* A reduced buyout fee may be offered to long-standing customers solely at Mighty’s discretion and is not guaranteed.
6.3 No Obligation to Sell
Mighty has no obligation to approve, offer, or complete any design buyout. Mighty may refuse to sell, license, or transfer Design Assets for any reason or no reason, including a decision to retain or reuse the Design Assets for other projects.
6.4 No Implied Rights
No rights, licenses, or ownership interests are granted or implied by the setup fee, subscription payments, or any communications unless expressly stated in a written buyout agreement executed by Mighty.
6.5 Effect of Buyout
Only upon full payment of an approved buyout fee and execution of a written transfer or license agreement will any Design Assets be transferred. Any transfer will be limited to the specific assets identified in writing.
7. SEO and Performance Disclaimers
7.1 No Guaranteed Results
Client acknowledges that SEO outcomes, rankings, traffic, and conversions are not guaranteed.
7.2 Third-Party Dependencies
Search engine algorithms and platform rules are controlled by third parties. Mighty is not responsible for changes beyond its control.
8. Client Responsibilities
Client agrees to provide accurate content and maintain all rights to materials supplied.
Content Ownership
Client retains ownership of text, logos, images, and other materials Client provides. Mighty does not reuse Client-provided content or identifying information if Design Assets are repurposed for other customers.
9. Acceptable Use
Client may not:
* Copy, replicate, or recreate Design Assets or SEO architecture outside the Services.
* Engage third parties to reverse engineer or imitate the design, structure, or strategy.
* Use the website for unlawful, deceptive, or abusive activities.
Client may not:
* Reverse engineer, copy, or reuse Design Assets outside the Services.
* Permit third parties to access or modify the website without authorization.
* Use the website for unlawful, deceptive, or harmful activities.
10. Suspension and Termination
10.1 Termination by Client
Client may cancel the subscription in accordance with billing terms. Cancellation does not entitle Client to refunds or design ownership.
10.2 Termination by Mighty
Mighty may suspend or terminate Services immediately for non-payment, breach of this Agreement, legal or regulatory risk, misuse of Services, or operational necessity.
10.3 Effect of Termination
Upon termination or cancellation:
* Website access and hosting may be disabled.
* All licenses granted to Client terminate immediately.
* Design Assets remain the exclusive property of Mighty.
* Reactivation of Services will require payment of a new setup fee at Mighty’s then-current rates.
11. Data Retention and Reactivation
11.1 Data Retention
Mighty may retain website data, content, and related records for up to five (5) years following cancellation or termination for legal, backup, audit, and dispute-resolution purposes.
11.2 Data Deletion
After the retention period, Mighty may permanently delete data without notice. Data restoration is not guaranteed.
11.3 Reactivation
If Client later reactivates Services, a new setup fee will apply, and prior configurations, designs, or content may not be restored.
12. Confidentiality
Each party agrees to protect confidential information received from the other.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
13. Limitation of Liability
MIGHTY’S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE THREE MONTHS PRECEDING THE CLAIM.
14. Indemnification
Client agrees to indemnify and hold harmless Mighty from claims arising from Client’s use of the Services or content.
15. Governing Law and Arbitration
This Agreement is governed by Florida law. Disputes shall be resolved by binding arbitration in Orange County, Florida.
16. Notices and Updates
16.1 Notices
Client agrees that the email address used at signup or associated with the Client account is the primary method for receiving notices related to this Agreement, including changes to services, features, pricing, benefits, or policies.
Client is responsible for keeping the account email address current and monitored. Notices are deemed received when sent.
16.2 Updates
Mighty may update this Agreement, service plans, features, or benefits from time to time. Continued use of the Services after notice constitutes acceptance of the changes.
17. Entire Agreement
This Agreement constitutes the entire agreement regarding Mighty Websites services and supersedes prior discussions.
Mighty may retain website data, content, and related records for up to five (5) years following cancellation or termination for legal, backup, audit, and dispute-resolution purposes.
11.2 Data Deletion
After the retention period, Mighty may permanently delete data without notice. Data restoration is not guaranteed.
11.3 Reactivation
If Client later reactivates Services, a new setup fee will apply, and prior configurations, designs, or content may not be restored.
12. Confidentiality
Each party agrees to protect confidential information received from the other.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
13. Limitation of Liability
MIGHTY’S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE THREE MONTHS PRECEDING THE CLAIM.
14. Indemnification
Client agrees to indemnify and hold harmless Mighty from claims arising from Client’s use of the Services or content.
15. Governing Law and Arbitration
This Agreement is governed by Florida law. Disputes shall be resolved by binding arbitration in Orange County, Florida.
