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 need to 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. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your automatic refill in accordance with the instructions included in that email or below. If you do not cancel your auto refill in advance, your refill will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.

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 atsupport@molekule.comor 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 to the extent made available for such purpose(s) 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.

Marketing Communications via Text Message

If you elect to receive marketing text messages from us, such as by signing up for text messages via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co . In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of those Text Messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing. Text Messages unless you also unsubscribe via the above procedures.

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 https://help.molekule.com/hc/en-us/requests/new 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.) 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:  May 24, 2022