The categories of personal information we collect depend on whether you are a customer, user or visitor and the requirements of applicable law.
Completing Surveys. If you decide to participate, you may be asked to provide certain information, which may include personal information.
Engaging with us on Social Media. We may offer opportunities to participate in forums, reviews, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
Information We Collect Automatically. We collect certain information automatically as you use our Services such as your IP address, browser type, computer or device type, unique device identifiers, operating system version, the website from where you navigated to our Site, time and date of using our Site, the pages on our Site that you view, and the name of your Internet service provider (ISP).
Location Information. We may collect and store information about your location. For example, when you visit or use our Site or App, we may approximate your location based on your IP address, or we may collect information about your location through GPS, WiFi, wireless network triangulation or other method if you allow the Services to access location services on your device. If you connect the Products to WiFi, we may collect location information based on WiFi or IP address. We may use this information to improve the Services and to personalize our Services for you. If you do not want us to collect location information, you may be able to adjust your browser or device settings to disable precise location collection, though we may still approximate your general location based on other data.
Communications with Us. If you contact us to inquire about our products, to join a mailing list, for product support, or register to receive a newsletter we may offer, we may collect your name, email address, phone number, and postal address when you request information about our Services.
Information from Other Sources. We may obtain personal information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Site, Apps or Products through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application. The information we receive from these third parties is dependent on the applicable third party’s policies and your privacy settings on that third party service, and could include information such as your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service or any other information you permit the third party application to share with third parties. Similarly, if you use a third party login service through a social network or authentication service such as Facebook or Google, these services will authenticate your identity and provide you the option to share personal information with us, which could include your name, email address or other information. We or our payment processors may also be provided with other information about you from third parties, such as demographic information, credit reference or fraud prevention information, and updated payment information or payment methods related to your purchases of our Products. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with the Services and provide you with information about our business, products, and services.
Google Analytics and Other Analytics Providers
We use Google Analytics via Tealium (www.tealium.com), a suite of services providing web analytics, and other analytics providers such as LinkedIn, Yahoo, Twitter, Bing, Impact Radius, GA Audiences, New Relic, Facebook, Hotjar, Live Intent, and Pinterest Conversation Tracker, to collect certain information relating to your use of the Services. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable Google Analytics to use information collected through Google advertising cookies or other third party cookies in addition to data collected through Google Analytics to inform, optimize, and display ads based on your past visits to the Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices.
Information Collected Through Cookies and Similar Technologies:
Our uses of these technologies fall into the following general categories:
• Operationally Necessary. This includes technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
• Performance Related. We may use technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
• Functionality Related. We may use technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
• Advertising or Targeting Related. We may use first party or third-party technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.
To Provide Products, Services, and Information. As described above, we collect information from you so that we can provide products and Services that you purchase at the Site, and provide information that you request from us. Specific purposes include managing your information and accounts; responding to your questions, comments, and other requests; providing access to certain areas, functionalities, and features of our Services; communicating with you about your account, activities on our Services and policy changes; processing your financial information and other payment methods for products or Services purchased; processing applications and transactions; answering your requests for customer or technical support; auditing related to transactions, and allowing you to register for events, as applicable.
To Notify You About Products, Features, and Services. We may send you information about our products and Services, and new offerings using the contact information you provided us. We may also provide you with customized materials about offers, products, and Services that may be of interest, including new content or Services; and other purposes you consent to, are notified of, or are disclosed when you provide personal information. As described below, you can change your preferences for receiving marketing communications at any time.
To Analyze and Improve our Services pursuant to our legitimate interest, such as: measuring interest and engagement in our Services; conducting research and development; developing new products and Services; ensuring internal quality control; verifying your identity and preventing fraud; detecting bugs or other software issues; preventing potentially prohibited or illegal activities; enforcing our terms and policies; and to comply with our legal obligations, protect your vital interest, or as may be required for the public good.
To Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
To Use De-identified and Aggregated Information. We may use information about you to create de-identified and aggregated information, such as demographic information, location information, information about the computer or device from which you access the Services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. We may use de-identified and aggregated information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may also share this information with third parties.