16. Notices and Updates
16.1 Notices
Client agrees that the email address used at signup or associated with the Client account is the primary method for receiving notices related to this Agreement, including changes to services, features, pricing, benefits, or policies.
Client is responsible for keeping the account email address current and monitored. Notices are deemed received when sent.
16.2 Updates
Mighty may update this Agreement, service plans, features, or benefits from time to time. Continued use of the Services after notice constitutes acceptance of the changes.
17. Entire Agreement
This Agreement constitutes the entire agreement regarding Mighty Websites services and supersedes prior discussions.
The setup fee does not purchase, transfer, or assign any ownership interest, intellectual property rights, or design rights in the website, codebase, layout, or SEO strategy.
3. Subscription Fees and Ongoing Services
3.1 Subscription Requirement
Client must maintain an active monthly subscription in order to continue using, hosting, and benefiting from the website and related Services.
3.2 Service Plans
Mighty Websites offers multiple website subscription plans. Each plan includes different levels of services, features, support, and bonuses. Higher-tier plans provide access to additional services and features as disclosed at checkout or in the applicable order form.
3.3 No Guaranteed Features or Bonuses
Client acknowledges and agrees that:
* Features, services, tools, integrations, and bonuses may vary by plan.
* Any additional features or bonuses are provided on an optional and discretionary basis.
* Mighty may add, modify, suspend, or remove features or bonuses at any time, with or without notice.
* No feature or bonus beyond core hosting and access to the website is guaranteed unless expressly stated in writing.
3.4 Pricing
Monthly subscription fees vary based on the selected plan and services and are disclosed at checkout or in an order form.
3.5 Billing and Renewal
Subscription fees are billed monthly in advance and renew automatically unless canceled in accordance with this Agreement.
3.6 Non-Payment
Failure to pay subscription fees may result in suspension or termination of Services, including website downtime or removal.
Failure to pay subscription fees may result in suspension or termination of Services, including website downtime or removal.
4. Hosting and Platform Dependency
4.1 Exclusive Hosting
Websites developed under this Agreement are designed to operate within Mighty’s hosting environment.
4.2 No Right to Transfer by Default
Client has no right to transfer, export, or migrate the website, design, code, or SEO assets to another hosting provider unless and until a design buyout is approved and paid in full.
5. Design Ownership and Intellectual Property
5.1 Ownership
All website designs, templates, layouts, code, workflows, SEO strategies, and related materials (collectively, "Design Assets") remain the exclusive property of Mighty unless expressly transferred in writing.
5.2 License to Client
While the subscription remains active, Mighty grants Client a limited, non-exclusive, non-transferable, revocable license to use the website solely within the Mighty hosting environment.
5.3 Termination of License
Upon cancellation or termination of the subscription, the license granted to Client immediately terminates.
6. Design Buyout and Transfer Requests
6.1 Buyout Requests
If Client wishes to transfer the website or any Design Assets to another hosting provider, Client must submit a written buyout request.
6.2 Buyout Pricing and Discretion
Client expressly acknowledges and agrees that:
* All Design Assets have a market value substantially greater than the setup fee.
* Any buyout fee is determined solely at the discretion of the President of Mighty Process Server LLC, Michael Reid.
* The buyout fee may be set at the full estimated market value of the Design Assets, currently estimated at approximately $10,000, or any other amount Mighty determines appropriate.
* A reduced buyout fee may be offered to long-standing customers solely at Mighty’s discretion and is not guaranteed.
6.3 No Obligation to Sell
Mighty has no obligation to approve, offer, or complete any design buyout. Mighty may refuse to sell, license, or transfer Design Assets for any reason or no reason, including a decision to retain or reuse the Design Assets for other projects.
6.4 No Implied Rights
No rights, licenses, or ownership interests are granted or implied by the setup fee, subscription payments, or any communications unless expressly stated in a written buyout agreement executed by Mighty.
6.5 Effect of Buyout
Only upon full payment of an approved buyout fee and execution of a written transfer or license agreement will any Design Assets be transferred. Any transfer will be limited to the specific assets identified in writing.
7. SEO and Performance Disclaimers
7.1 No Guaranteed Results
Client acknowledges that SEO outcomes, rankings, traffic, and conversions are not guaranteed.
7.2 Third-Party Dependencies
Search engine algorithms and platform rules are controlled by third parties. Mighty is not responsible for changes beyond its control.
8. Client Responsibilities
Client agrees to provide accurate content and maintain all rights to materials supplied.
Content Ownership
Client retains ownership of text, logos, images, and other materials Client provides. Mighty does not reuse Client-provided content or identifying information if Design Assets are repurposed for other customers.
