Last Updated: 6/26/2023

These Terms and Conditions (the “Terms”) govern the Molekule Inner Circle Program (the “Program”). Please read these Terms carefully and the related Molekule Terms and Conditions (the “Molekule Site Terms”) and the Molekule Privacy Policy (both of which are incorporated herein by this reference) before participating in the program. 

In its sole and absolute discretion, Molekule may change, modify, or terminate any and all aspects of the Program including, without limitation, its rules, terms, conditions, or rewards, with or without notice. Such changes may or may not affect previously earned Rewards.

BY ACCESSING OR USING THE WEBSITE AND/OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS, INCLUDING WITHOUT LIMITATION, THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED IN THE MOLEKULE SITE TERMS. THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH MOLEKULE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

1. Introduction

The Program provides eligible participants who register for the Program through www.molekule. com (the “Website”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Rewards” as set forth below. These Terms govern the Program along with any other terms or policies incorporated by reference into these Terms. In the event of any conflict or inconsistency between these Terms and the terms of any other policies incorporated herein, these Terms will prevail, govern and control with respect to any matters pertaining to the Program and the other policies will prevail, govern and control with respect to all other matters. Please read these Terms carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Terms. If you do not agree to these Terms, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms Molekule or any other person or entity, as determined by Molekule in its sole discretion.

2. Eligibility

The Program is open only to participants who are legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older and who register for the Program through the Website (“Members” or “you”). Registration is free. Any person whose access to the Website has been terminated or suspended by Molekule is NOT eligible to participate. To participate in the Program, go to molekule.com/pages/inner-circle, submit the information requested on the registration page, and confirm your agreement to these Terms, the Molekule Site Terms, and the Privacy Policy. Once you complete and submit all the registration information, a Program account (each, an “Account”) will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. You cannot have more than one Account. Molekule reserves the right to request materials to verify your identity. If you attempt to obtain more than one Account, all Points in your Account may be forfeited, and Molekule may, at its sole discretion, terminate your membership and permanently ban you from participating in the Program. Officers, directors and employees of Molekule and its parent, subsidiaries, divisions and affiliates, (each, a “Program Entity”, and collectively, the “Program Entities”) may participate in the Program but may not be allowed to redeem Points for certain Rewards and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used. Additional or different eligibility criteria may apply to certain opportunities to earn or use Points and other invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association, or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by Molekule. 

Participation in the Program constitutes each Member’s permission for the Program Entities to use the Member’s first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of any Rewards won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.

3. Deactivate or Delete Account; Unsubscribe from Emails.

You can withdraw from the Program and deactivate your Account by submitting a request to 855-999-9069 or breathe@molekule.com. If you request to withdraw from the Program, you will permanently lose any Points and Rewards that your Account had accumulated. These Points and Rewards will not be restored if you later sign up for an Account.

The easiest way to opt out of marketing from Molekule is by following the instructions on the messages you receive from us.  A text message may indicate, for example, that you may reply STOP to halt further marketing messages, while an email may include a tab to click to “UNSUBSCRIBE.”

4. Membership Tiers.

Members will be assigned a membership tier status of Bronze, Silver, or Gold (each, a “Membership Tier”).  Membership in the Bronze and Silver tiers will be determined based on the number of Points that the Member receives in their Account during the preceding twelve months (the “Rewards Year”). Members will only be assigned to the Gold tier if they subscribe to Auto-Refills. Details regarding the Membership Tiers and how the Rewards Year is calculated are available at molekule.com/pages/inner-circle. Once a Member reaches a certain Membership Tier status, the Member will retain that status for twelve months. After twelve months have passed, the Member will either remain at the same tier or move down to a different tier according to the number of points received. At any time in the Rewards Year, if the Member receives enough Points to move up a Membership Tier, then that change will take place at that time. Points from one Rewards Year do not roll over to a subsequent Rewards Year for purposes of determining Membership Tier. Molekule reserves the right to change, modify or update the number of Points or other actions and requirements needed to earn each Membership Tier status and benefits.

