Welcome to Mighty Munch! The Mighty Munch website and services are provided by Mighty Munch
Inc. (“Mighty Munch”, “we” “us” or “our”). These terms and conditions (these “Terms and
Conditions”) govern your (“you” or “your”) access to and use of the mightymunch.com website (the
“Website”) and all services provided by Mighty Munch via the Website including without limitation
our monthly (or other pre-defined frequency) product and gift service (collectively, the “Services”).
Mighty Munch provides a subscription service for monthly (or other pre-defined frequency) delivery
of pet-related products for your pet or as a gift to other pet owners. Access to the Website, use of
the Services, and purchase of the Products is subject to these Terms and Conditions and the Mighty
Acceptance of Terms
By using our Website or subscribing to our Services, you indicate your unconditional acceptance of
the following Terms and Conditions. Please read them carefully, as they may have changed since
your last visit. The most recent version of these Terms and Conditions may be viewed at
Scope of Service
Mighty Munch maintains this Website as a service to the user community that visits the Website
subject to these Terms and Conditions. You are responsible for obtaining any equipment and
Internet service necessary to access our Website and for paying any fees for the equipment and
service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in
part, at any time and for any reason, without notice. The Website may also periodically become
unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this
Website subject to these Terms and Conditions. The term “Content” means all information, text,
images, data, links, software, or other material accessible through the Website or Services, whether
created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve
the right to make changes to document names and content, descriptions or specifications of
products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the
Services, subject to the following conditions:
The Content may be used solely for internal informational purposes. No part of this website or its
Content may be reproduced or transmitted in any form, by any means, electronic or mechanical,
including photocopying and recording for any other purpose.
The Content may not be modified.
Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use this Website or any Content displayed on this Website, through
our prior written permission or the permission of such third party that may own the trademark or
copyright of material displayed on this Website.
Registration and Membership; Product Sales
In order to start your ongoing Mighty Munch monthly (or other pre-defined frequency) subscription,
you must register as a member on our Website. To register, you can simply provide information
about your pet including its size (for optimal product selection), your shipping information including
your address and billing information, and your valid email address and password to create your login
profile. All information that you provide to Mighty Munch, including your credit card information, is
information up to date through the account page on the Website.
As a registered user of Mighty Munch, you agree to receive emails promoting any special offer(s),
including third party offers. We may from time to time send you our newsletters. You may opt-out
from receiving special promotions or our newsletter by emailing [email protected] or
selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Monthly (or other pre-defined frequency) Delivery
As a subscribed Mighty Munch member, each month or other defined frequency, we will ship you a
package with pet food for your pet. You have the ability to change the quantity of food, and shipping
frequency at any time.
BY SUBSCRIBING YOU AGREE TO PAY THE ONGOING SUBSCRIPTION FEE FOR THE PRODUCTS THAT
ARE SUPPLIED EACH MONTH OR PRE-DEFINED FREQUENCY.
Billing and Payments
The price of the Services and/or goods is payable in full before delivery. We accept the following
credit cards at this time: Visa, MasterCard, American Express, or Discover (please check our Shipping,
Return and Exchange Policy for an updated list). You will automatically be charged each month (or
pre-defined frequency for your ongoing subscription. Unless you cancel your subscription or
membership prior to the end of your then-current subscription period, at the end of that period,
your subscription will automatically be renewed for an additional subscription period of the same
amount of time.
For your convenience and continuous subscription benefits as a member, if your payment method
reaches its expiration date, you do not edit your credit card information and you have an ongoing
subscription, you authorize us to continue billing that credit card on file including extending the
expiration date until we are notified by you or the credit card company that the account is no longer
valid. We encourage you to constantly update your payment method information or cancel your
membership should you wish to discontinue your monthly (or other pre-defined frequency)
purchase of Products.
We use a third party payment service in lieu of directly processing your credit card information. By
submitting your credit card information, you grant Mighty Munch the right to store and process your
information with the third party payment service, which it may change from time to time; you agree
that Mighty Munch will not be responsible for any failures of the third party to adequately protect
such information. All financial matters regarding your information are subject to the conditions of
the third party payment service provider's terms of service. You acknowledge that we may change
the third party payment service and move your information to other service providers that encrypt
your information using secure socket layer technology (SSL) or other comparable security
Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included
with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you
must notify Mighty Munch within 30 days of the date of your purchase if you believe all or part of
your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not
received are subject to our investigation, which may include postal-service notification. We will
adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the
cancellation of your membership.
Returns and Exchanges
If a Product is defective, you may return it within thirty (30) days of receipt and we will send you a
new item or credit your account. To request a refund, please contact us at [email protected]
When returning Products, it is your responsibility to take reasonable care to see that the Products
are not damaged in transit and are received by us at our address as displayed on the Website. All
refunds are subject to our shipping, return and exchange policies stated on our FAQ page, if any.