9. Acceptable Use
Client may not:
* Copy, replicate, or recreate Design Assets or SEO architecture outside the Services.
* Engage third parties to reverse engineer or imitate the design, structure, or strategy.
* Use the website for unlawful, deceptive, or abusive activities.
Client may not:
* Reverse engineer, copy, or reuse Design Assets outside the Services.
* Permit third parties to access or modify the website without authorization.
* Use the website for unlawful, deceptive, or harmful activities.
10. Suspension and Termination
10.1 Termination by Client
Client may cancel the subscription in accordance with billing terms. Cancellation does not entitle Client to refunds or design ownership.
10.2 Termination by Mighty
Mighty may suspend or terminate Services immediately for non-payment, breach of this Agreement, legal or regulatory risk, misuse of Services, or operational necessity.
10.3 Effect of Termination
Upon termination or cancellation:
* Website access and hosting may be disabled.
* All licenses granted to Client terminate immediately.
* Design Assets remain the exclusive property of Mighty.
* Reactivation of Services will require payment of a new setup fee at Mighty’s then-current rates.
11. Data Retention and Reactivation
11.1 Data Retention
Mighty may retain website data, content, and related records for up to five (5) years following cancellation or termination for legal, backup, audit, and dispute-resolution purposes.
11.2 Data Deletion
After the retention period, Mighty may permanently delete data without notice. Data restoration is not guaranteed.
11.3 Reactivation
If Client later reactivates Services, a new setup fee will apply, and prior configurations, designs, or content may not be restored.
12. Confidentiality
Each party agrees to protect confidential information received from the other.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
13. Limitation of Liability
MIGHTY’S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE THREE MONTHS PRECEDING THE CLAIM.
14. Indemnification
Client agrees to indemnify and hold harmless Mighty from claims arising from Client’s use of the Services or content.
15. Governing Law and Arbitration
This Agreement is governed by Florida law. Disputes shall be resolved by binding arbitration in Orange County, Florida.
16. Notices and Updates
16.1 Notices
Client agrees that the email address used at signup or associated with the Client account is the primary method for receiving notices related to this Agreement, including changes to services, features, pricing, benefits, or policies.
Client is responsible for keeping the account email address current and monitored. Notices are deemed received when sent.
16.2 Updates
Mighty may update this Agreement, service plans, features, or benefits from time to time. Continued use of the Services after notice constitutes acceptance of the changes.
17. Entire Agreement
This Agreement constitutes the entire agreement regarding Mighty Websites services and supersedes prior discussions.
Effective Date: [Insert date]
10.1 Termination by Client
Client may cancel the subscription in accordance with billing terms. Cancellation does not entitle Client to refunds or design ownership.
10.2 Termination by Mighty
Mighty may suspend or terminate Services immediately for non-payment, breach of this Agreement, legal or regulatory risk, misuse of Services, or operational necessity.
10.3 Effect of Termination
Upon termination or cancellation:
* Website access and hosting may be disabled.
* All licenses granted to Client terminate immediately.
* Design Assets remain the exclusive property of Mighty.
* Reactivation of Services will require payment of a new setup fee at Mighty’s then-current rates.
11. Data Retention and Reactivation
11.1 Data Retention
Mighty may retain website data, content, and related records for up to five (5) years following cancellation or termination for legal, backup, audit, and dispute-resolution purposes.
11.2 Data Deletion
After the retention period, Mighty may permanently delete data without notice. Data restoration is not guaranteed.
11.3 Reactivation
If Client later reactivates Services, a new setup fee will apply, and prior configurations, designs, or content may not be restored.
12. Confidentiality
Each party agrees to protect confidential information received from the other.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
13. Limitation of Liability
MIGHTY’S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE THREE MONTHS PRECEDING THE CLAIM.
14. Indemnification
Client agrees to indemnify and hold harmless Mighty from claims arising from Client’s use of the Services or content.
15. Governing Law and Arbitration
This Agreement is governed by Florida law. Disputes shall be resolved by binding arbitration in Orange County, Florida.
16. Notices and Updates
16.1 Notices
Client agrees that the email address used at signup or associated with the Client account is the primary method for receiving notices related to this Agreement, including changes to services, features, pricing, benefits, or policies.
Client is responsible for keeping the account email address current and monitored. Notices are deemed received when sent.
16.2 Updates
Mighty may update this Agreement, service plans, features, or benefits from time to time. Continued use of the Services after notice constitutes acceptance of the changes.
17. Entire Agreement
This Agreement constitutes the entire agreement regarding Mighty Websites services and supersedes prior discussions.
Effective Date: [Insert date]