Mighty Travels/ Mighty Media Terms of Use

Posted on January 1, 2019 by in Mighty Travels Premium

Mighty Travels/ Mighty Media provides a personalized subscription service that allows our members to access airfares and other related travel deals.

You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

As used in these Terms of Use, “Mighty Travels/ Mighty Media service”, “our service” or “the service” means the personalized service provided by Mighty Travels/ Mighty Media for discovering and watching Mighty Travels/ Mighty Media content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

Membership

Your Mighty Travels/ Mighty Media membership will continue month-to-month or year-to-year and automatically renew until terminated. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method (see “Cancellation” below).

We may offer a number of membership plans in conjunction with third party affiliates. We are not responsible for any errors or omissions by advertising provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

Free Trials

Your Mighty Travels/ Mighty Media membership may start with a free trial. The free trial period of your membership lasts for 30 days, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.

Free trial eligibility is determined by Mighty Travels/ Mighty Media at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Mighty Travels/ Mighty Media membership to determine eligibility. For combinations with other offers, restrictions may apply.

We will charge your Payment Method for your monthly/yearly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period.

Billing and Cancellation

The membership fee for the Mighty Travels/ Mighty Media service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly/yearly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment.

In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

To use the Mighty Travels/ Mighty Media service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Profile” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

You can cancel your Mighty Travels/ Mighty Media membership at any time (“Immediate Cancellation”). We do not provide refunds or credits for any partial-month membership periods. To cancel email premium – at – mightytravels.com. If you cancel your membership, your account will close immediately.

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

Payments are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Service Agreement

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Mighty Travels/ Mighty Media service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

The Mighty Travels/ Mighty Media service is for your personal and non-commercial use only and may not be shared with individuals or other legal entities. During your Mighty Travels/ Mighty Media membership, we grant you a limited, non-exclusive, non-transferable right to access the Mighty Travels/ Mighty Media service and view Mighty Travels/ Mighty Media content through the service. Except for the foregoing, no right, title or interest shall be transferred to you.

Passwords and Account Access. The member who created the Mighty Travels/ Mighty Media account and whose Payment Method is charged (the “Account Owner”) has access and control over the Mighty Travels/ Mighty Media account and the Mighty Travels/ Mighty Media ready devices that are used to access our service and is responsible for any activity that occurs through the Mighty Travels/ Mighty Media account.

Disclaimers of Warranties and Limitations on Liability

THE Mighty Travels/ Mighty Media SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Mighty Travels/ Mighty Media SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Mighty Travels/ Mighty Media DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Mighty Travels/ Mighty Media SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Mighty Travels/ Mighty Media, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

Arbitration Agreement

If you are a Mighty Travels/ Mighty Media member in the United States (including its possessions and territories), you and Mighty Travels/ Mighty Media agree that any dispute, claim or controversy arising out of or relating in any way to the Mighty Travels/ Mighty Media service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court.

 

Arbitration uses a neutral 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 and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Mighty Travels/ Mighty Media are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Mighty Travels/ Mighty Media membership.

If you elect to seek arbitration or file a small claim court action, you must first send to Mighty Travels/ Mighty Media, by email to premium – at mightytravels.com. If Mighty Travels/ Mighty Media initiates arbitration, it will send a written Notice to the email address used.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Mighty Travels/ Mighty Media may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Mighty Travels/ Mighty Media service.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.