Please note credits resulting from the monthly (or other pre-defined frequency) charge are only
available up to 30 days past the date of the charge. Refunds are at the sole discretion of Mighty
Shipping, return and exchange of any products delivered by us in connection with your membership
are subject to the Mighty Munch Shipping, Return and Exchange Policy.
You may be charged local sales tax, if applicable.
This Website may be accessed from countries other than the United States. This Website and the
Services may contain products or references to products that are only available within the United
States and U.S. territories. Any such references do not imply that such products will be made
available outside the United States. If you access and use this Website outside the United States you
are responsible for complying with your local laws and regulations.
We work hard to make your membership satisfying; however, you may cancel your ongoing
membership through the account page on the Website. You must update your account on the
Website by the first day of the month (or other pre-defined frequency) following the end of your
then-current subscription period. You can also cancel your membership by emailing us at
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP
BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE
REMAINDER OF THAT SUBSCRIPTION PERIOD.
YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR
MEMBERSHIP PRIOR TO THE FOLLOWING PAYMENT DATE FOR THE NEXT DELIVERY, YOUR
SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME
AMOUNT OF TIME.
All cancellation requests received after the next payment date for a following Subscription Period
will apply to the following Subscription Period.
We may terminate your membership, without notice, for conduct we believe violates these Terms
and Conditions or our policies, is harmful our business interests, or for an inactive account.
Limitation of Liability
IN NO EVENT SHALL MIGHTY MUNCH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE
LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF
OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE,
UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY
INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES.
YOU AGREE MIGHTY MUNCH'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS
AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN
CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO MIGHTY MUNCH
IN THE THEN-PRIOR CALENDAR MONTH.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and
defend Mighty Munch from any claims, damages, losses, liabilities, and all costs and expenses of
defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any
other person accessing the Website using your member login account.
Content Submitted by Users
Accuracy: You may use this Website (but not subscribe to our Services) without volunteering
our practices for handling personally identifiable information. However, if you choose to provide
information to register for or participate in a service, event, or promotion on this Website or to use
our Services, you agree that you will provide accurate, complete, and up to date information as
requested on the screens that collect information from you.
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and
statements expressed in Content submitted for public display through our Website, such as through
an online discussion forum or chat room. We do not prescreen information posted to online
discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting
as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice,
statements, services, offers, or other information in Content expressed or made available by users of
an online discussion forum or chat room are those of the respective author(s) or distributor(s) and
not of Mighty Munch. We neither endorse nor guarantee the accuracy, completeness, or usefulness
of any such Content. You are responsible for ensuring that Content submitted to this Website is not
provided in violation of any copyright, trade secret or other intellectual property rights of another
person or entity. You shall be solely liable for any damages resulting from any infringement of
copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your
uploading, posting or submission of Content to this Website.
Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website
through an online discussion forum or chat room, to determine compliance with these Terms and
Conditions and any other applicable rules that we may establish. We have the right in our sole
discretion to edit or remove any material submitted to or posted in any online discussion forum or
chat room provided through this Website. Without limiting the foregoing, we have the right to
remove any material that Mighty Munch, in its sole discretion, finds to be in violation of these Terms
and Conditions or otherwise objectionable, and you are solely responsible for the Content that you
post to this Website.
Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes
certain activities intended to influence legislation. Content posted by users does not constitute
lobbying by Mighty Munch, but may constitute lobbying by you or an organization that you
represent. You are responsible for complying with any applicable lobbying restrictions.
By accessing our Website or any chat room, online discussion forum, or other service provided
through our Website, you agree to abide by the following standards of conduct. You agree that you
will not, and will not authorize or facilitate any attempt by another person to use our Website or any
related chat room or online discussion forum to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by
Use a name or language that Mighty Munch, in its sole discretion, deems offensive.
Post defamatory statements.
Post hateful or racially or ethnically objectionable Content.
Post Content which infringes another's copyright, trademark or trade secret.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten or intentionally embarrass or cause distress to another person or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
Exploit children under 18 years of age.
Engage in disruptive activity such as sending multiple messages in an effort to monopolize the
Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
Obtain unauthorized access to any computer system through the Website.
Invade the privacy of any person, including but not limited to posting personally identifying or
otherwise private information about a person without their consent (or their parent's consent in the
case of a child under 13 years of age).
Solicit personal information from children under 13 years of age.
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offense.
Mighty Munch does not claim ownership of any materials you make available through the Website.
With respect to any materials you submit or make available for inclusion on the Website, you grant
Mighty Munch a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive
license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such
materials or any part of such materials. You hereby represent, warrant and covenant that any
materials you provide do not include anything (including, but not limited to, text, images, music or
video) to which you do not have the full right to grant Mighty Munch the license specified above.
