Terms and Conditions

These Terms and Conditions govern your use of mightyclever.com, the website operated by Mighty Clever. By using this website, you agree to these terms. If you do not agree, please do not use the website.

1. Website Purpose

This website provides general information about Mighty Clever and our graphic design, branding, advertising, digital, video, and related creative services.

Website content is provided for informational and promotional purposes. Nothing on this website constitutes a binding offer or guarantees that we will accept a project.

2. No Client Relationship

Visiting this website, contacting us, or requesting an estimate does not create a client relationship.

A client relationship begins only when Mighty Clever and the client enter into a separate written agreement. That agreement will govern matters such as services, deliverables, pricing, payment, revisions, schedules, cancellations, intellectual-property rights, and licensing.

If these Terms conflict with a signed client agreement, the signed client agreement will control regarding the services covered by that agreement.

3. Intellectual Property

Unless otherwise indicated, the website and its content—including its text, graphics, branding, logos, illustrations, layouts, photographs, videos, animations, and design—are owned by Mighty Clever or used with permission. They are protected by copyright, trademark, and other intellectual-property laws.

You may view the website and share links to its publicly available pages for lawful, noncommercial purposes. You may not, without prior written permission:

  • Copy, reproduce, republish, distribute, or publicly display website content
  • Modify or create derivative works from website content
  • Use portfolio work, designs, images, or other content for commercial purposes
  • Remove copyright, trademark, credit, or ownership notices
  • Present our work as your own
  • Use website content to train or develop an artificial-intelligence system or dataset
  • Use Mighty Clever’s name, branding, or logos in a way that suggests endorsement or affiliation

The appearance of client work in our portfolio does not give website visitors permission to use that work. Certain materials may be owned by our clients or other third parties.

4. Information and Materials You Submit

If you contact us or send project materials, you represent that:

  • The information you provide is accurate to the best of your knowledge
  • You have the right to provide the submitted materials
  • Our review of those materials will not violate another person’s rights

You retain ownership of materials you submit. You give Mighty Clever permission to receive, store, copy, and review those materials as reasonably necessary to respond to your inquiry, evaluate a potential project, or provide requested services.

Submitting materials through the website does not obligate Mighty Clever to use them, keep them confidential, or accept the associated project. If materials are confidential, please contact us before submitting them so appropriate arrangements can be made.

Our handling of personal information is described in our Privacy Policy.

5. Acceptable Use

You agree not to:

  • Use the website for unlawful, fraudulent, or abusive purposes
  • Attempt to gain unauthorized access to the website, its servers, or connected systems
  • Introduce malware, harmful code, or disruptive technology
  • Interfere with the website’s security, operation, or availability
  • Scrape, harvest, or collect information from the website through automated means without permission
  • Impersonate another person or misrepresent your identity or affiliation
  • Use the website to infringe or violate another person’s rights

We may restrict or block access when we reasonably believe these terms have been violated.

6. Estimates and Website Information

Descriptions of services, examples of work, timelines, and other information on this website are general in nature. Actual project scope, availability, pricing, schedules, and results depend on the circumstances of each project and will be addressed in a separate proposal or agreement.

We try to keep website information accurate and current, but we do not promise that all content will always be complete, accurate, or up to date. We may change website content or services without notice.

7. Testimonials and Portfolio Examples

Testimonials and portfolio examples describe individual experiences and projects. They do not guarantee that every client or project will receive the same outcome.

Project results depend on many factors, including the scope of work, client participation, budget, timing, market conditions, and how completed work is implemented.

8. Third-Party Websites and Services

This website may contain links to or content from third-party websites and services. These links are provided for convenience and do not necessarily mean that Mighty Clever endorses or controls the third party.

We are not responsible for the content, availability, security, or practices of third-party websites. Your use of a third-party website is governed by that party’s terms and policies.

9. Disclaimer of Warranties

To the extent permitted by law, this website and its content are provided “as is” and “as available,” without warranties of any kind, whether express or implied.

Mighty Clever does not warrant that the website will always be available, uninterrupted, secure, accurate, or free from errors or harmful components.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

10. Limitation of Liability

To the extent permitted by law, Mighty Clever and its owners, employees, contractors, and representatives will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to your use of—or inability to use—this website.

Mighty Clever’s total liability for a claim arising solely from your use of this website will not exceed $100.

These limitations do not apply where liability cannot lawfully be limited or excluded. Liability relating to paid client services is governed by the applicable client agreement.

11. Indemnification

To the extent permitted by law, you agree to be responsible for claims, losses, liabilities, and reasonable expenses arising from your unlawful use of the website, your violation of these terms, or materials you submit in violation of another person’s rights.

12. Governing Law

These terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles.

Any dispute arising solely from use of this website will be brought in a state or federal court with jurisdiction in Utah, unless applicable law requires otherwise.

13. Changes to These Terms

We may update these terms periodically. The updated version will be posted on this page with a revised effective date. Your continued use of the website after an update constitutes acceptance of the revised terms.

14. Severability

If any part of these terms is found unenforceable, the remaining provisions will remain in effect. The unenforceable provision will be modified only to the extent necessary to make it enforceable.

15. No Waiver

If Mighty Clever does not enforce a provision of these terms, that does not waive our right to enforce it later.

16. Contact Us

Questions about these Terms and Conditions may be directed to:

Mighty Clever
ABCZ Creative
PO Box 623
Kaysville, Utah 84037
hello@mightyclever.com
801-703-3928