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Accessibility Statement

01

Privacy Policy

 

Privacy Policy

1. Introduction

Purpose. Molekule, Inc. (“Company”) provides products to help eliminate indoor air pollution. The purpose of this Privacy Policy is to describe how the Company collects, uses and shares information about you through 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”). The Site, the Products and the Apps are collectively called the “Services.” Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to reach out as described below.

Scope; Third Party Sites. This Privacy Policy applies only to information we collect at and through the Services. Our Site also contains links to third party sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personal information.

Information for Residents of California. If you are a California resident, please click here for a supplemental California Privacy Notice containing additional information about the processing of your personal information and the rights granted to you by California law.

2. Information we collect and how we collect it

The categories of personal information we collect depend on whether you are a customer, user or visitor and the requirements of applicable law.

Account Information. You can provide information to us through our Services when you register at the Site and/or create a Molekule account. When you create an account, we collect your e-mail address, name, address, and zip code. If you purchase our product, you will also be asked to provide your credit card or bank account information for purposes of processing payments for products, including any subscriptions for filter auto-refills, through the Payment section of our Website. We do not store your payment account information. Our third-party service provider, Stripe, collects and stores your payment information to provide payment processing services initially and through our filter auto-refills subscription services. If you choose to finance your purchase, you can provide credit application information directly to a third-party bank under their terms and privacy policy.

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:

We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our website through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a beacon allows us to record, for example, that a user has visited a particular web page. Cookies and similar technologies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Depending on your device or operating system, you may not be able to delete or block all cookies and you may not be able to block non-cookie technologies, and these browser settings that block cookies may have no effect on such techniques.

We use cookies to improve the quality of our Service, including for storing user preferences, tracking user trends, providing, monitoring and improving our Service, and providing personalized content and relevant advertising to you. (See, “Online Advertising and Third Party Tracking” below)

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.

We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.

3. How we use your information

We use information about you for purposes described in this Privacy Policy or disclosed to you on or in connection with our Services (e.g., through disclosures or consent mechanisms that may appear when you access certain services, features or applications). The ways in which we may use this information include:

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 Personalize Your Experience and Provide Advertising and Marketing Services. We may use information about how you browse and shop in order to show you ads for the Company or our advertising partners that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising and other content to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our site or third-party sites not owned by Company, or on other devices you may use.

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.

Our Services may include publicly accessible social media pages and private messaging features. By using such Services, you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes. In addition, social media buttons such as Facebook, Twitter and Instagram (that might include widgets such as the “share this” button or other interactive mini-programs) may be on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our site. Your interactions with these features apart from your visit to our site are governed by the privacy policy of the company providing it.

4. Information we share

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.

5. Your privacy rights and accessing and modifying your information and choices

You can access and update certain information we have relating to your account by signing into your account in the account or settings section of our Site or Apps. In addition, you can opt-out from receiving future marketing emails from us by using the unsubscribe link found at the bottom of the email. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding our Services, and you will not be able to opt out of those communications (e.g., communications regarding updates to our terms or this Privacy Policy).

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.

7. Services Not Directed to Children

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.

8. Retention

We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide, develop and improve our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

 

9. Security of your information

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-theftfor information about how to protect yourself against identity theft.

10. International privacy practices

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

11. Changes to our privacy policy

Our Privacy Policy may change from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we may also provide a more prominent notice (including, for certain services, email notification of privacy policy changes in accordance with applicable law and when we have a current email).

12. Questions and how to contact usIf you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please contact us:

  • via our Site here
  • by email at support@molekule.com
  • by mail at: 1301 Folsom Street, Attn: Legal Department, San Francisco, CA 94103 USA
  • By US toll-free phone: 1-855-999-9069

Privacy Policy Last Updated: January 1, 2020

02

California Privacy Notice

 

California Privacy Notice

Read the notice here.

03

Terms & Conditions

 

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.

Account Registration

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. By registering for or creating an account, you are agreeing to receive marketing emails from us.You can opt-out from receiving future marketing emails from us by using the unsubscribe link found at the bottom of the email.