You further represent, warrant and covenant that any materials you provide will not contain libelous
or otherwise unlawful, abusive or obscene material. Mighty Munch will be entitled to use any
content submitted by you without incurring obligations of confidentiality, attribution or
compensation to you.
Mighty Munch services are available only to, and may only be used by, individuals who are 18 years
and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal
guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of Mighty Munch
and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by
United States copyright law, trademark law, international conventions and other intellectual
property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Mighty Munch
and with the expectation that such Content will be made publicly accessible through our Website. By
submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual,
irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative
works from, and publicly perform or display such Content. This license shall remain in effect until we
delete the Content from our systems.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Website infringe your copyright, you may request that they
be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or
an authorized representative and must include the following information: (1) identification of the
copyrighted work that you believe to be infringed, including a description of the work and, where
possible, a copy or the location of an authorized version of the work; (2) identification of the
material that you believe to be infringing and its location, including a description of the material, its
Website location or other pertinent information that will help us to locate the material; (3) your
name, address, telephone number, and email address; (4) a statement that you have a good faith
belief that the complained of use of the materials is not authorized by the copyright owner, its
agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement
that “under penalty of perjury,” you declare that you are the lawful copyright owner or are
authorized to act on the owner's behalf. For copyright concerns, please email us at
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in
appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in Mighty Munch services on this Website, you may be required to
establish a login identifier and a password. You are responsible for protecting your login and
password from unauthorized use, and you are responsible for all activity that occurs on your account
(including without limitation financial obligations). You agree to notify us immediately if you believe
that your login or password has been or may be used without your permission so that appropriate
action can be taken. We are not responsible for losses or damage caused by your failure to
safeguard your login and password.
Disclaimer of Warranty
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR
CONSUMPTION BY YOUR PET. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING
Under no circumstances will we be liable for any loss or damage caused by your use of the Products
or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND
EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS
REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY (OR OTHER PRE-DEFINED FREQUENCY
SHIPMENT, IN MIGHTY MUNCH'S DISCRETION.
YOU MAY RETURN DEFECTIVE PRODUCTS ONLY WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS
EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER
INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, MIGHTY MUNCH DOES NOT WARRANT
THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS
OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED
TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS
WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED,
OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Third-Party Websites
This Website may contain links to third party Websites that are provided to you as a convenience.
Any outside Website accessed from our Website is independent from Mighty Munch, and we have
no control over the content of such Websites. We are not responsible for the content of any linked
Website or for any loss or damage incurred in connection with your use such links or dealings with
the operators of such third party Websites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an
approval or endorsement by Mighty Munch of that third party or of any product or service provided
by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept
any responsibility for the content or use of such a Website. Mighty Munch does not endorse,
warrant or guarantee any product or service offered by any third party through an online discussion
forum or chat room accessible through this Website and will not be a party to or in any way monitor
any transaction involving any third party providers of products or services. As with the purchase of a
product or service through any medium or in any environment, you are responsible for exercising
appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we
provide, are appropriate or available for use outside the United States. Those who choose to access
this Website from outside the United States do so on their own initiative and at their own risk and
are responsible for compliance with applicable local laws.
We may terminate any user's monthly (or other pre-defined frequency) subscription or access to our
Website or Services, including access to any online discussion forum or chat room, in our sole
discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate
users who violate these terms and conditions, as deemed appropriate in our sole discretion. You
agree that we are not liable to you or any third party for any termination of your access to our
Website or Services.
These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of
Delaware, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by
arbitration conducted in the English language in Delaware, NY, U.S.A. under the commercial
arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator
a retired judge who presided in the State of Delaware. The parties shall bear equally the cost of the
arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys'
fees incurred in connection with the arbitration in such an amount as may be determined by the
arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable
in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek
injunctive relief, security, or other equitable remedies from federal and state courts located in the
State of Delaware or any other court of competent jurisdiction. Under no circumstances shall the
arbitrator be authorized to award punitive damages, including but not limited to federal or state
statutes permitting multiple or punitive damage awards. Any purported award of punitive or
multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING
TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO
HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER
WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
To the extent you are located in the United States, if any provisions of this Agreement are not
permitted by applicable law or regulation, those provisions shall be of no force or effect as between
you and Mighty Munch. If any part of these Terms and Conditions is held to be unlawful, void, or
unenforceable, that part will be deemed severable and shall not affect the validity and enforceability
of the remaining provisions as between you and Mighty Munch.
These Terms and Conditions constitute the entire agreement between the parties relating to the
subject matter herein. We may, at our sole discretion and without notice, revise these terms at any
time by updating this posting.
For Additional Information
If you have any questions about these Terms and Conditions, please contact
Copyright © 2018 Mighty Munch, Inc. All Rights Reserved.