- ACCEPTANCE OF TERMS
We reserve the right to modify the Agreement from time to time without prior notice to you. You can know if these Terms and the other components of the Agreement have been changed by referring to the date at the top of each posted document. It is your exclusive obligation to review the Agreement carefully. Please do so. If you do not agree to be bound by all provisions, do not purchase any products from the Website and please exit the Website promptly. Your continued use of this Website after such changes will constitute acknowledgement and acceptance of the modified Agreement. You should review the Agreement regularly for any changes. All questions, inquiries or notices should be directed to:
FXI, Inc. dba Molecule
100 Matsonford Road
5 Radnor Corporate Center, Suite 300
Radnor, PA 19087-4560
When you transact any business with Molecule, including but not limited to your placing any order on the Website, you expressly acknowledge that this Agreement is enforceable and legally binding, and that it provides the binding terms and conditions for your use of the Website and the purchase of any Products. In submitting any order for any Product, you expressly certify that you read, understood, and agree to be bound by all of the provisions of the Agreement.
Molecule is making this Website available solely for the purpose of enabling you to browse, gather information on, and purchase the Products described on this Website. We reserve the right to change the description of our Products or to discontinue offering any of our Products at any time and without notice, and to exercise this right however we determine to be necessary or appropriate. If you have a question about this Website or Products available to you for purchase on this Website, please contact Molecule. By using this Website to purchase Products, you agree you will use the Products only for personal use and not for any commercial, illegal or improper purpose.
Molecule reserves the right to limit the sales or quantities of sales of our Products to any person, geographic region or jurisdiction, and to exercise this right on a case-by-case basis as determined to be necessary or appropriate.
- INTELLECTUAL PROPERTY
All of the content and material used in constructing this Website and that you see and hear on this Website is subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws, with all rights thereto owned by Molecule. Use of any content or material on this Website without prior written authorization by Molecule is strictly prohibited and may subject you to liability.
For purposes of these Agreement, “content and material” is defined as any information, text, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed or heard by users on our Website, including the design, selection and arrangement thereof. All content and material of this Website is owned by Molecule. You are granted the limited permission to use this Website only as stated in these Terms.
MOLECULE® is a registered trademark of FXI, Inc. You must not use trademarks, logos, product and service names, designs, and slogans that appear on our Website without the prior written permission of Molecule.
Digital Millennium Copyright Act (17 U.S.C. §512): Molecule has not taken and will not take content from you or any third party unless it has been assigned to Molecule pursuant to law. However, if you are a copyright holder and have a good faith belief that any content or material posted on this Website infringes your copyright, please send to us at the address provided in our Contact Information set forth herein your written notification of claimed infringement requesting the alleged infringing material to be removed or blocked. Your written notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material); (c) Your contact information so that we may contact you about your notice (including at minimum, your address, telephone number, and email address); (d) A statement that you have a good faith belief that the use of the material identified above in “(b)” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (f) Your signature. Prior to sending us notice, you may wish to consult a lawyer to determine your rights and legal obligations under applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a written notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Website without liability to you or any other party.
You understand and agree that Molecule assumes no liability or responsibility for any third-party content or material of any kind that is submitted to or posted on the Website by you or by any other users or third parties, and that for third party content or material Molecule is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
- USE OF WEBSITE
This Website is being made available solely for your personal use only for browsing and purchasing our Products and communicating with us. You may NOT use this Website or its content and material: (a) for any other commercial purpose; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the Internet; (i) to collect or track the personal identification information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of this Website or any related website, other websites, or the Internet.
You may NOT resell or make commercial use of this Website, any of its content and material, or any of the Products. You may NOT modify, adapt, translate or convert into another form any portion of this Website. You may NOT copy, reproduce, download, display, perform, transfer, transmit or publish any of the content and material of this Website by any means or in any form, other than for your own personal use. You may NOT access this Website from any jurisdiction where doing so would be illegal. You agree to use this Website only for its intended purpose and in a manner that is authorized. Without intending any limitation of the above prohibitions, you agree to comply with all laws pertaining to privacy, data collection and protection, intellectual property, contract, and other applicable laws, including, but not limited to, those laws in the jurisdiction in which you reside or from which you use this Website, and you agree not to transmit any worms, viruses or any code of a destructive nature. We reserve the right to terminate your authorization to use this Website should you violate any of the prohibited uses.
