MIGHTY OAK SUPPLY CO.

 

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Mighty Oak Supply Co. (“Mighty Oak,” “we,” “us,” or “our”), governing your access to and use of mightyoaksupply.com (the “Site”) and all related services, including purchases made through third-party marketplaces where our products are sold (collectively, the “Services”).

By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Services.

We may update these Terms at any time by posting the revised version on the Site and updating the Effective Date above. Material changes will be communicated via email or a prominent Site notice where required by law. Your continued use of the Services after any update constitutes acceptance of the revised Terms.

2. Eligibility

By using the Services, you represent and warrant that:

•       You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.

•       If you are using the Services on behalf of a business or other entity, you have the authority to bind that entity to these Terms.

•       You will comply with all applicable local, state, national, and international laws and regulations.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we reasonably believe a user has violated these Terms or applicable law.

3. Products and Pricing

3.1 Product Descriptions

We make reasonable efforts to display product descriptions, images, and specifications as accurately as possible. However, we do not guarantee that colors, dimensions, or other details shown on the Site will exactly match the physical product due to variations in monitors, photography, and manufacturing. Minor variations are not considered defects.

3.2 Pricing

All prices are listed in U.S. dollars and are subject to change without prior notice. We are not responsible for typographical or system errors in pricing. In the event of a pricing error, we reserve the right to cancel the order and issue a full refund, or contact you with the correct price before processing.

3.3 Product Availability

All products are subject to availability. We reserve the right to limit quantities, discontinue products, or restrict sales to any person, geographic region, or jurisdiction at our sole discretion.

4. Orders and Payment

4.1 Order Acceptance

Placing an order through the Site constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including suspected fraud, reseller activity, or inventory limitations. An order is not binding until we send an order confirmation.

4.2 Payment

You agree to provide current, complete, and accurate billing and payment information. All payments are processed through secure, PCI-compliant third-party payment processors. We do not store your full credit card information on our servers.

4.3 Account Information

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us immediately of any unauthorized access or use of your account.

5. Shipping, Returns, and Refunds

Shipping timelines are estimates and not guarantees. We are not liable for delays caused by carriers, weather, customs, or other circumstances beyond our control.

Our return and refund policy is available at mightyoaksupply.com/policies/refund-policy and is incorporated into these Terms by reference. Please review it before placing an order.

6. Intellectual Property

6.1 Our Content

All content on the Site—including but not limited to text, graphics, logos, product images, videos, the “Mighty Oak Supply Co.” name and mark, page layouts, and software—is owned by or licensed to Mighty Oak Supply Co. and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Site content without our prior written consent, except as necessary to use the Services for their intended purpose (e.g., viewing product pages, placing orders).

6.2 Your Content

By submitting product reviews, comments, images, or other content (“User Content”) to the Site, you grant Mighty Oak Supply Co. a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, and distribute that content in connection with operating and promoting the Services.

You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not infringe any third-party rights, contain unlawful material, or include malicious code.

We reserve the right to remove any User Content at our sole discretion, without notice.

7. Prohibited Conduct

You agree not to use the Site or Services to:

•       Engage in any unlawful, fraudulent, or deceptive activity.

•       Violate any applicable law, regulation, or third-party rights (including intellectual property rights).

•       Harass, abuse, threaten, defame, or discriminate against any person.

•       Submit false, misleading, or inaccurate information.

•       Transmit viruses, malware, or other harmful code.

•       Scrape, crawl, or use automated systems to extract data from the Site without our written permission.

•       Attempt to interfere with, compromise, or circumvent the security or functionality of the Site.

•       Use the Site for unauthorized commercial purposes, including reselling without our consent.

We reserve the right to terminate access for any user who violates these prohibitions.

8. Third-Party Services and Links

The Site is hosted by Shopify Inc. and may integrate with third-party services for payment processing, analytics, shipping, and advertising. Your use of these third-party services may be subject to their own terms and privacy policies, which we encourage you to review.

The Site may contain links to third-party websites. We do not control, endorse, or assume responsibility for the content, policies, or practices of any third-party site. You access third-party sites at your own risk.

9. Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any product will meet your specific expectations.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply only to the fullest extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIGHTY OAK SUPPLY CO. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

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

11. Indemnification

You agree to indemnify, defend, and hold harmless Mighty Oak Supply Co. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

•       Your use of the Services or any product purchased through the Services.

•       Your breach of these Terms or any applicable law.

•       Your User Content or any infringement of third-party rights.

•       Any dispute between you and a third party related to the Services.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal proceeding, you agree to contact us at contact@mightyoaksupply.com and attempt to resolve any dispute informally for at least thirty (30) days.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Mighty Oak Supply Co. agree to resolve it through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration will take place in Camden County, New Jersey, or at another mutually agreed location.

You and Mighty Oak Supply Co. each waive the right to a jury trial and the right to participate in a class action, collective action, or representative proceeding. The arbitrator’s decision will be final and binding.

12.3 Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm. Claims eligible for small claims court may be brought there instead of arbitration.

13. Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms, the exclusive venue shall be the state or federal courts located in Camden County, New Jersey.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and Mighty Oak Supply Co. regarding the Services. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. You may stop using the Services at any time.

Upon termination, the following sections survive: Section 6 (Intellectual Property), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Dispute Resolution), Section 13 (Governing Law), and this Section 16.

17. Contact Us

If you have questions about these Terms of Service, please contact us:

 

Business: Mighty Oak Supply Co.

Email: contact@mightyoaksupply.com

Website: mightyoaksupply.com