5. Earning Points.

Members have many ways to earn Points in the Program, which can be redeemed for Rewards. Some of the ways Members can earn Points may include the following (subject to change). For current details on what activities are eligible for Points and the number of points associated with each activity for each Membership Tier, please visit molekule.com/pages/inner-circle.

• Signing Up for a Program Account. Members can earn Points by completing and submitting their registration information for an Account via molekule.com/pages/inner-circle.
• Making Purchases on the Website.  Members can earn Points by purchasing Molekule products via the Website. The Members will receive Points for each U.S. dollar spent on the Website (pre-taxes and fees, after applicable discounts, and rounded to the nearest dollar). The number of Points earned per dollar spent is contingent upon each Member’s Membership Tier. You cannot earn points on orders placed through third-party sellers, such as Best Buy. Molekule may choose to offer limited time promotions during which some purchases will be eligible for “Bonus Points.” Points are automatically added to a Member’s Account fifteen days after a purchase is completed via the Website.
• Referrals. The Program allows Members to receive Points for referring friends who join the Program and start earning points. Referrals are made by providing friends’ email addresses in the Account Portal. Referral Points are issued once per referral and only after the referred friend becomes a Member, completes their first purchase, and fifteen days have passed since that purchase.
• Birthday Points. The Program may provide Members with a special quantity of Points or around their birthday of record that was provided to Molekule during the Account set-up. To receive Birthday Points, Molekule may require you to have been a Member for a certain amount of time prior to your birthday of record and/or meet certain minimum purchase or Points requirements.
• Opt-in to Promotional Communications. The Program may provide Members with the opportunity to earn Points in exchange for signing up to receive promotional and marketing offers from Molekule.
• Social Media Activity. Members can earn Points by following Molekule accounts on social media, including Instagram and Facebook.
• Posting Reviews.Memberscan earn points by posting reviews on the Website. Any review posted to earn points must include the hashtag “#MolekuleLoyaltyProgramReview.” Reviews that include a photo are eligible for additional points.

Molekule reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points or the type of Reward that may be earned for any given activity.

6. Points and Rewards Redemption and Restrictions.

Members may redeem Points for rewards as determined by Molekule in its sole discretion (each, a “Reward”). Available Rewards include future discounts on Molekule products purchased on the Website.  Every 100 Points may be redeemed for a $5 discount to the Website. The minimum redemption amount is 200 Points (valid for a $10 discount Reward). 

Points will expire if a Member has not made any purchases on the Website for 18 months. For example, if a Member makes a purchase on January 1, then that Member’s Points will expire on July 1 of the following year if they do not make any purchases on the Website. For a purchase to qualify and prevent expiration, it must be reflected on the Member’s Account. The expiration date for a Reward, if any, will be disclosed when the Reward is presented and may vary for different categories of Rewards. You may view your current earned Points or earned Rewards and their expiration date by logging into your Account. Molekule, in its sole discretion, may impose a limit on the number of Points or Rewards in the aggregate or by type that may earned or redeemed per Account, per day, per Reward or per any other generally-applicable metric that may be selected by Molekule from time to time in its sole discretion. Points are not valid on the same transaction that earned the Points and are valid commencing on the next purchase only as determined by Molekule in its sole discretion.

Molekule reserves the right to remove points from any account that has been inactive for 2 years. Inactivity means that no new Points have been earned.

Molekule reserves the right to modify, amend, or revise the Rewards available. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions and other terms and conditions associated with any Reward or its redemption may be imposed by Molekule. Rewards are non-assignable and non-transferable. Any Rewards assigned or transferred in violation of these Terms may be confiscated or canceled. 

All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by Molekule in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Molekule in its sole discretion, Molekule reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.

Points and Rewards have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any Points or Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points and Rewards may be confiscated or cancelled. Points and Rewards must be redeemed in accordance with these Terms. Points and Rewards will not be replaced, reissued, or credited if lost, stolen, or otherwise altered or destroyed. 

Once you have redeemed your Points or Rewards, they are gone and there are no refunds, returns or exchanges for additional Points, Rewards, cash, or other goods and services, even if you return the products, merchandise or other item(s) that your Points or Rewards were redeemed toward.