Online Orders

You can purchase our Products via our Site. We use Stripe, a third party vendor, to process your payment.  When you click "Checkout”, your payment information will be handled by Stripe, which operates under a separate terms and conditions and privacy policy with respect to your online payment transaction.  We reserve the right to change payment processors from time to time.

Order Acceptance

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.

Delivery of Products

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.

Refund & Cancellation Policy

You have 30 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.

Molekule Filters, Automatic Refills and Account Portal 

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 ONE DAY 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 support@molekule.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.

Ownership of the Services

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.

License Rights

Rights in App Granted by Molekule

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.

Rights in Content Granted by Molekule

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.

Software Updates

Molekule may from time to time cause firmware updates to be automatically installed on your Product and update the Apps installed on your mobile device. These updates may include security or bug fixes, performance enhancements, or changes in functionality, and may be issued with or without prior notification to you. You hereby consent to such automatic updates.

General Prohibitions

You agree not to do any of the following:

  • Use, display, mirror or frame the Services or any individual element within the Services, Molekule’s name, any Molekule trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Molekule’s prior express written consent;
  • Access, tamper with, or use non-public areas of the Services, Molekule’s computer systems, or the technical delivery systems of Molekule’s providers;
  • Attempt to probe, scan or test the vulnerability of any Molekule system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Molekule or any of Molekule’s providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Molekule or other generally available third-party web browsers;
  • Use any meta tags or other hidden text or metadata utilizing a Molekule trademark, logo URL or product name without Molekule’s express written consent;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Violate any applicable law, rule or regulation; or
  • Encourage or enable any other individual, organization or entity to do any of the foregoing.

 

Links to Third Party Websites or Resources

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.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Feedback

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.

Added Benefits

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.

Export Policy and Restrictions

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.

Termination

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.

Product Warranties

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, visit Molekule at http://molekule.com/contact for return instructions. Molekule’s policy is to honor product warranties only on products purchased directly from Molekule or from authorized Molekule resellers, and only if accompanied by a receipt or proof of purchase.  A list of Molekule’s authorized resellers is available on Molekule’s website.  If you purchase a Molekule product from an unauthorized dealer or if the original factory serial number has been removed, defaced or altered, your Molekule product warranty will be deemed invalid. 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.

Medical Advice Disclaimer

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.

Limitation of Liability

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.

Dispute Resolution

Governing Law

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.

Agreement to Arbitrate

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.

Arbitration Rules

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.

Arbitration Process

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.

Arbitration Location and Procedure

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.

Arbitrator’s Decision

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.

Fees

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)).

Changes

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).

General 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.

Contact Information

If you have any questions about these Terms or the Services, please contact Molekule at support@molekule.com, or Molekule, Inc., Attn:  Legal Department, 1301 Folsom Street, San Francisco, CA 94103.

Terms and Conditions Last Updated:  January 23, 2020

04

Filters, Automatic Refills & Account Portal

 

Molekule Filters, Automatic Refills and Account Portal 

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 ONE DAY 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 support@molekule.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.

05

Sweepstakes Official Rules

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state, and local laws, regulations, and ordinances. Giveaway begins on 6/4/20 at 12:01 AM PT and ends on 6/10/20 at 11:59 PM PT (the “Giveaway Period”). Sponsor’s computer is the official time keeping device for this Giveaway. This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Amazon.com, Inc.

 

1. Eligibility: The Molekule Amazon.com Gift Card Giveaway (the “Giveaway”) is open to legal U.S. residents currently residing in the 50 United States and the District of Columbia who are 18 years of age or older (19 years of age or older if a resident of AL or NE; 21 years of age or older if a resident of MS) as of the date of entry. Employees, officers, and directors of Molekule, Inc. (“Sponsor”) or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, or web masters (collectively, the “Sponsor Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway and which Sponsor may decide in its sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.

 

2. Sponsor: Molekule Inc., 1301 Folsom St, San Francisco, CA 94103.

 

3. How to Enter: Complete the survey sent via email on 6/4/20. The individual associated with the completed survey will automatically be entered with one (1) entry into the Giveaway.