Notice regarding Third Party Websites and Social Media Platforms. The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may share personal information with third parties in the instances described below.
Vendors and Service Providers. We may share your personal information with vendors and service providers that provide services to us to enable us to provide the Services. As examples, these service providers help host our Site, send out email updates about the Site, provide shipping services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these Services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to help us provide the Services.
Business Partners. We may provide personal information to business partners with whom we jointly offer products or services, including promotions or contests.
Affiliates. We may share personal information with our affiliated companies.
Marketing Partners. From time to time we may share your personal information with third parties who may have products or services we think you may enjoy.
Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Legal Proceedings. We may access, preserve, and disclose your personal information if we have a good faith belief that doing so is required or necessary: (i) to comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) to respond to your requests; (iii) to protect your, our or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) or when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity.
Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Services to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. You will be notified by email and/or a notice placed on an affected online website or service of any such change in ownership, as well as any choices you may have regarding your personal information as a result of the transaction.
Your Consent. In addition to the sharing described elsewhere, we may share personal information with companies, organizations or individuals outside of the Company when we have your consent to do so.
Mobile Devices. We may send you push notifications through our mobile application. You may adjust your push notification preferences by changing the settings on your mobile device. We may also collect location-based information if you use our Apps. You may disable the collection of device location data by changing the settings on your mobile device. We may continue to approximate your location based on other information, such as IP address.
6. Online Advertising and Third Party Tracking
Through our Services, we may allow third party advertising partners to set technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks or on other devices you may use. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you.
You can learn more about targeted advertising and privacy and learn more about your choices at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice, such as by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android).
Please note that exercising your choices through the network advertising link above will only apply to interest based ads on that specific browser or device. You must separately opt out in each browser and on each device that you use. Some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or computers or use another operating system, you will need to exercise those choices again.
Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes. Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.
Please also see the information above related to third party websites, social media platforms and SDKs.
Do Not Track. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
Our Services are not directed to children under the age of 17, and we do not knowingly collect personal information from children. If we learn that we have collected personal information from children under the age of 17, we will promptly delete that information. If you believe we have collected personal information from your child, please contact us as described below.
We use physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. We urge you to keep your personal information safe (including your account password). Please see the United States Federal Trade Commission’s website at https://www.consumer.ftc.gov/topics/identity-theft for information about how to protect yourself against identity theft.
The Site is operated and managed on servers located and operated within the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction
12. Residents of California
If you are a California resident, California Civil Code Section 1798.83 (known as California’s “Shine the Light” law) permits you to request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please contact us as described below. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.
Terms and Conditions
Welcome to Molekule, Inc. Please read these Terms and Conditions (the “Terms”) carefully because they govern your use of our online interfaces (e.g., websites and mobile applications (our “Apps”)) owned and controlled by us, including www.molekule.com (collectively referred to herein as the “Site”) and through the purchase and use of our products available on our Site (the “Products”). To make these Terms easier to read, the Site, the Products and the App are collectively called the “Services”. By using our Services, you agree to be bound by these Terms. Please read the Terms carefully as they affect your legal rights. If you don’t agree to be bound by these Terms, do not use any of our Services.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services or if you purchase our Products after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services or purchase any Products anymore. Because our Products are still being developed and our Services are evolving over time, we may change or discontinue all or any part of the Services (including our Products), at any time and without notice, at our sole discretion.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST ACCESS THE SERVICES BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MOLEKULE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
IF YOU PURCHASE ONE OR MORE OF OUR PRODUCTS, YOUR FILTERS WILL AUTOMATICALLY REFILL FOR CERTAIN PERIODS OF TIME, TYPICALLY EVERY SIX OR TWELVE MONTHS, IF YOU DO NOT CANCEL AT LEAST FIFTEEN DAYS PRIOR TO THE REFILL DATE. SEE THE SECTION “MOLEKULE FILTERS AUTOMATIC REFILLS AND ACCOUNT PORTAL” FOR MORE INFORMATION ON THE APPLICABLE AUTOMATIC REFILL TERMS.