7. Modification and Termination.

Molekule may modify any of these Terms, including, but not limited to, the methods through which Points or Rewards can be earned, how Points or Rewards can be used, the types of Points available, the Membership Tiers, and the conditions under which Points or Rewards may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Points or Rewards that the Member has already earned. The Program has no predetermined termination date and may continue until such time as Molekule decides to terminate the Program. Molekule may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website, in and/or via email to the Member’s email address currently on file with Molekule for their Account.

If Molekule amends these Terms, it will revise the “last updated” date located at the top of these Terms. For changes to these Terms that Molekule considers to be material, Molekule may place a notice on the Website by revising the link on the home page to read substantially as “Updated Molekule Rewards Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points or Rewards, redeeming Points or Rewards, logging onto your Account or in any other way after these Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms will be available on the Website and will supersede all previous versions of these Terms.

If Molekule decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days or an amount of time deemed reasonable by Molekule in its sole discretion from the date Program termination is announced to use their remaining Points or Rewards. Members may not rely on continued Points or Reward availability. Molekule makes no representation or warranty about the number or type of Rewards that may be available after Program termination has been announced, and many Rewards that may have been available prior to termination may quickly become depleted or otherwise unavailable once the Program termination has been announced. Any Points or Rewards remaining in a Member's Account at the time of termination will be forfeited and no compensation will be provided. 

Molekule may cancel your membership, cancel accumulated Points or Rewards, alter the number of Points or Rewards in your Account or suspend your membership privileges at any time with immediate effect if Molekule determines in its sole discretion that you have (a) acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms; (d) engaged in any fraud or abuse concerning Points or Rewards, Points/Rewards usage or Points/Rewards redemption; (e) acting in an unethical or disruptive manner; (f) acting with intent to annoy, abuse, threaten or harass Molekule, its representatives, or any other Member in any manner related to the Program; or (f) engaged in any conduct or act that causes Molekule to terminate or suspend your access to your Account. Molekule may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms shall limit Molekule in its exercise of any legal or equitable rights or remedies.

Molekule reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to earn Points for two (2) years or with such regularity deemed sufficient by Molekule and announced from time to time on the Website. Molekule in its sole discretion may allow Members to prevent their Points from expiring by following Molekule’s instructions.

8. Electronic Communications.

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. We reserve the right to send you emails for administrative purposes even if you opt out of marketing communications. If you consented to receive SMS messages sent to your mobile phone, then you will receive marketing and transactional messages sent via auto dialer. You are not required to consent to receive these messages to receive the goods and services associated with the Program. Message and data rates may apply to your receipt of these SMS messages. You may opt out of receiving SMS messages or emails at any time.

9. General Terms and Conditions.

ACCRUED POINTS AND REWARDS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS AND REWARDS ARE CREDITS THAT MOLEKULE MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS AND REWARDS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in the Member’s Account is accurate and is kept current. If a Member believes that the Member’s Account does not properly reflect Points or Rewards earned from engaging in any activities, the Member must contact Molekule to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Molekule reserves the right to seek damages from any such person to the fullest extent permitted by law. Molekule’s failure to enforce any of these Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Points or Rewards, or a Member’s compliance with these Terms will be resolved by Molekule in its sole discretion.

10. Program Malfunctions and Conduct.

The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points or Rewards. In no event will Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points or Rewards. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Molekule which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Molekule reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Molekule deems appropriate. In the event Molekule is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Molekule’s control (each a “Force Majeure” event or occurrence), Molekule shall have the right to modify, suspend, or terminate the Program, in whole or in part.

11. Dispute Resolution and Class Action Waiver.

You and Molekule agree that all disputes pertaining to the Program or these Terms will be resolved through binding arbitration except as otherwise provided for in the Molekule Site Terms.  You and Molekule also agree that disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  YOU AND MOLEKULE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  All such disputes shall be handled according to the dispute resolution terms and conditions set forth in the Molekule Site Terms, which shall govern in the event of a conflict with these Terms.

12. Privacy.

Unless otherwise indicated in these Terms, by registering for and/or otherwise participating in the Program, Members agree that Molekule will use the personal information collected about them in connection with the Program as set forth in Molekule’s Privacy Policy, and California Privacy Statement and Financial Incentive Notice.

13. Severability.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.