 

LIMIT ONE (1) ENTRY PER PERSON/EMAIL ADDRESS. Sponsor will not be responsible or liable for failure to receive entries due to transmission failures or technical failures of any kind, including without limitation, electronic malfunction of any network, hardware or software. Proof of submission does not constitute proof of entry. Sponsor reserves the right in its sole discretion to cancel or suspend the Giveaway should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Giveaway. In the event of cancellation, the prize will be awarded in a random drawing from among all eligible entries received prior to cancellation.

 

Use of any automated or bulk system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address associated with the account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.

 

Entries not in compliance with these Official Rules will be disqualified, in Sponsor’s sole discretion. Entries generated by a script, macro, bot or any other automated means will be deemed void. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.

 

You are providing your information to Sponsor and not to any other entity.

 

4. Winner Selection: Potential prize winners will be selected by random drawing on or about 6/12/20 from among all eligible entries received during the Giveaway Period. The odds of winning depend on the total number of eligible entries received. Sponsor reserves the right to verify that the potential winners are eligible and qualified to receive a prize and may revoke any prize awarded or designated to a person found ineligible. A participant is not a winner of any prize, even if the entrant receives notification stating her or she won, unless and until participant’s eligibility has been verified and participant has been notified that verification is complete.

Attempts to notify potential winners will be made by the Sponsor via the email address used to complete the customer survey. Potential winners will be required to contact Sponsor via email response within seven (7) days of attempted notification. Sponsor is not responsible for any change of email address of entrants. In the event of non-compliance with these Official Rules, or if a prize notification or prize is unclaimed or returned as undeliverable, the prize will be forfeited and an alternate winner may be selected at random from among all remaining eligible entries. 

5. Prizes: 10 winners will each receive one (1) Amazon.com Gift Card code for seventy-five dollars ($75.00 USD). The total approximate retail value of all prizes to be awarded is $750 USD. LIMIT ONE (1) PRIZE PER PERSON AND PER HOUSEHOLD.

 

Sponsor will not replace any lost or stolen prizes.

All federal, state and local taxes on the prize are the sole responsibility of the winners. No substitutions or other alternative is available, except that Sponsor may substitute a prize of equal or greater value should a prize item become unavailable. Prizes are non-transferable and non-assignable. Prizes by third-party vendors may be shipped by a third-party and not Sponsor.

Only the number of prizes stated in these Official Rules is available to be won in the Giveaway. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

 

6. General Conditions: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Sponsor’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.

 

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Giveaway, and/or the legitimate operation of the Giveaway; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.

Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor. If, for any reason, the Giveaway cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Giveaway and modify the Giveaway to address the impairment, then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

 

7. LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS GIVEAWAY, PARTICIPANT AGREES THAT AMAZON.COM. AND THE SPONSOR ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZES, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE SPONSOR ENTITIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING WITHOUT LIMITATION AN EPIDEMIC OR PANDEMIC) OR TERRORISM. BY PARTICIPATING IN THIS GIVEAWAY, PARTICIPANT AGREES THAT THE SPONSOR ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE WEBSITE AND ALL PRIZES, 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, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

8. WINNER PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE GIVEAWAY CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE SPONSOR ENTITIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, TESTIMONIALS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

 

9. Disputes: This Giveaway is governed by the laws of the United States. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway not to exceed fifty US Dollars (US$50.00), but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California , without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS.

 

10. Privacy: Use of information collected in connection with this Giveaway is governed by Sponsor’s Privacy Policy: https://molekule.com/legal

 

11. Official Rules and Winner List: For a copy of these Official Rules, visit https://molekule.com/legal#giveaway. For a copy of the list of winners, send a self-addressed stamped envelope by 8/31/20 to: 1301 Folsom St, San Francisco, CA 94103.

 

Questions regarding this Giveaway should be directed to Sponsor by sending your question to support@molekule.com.

06

Patents

 

Molekule’s technology is covered by multiple U.S. and foreign patents, including those set forth below.

7,063,820

9,889,221

10,137,216

7,371,351

7,635,450

D829312

CN201730572514.9

EM004502144-0001

KR30-098063