You may order Products and use the Services only if you are 18 years or older and capable of forming a binding contract with Molekule and are not barred from using the Services under applicable law. If you want to purchase the Products and use certain features of the Services you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you are responsible for updating such information, as needed, to keep it accurate, complete and up-to-date. You’re responsible for all activities that occur under your Account, whether conducted by you or by someone else with access to your Account. Note that in order to manage your filter auto refills online, you’ll need to use the same email address you used to purchase your Molekule device.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. You will be charged at the time of your order unless we notify you otherwise. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in our Products or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
We will use reasonable commercial efforts to deliver the Products within the timelines estimated in the Order form. You understand that all scheduled shipment dates and estimated shipment dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. Title and risk of loss for Products purchased from our Services pass to the purchaser upon our delivery of the Products to the carrier.
In case of any unforeseen delay, Molekule will keep you updated and communicate progress using the email address associated with your Account. In the event of inconvenience due to any unforeseen delay in the timeline, please inform us here and we will make reasonable efforts to resolve your issue.
You have 60 days from the shipment of your order to request a refund. Please see our return policy at https://molekule.com/returns-and-warranty for more information and the complete terms and conditions for refunds.
Our Products typically contain one or more filters that should be replaced from time to time as indicated for each Product (“Filters”). The purchase of our Products will typically automatically include a subscription for automatic, recurring purchases and shipment of certain Filters (“Auto-Ship”). Depending on the Product and our offerings, you may have the option of making one-time payments for certain Filters.
BY USING AUTO-SHIP, YOU AUTHORIZE US TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you use Auto-Ship, we (or our third-party payment processor) will automatically charge you, at the time of each Auto-Ship subscription renewal, using the payment information you have provided until you cancel your Auto-Ship subscription. Your Auto-Ship subscription will automatically renew on a specified cadence, typically every six or twelve months depending on the Product, and your credit card will automatically be charged the full amount for such Filters, plus any applicable taxes, and other charges (“Auto-Ship Fee”) upon renewal at the beginning of each renewal period until cancelled. YOU MUST CANCEL YOUR AUTO-SHIP SUBSCRIPTION AT LEAST FIFTEEN DAYS PRIOR TO THE RENEWAL DATE TO AVOID THE BILLING OF THE FEES FOR THE NEXT RENEWAL PERIOD. By agreeing to these Terms and using Auto-Ship, you acknowledge that your Auto-Ship subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Auto-Ship subscription. Your Auto-Ship subscription continues until cancelled by you or we terminate your access to or use of the Services or Auto-Ship in accordance with these Terms. You can cancel your Auto-Ship subscription at any time in your account under ‘Options’ or by contacting us at email@example.com or toll-free at 1(855) 999-9069 Monday – Friday 9 am – 5 pm PT. Cancellation will be effective at the end of the then-current renewal period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE AUTO-SHIP FEE PAID FOR THE THEN CURRENT AUTO-SHIP SHIPMENT AT THE TIME OF CANCELLATION. If you have any shipments still outstanding in your current renewal period at the time you cancel your Auto-Ship subscription, you will continue to receive those shipments, and you will be responsible for all Auto-Ship Fees incurred for such Auto-Ship shipments, as applicable, but will not be billed for another renewal period thereafter.
All contents of the Services, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Services are collectively referred to as “Content”. The Services and Content, and all associated intellectual property rights are the sole and exclusive property of Molekule and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Molekule. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, Molekule grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. The foregoing license grant is not a sale of the Apps or any copy thereof, and Molekule or its third-party partners or suppliers retain all right, title, and interest in the Apps (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in the Terms, is void. Molekule reserves all rights in and to the App not expressly granted to you under these Terms.
Subject to your compliance with these Terms, Molekule grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Additional Terms for Apps
To use our Apps on a mobile device, you must have a mobile device that is compatible with the Apps. Molekule does not warrant that the Apps will be compatible with your mobile device. You may use mobile data in connection with the Apps and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You acknowledge that Molekule may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Apps is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. If the Apps are being acquired on behalf of the United States Government, then the following provision applies. The Apps will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.
You agree not to do any of the following:
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
We welcome feedback, comments and suggestions for improvements to our Products and Services (“Feedback”). You can submit feedback by contacting us here. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Molekule may offer certain discounts, promotions and free introductory services (such as filter refill packs) (collectively, “Deals”) to its customers from time to time. Please note that regardless of any offers of Deals, Molekule reserves the right to change the offer bundle over time without any prior notice. In addition, you acknowledge and understand that Molekule does not provide any warranty or refund/cancellation assurances on any of the Deals. Molekule also reserves the right to amend the Services or other policies around any components offered as a free or additional item along with the Product. The Deals are not interchangeable and cannot be traded off for monetary remuneration or in any other way.
You acknowledge that the Products, Apps and Content which are sold or licensed on the Services, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products or Apps are downloaded, manufactured and/or received. By purchasing, downloading or using technology or software from our Services, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any Products or downloading any Apps, you agree that you will not use any Products or Apps, or provide Products or Apps to any person, who is forbidden from receiving the Products or Apps under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You agree to defend, indemnify and hold Molekule and its officers, directors, employees, agents and affiliates harmless from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
We may terminate your access to and use of the Services (unless you have purchased a Product, in which case we will ship your Product or refund you the purchase price as indicated above), at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us as described below.
Molekule warrants that for a period of two years from shipment, the Product will be free from defects in materials and workmanship under normal use in accordance with the documentation provided with the Product. In the event of a defect, contact Molekule at http://molekule.com/contact for return instructions. Warranty services are available only in countries where the Products are sold directly by Molekule or an authorized Molekule reseller. Shipping charges may apply except where prohibited by applicable law.
Molekule’s sole obligation under this warranty will be at its option to repair or replace the Product and the replaced Product will be warranted for the remaining period of the original warranty. Replacement Products may contain new or refurbished parts. This warranty does not apply to Products damaged by misuse, accident, electrical disturbance or normal wear and tear. The Product is not designed for or warranted against damage from use in areas subject to extreme temperature, excessive moisture, or other inherently hazardous environments. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS WARRANTY. EXCEPT FOR THE LIMITED EXPRESS WARRANTIES SET FORTH ABOVE, MOLEKULE DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
THE PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE.
Please seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Molekule does not recommend or endorse any specific physicians, procedures, products (including our Products), opinions or other information that may be included on the Site; the same are only for informational purposes. Reliance on any information appearing on the Site, whether provided by Molekule, its content providers, the visitors to the Site or others, is solely at your own risk.
NEITHER MOLEKULE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PRODUCTS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOLEKULE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MOLEKULE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO MOLEKULE FOR USE OF THE SERVICES OR PRODUCTS GIVING RISE TO THE LIABILITY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
You and Molekule agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Molekule with written notice of your desire to do so by regular mail at Molekule, Inc., Attn: General Counsel, 1301 Folsom Street, San Francisco, CA 94103 within thirty (30) days following the date you first access the Services (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Molekule with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Molekule with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Molekule with an Arbitration Opt-out Notice, you acknowledge and agree that you and Molekule are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Molekule otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Molekule otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Molekule submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Molekule will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Molekule will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions describing changes to these Terms above, if Molekule changes this “Dispute Resolution” section after the date you first accessed the Services (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Molekule.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or, if applicable, in the date of Molekule’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Molekule in accordance with the provisions of this “Dispute Resolution” section as of the date you first accessed the Services (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Molekule and you regarding the Services (including Products and Deals) and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Molekule and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Molekule’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Molekule may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Molekule under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of sending will be deemed the date on which such notice is transmitted.
Molekule’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Molekule. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Molekule at firstname.lastname@example.org, or Molekule, Inc., Attn: Legal Department, 1301 Folsom Street, San Francisco, CA 94103.
Terms and Conditions Last Updated: September 11, 2019
Molekule’s technology is covered by multiple U.S. and foreign patents, including those set forth below.