If you know of, or suspect, copyright or trademark infringement or other unauthorized or improper use of the content and material of this Website by others, including but not limited to uses for commercial purposes, please notify Company at the address provided in our Contact Information set forth herein.
If the Website contains links to other sites and resources provided by third parties, these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide toaccess any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- BILLING AND ELECTRONIC SIGNATURE
You agree to timely pay the purchase price and related Shipping and Handling costs (if any) when such sums are due and owing as consideration for Company’s sale and delivery of the Products to you. The Website provides various pay options for your convenience, including credit card, debit card, and Paypal. When you submit any order through the Website, you will be required to type your name. This constitutes your electronic signature, and it is your verification that your name, address, and billing information is correct, and that you have read, understood, and agree to be bound by this Agreement.
YOU AGREE THAT THE COMPANY MAY RELY UPON YOUR TYPE-WRITTEN ELECTRONIC SIGNATURE AS CONFIRMING YOUR AGREEMENT TO PURCHASE THE PRODUCTS ORDERED AND TO BE BOUND BY THIS AGREEMENT.
You also acknowledge and agree that the Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both of these laws specifically preempt all state laws that recognize only paper and handwritten signatures, which state laws shall hereby be deemed waived by you.
All Products that you purchase from the Company are subject to the terms of this Agreement, and the risks of loss and title for such Products pass to you upon the Company’s delivery of the Products to the carrier for your benefit. This means that title to the Products legally transfers to you, and that you bear the risk of loss of the Products during shipment. Nothing herein requires you to pay shipping costs that are not clearly communicated to you at the time of purchase.
- PAYMENT AND SHIPPING
The prices for the Products are displayed on the Website, and Company will take reasonable efforts to make sure those prices are accurate. However, the prices displayed to you are subject to change at any time. Also, the displayed prices do not include applicable taxes. Any change in prices and any sales tax will be communicated to you before you complete your order. All transactions will be in U.S. dollars. The Products you order will be shipped to the address you state during the check-out process. There will be no undisclosed additional charge for shipping or handling.
You agree to provide current, complete and accurate information for all purchases made using this Website. If information you provide is incorrect, you agree to promptly update your information, including without limitation your email address, billing address, telephone number, and credit card number and expiration date, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel orders that, in our judgment, appear to be placed by dealers, resellers or distributors for resale rather than for personal use, or for use in any of the prohibited ways listed herein. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer, billing or shipping addresses, or credit card. In the event that we make a change to or cancel an order, we may attempt to notify you using the e-mail address and/or billing address/phone number provided at the time the order was made.
For details about returns, please review the Molecule Return/Exchange and Refund Policy which by this reference is incorporated herein. You are required to carefully read the Molecule Return/Exchange and Refund Policy prior to transacting any business with Molecule as part of this Agreement.
- PRE-SHIPMENT CANCELLATION
You may cancel your order at any time prior to shipment of the purchased Products by contacting Molecule via email at email@example.com with the Subject Heading “Order Cancellation.” Any order that has already been shipped may not be canceled in this manner and is subject to the posted Return/Exchange and Refund Policy.
For purchases made in or delivered to New Jersey:
The merchandise you have ordered is promised for delivery to you within 3 weeks. If the merchandise ordered by you is not delivered by the promised delivery date, Molecule must offer you the choice of (1) canceling your order with a prompt, full refund of any payments you have made, or (2) accepting delivery at a specific later date.
Most of our products are accompanied by a limited warranty. The various applicable Limited Warranties set forth Molecule’s warranties for each Product, and by this reference The Limited Warranties, are incorporated herein. There is no guarantee or warranty that is not provided therein. You are required to carefully read the Molecule Warranty applicable to your Product prior to transacting any business with Molecule as part of this Agreement.
Also, by your Submissions, you represent and warrant that the content is your own original content and that no other person has any rights thereto. You represent and warrant that your Submissions do not and will not violate any right(s) of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of this Website or any related website. You may not use false personal identification information, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your Submissions. You are solely responsible for the Submissions you make and their complete accuracy.
Any content that you post to the Website will be considered non-confidential and non-proprietary. By posting to the Website, you grant us and our affiliated companies and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties the posted material for any purpose.
Regarding Submissions, Molecule invokes Section 230 of the Communications Decency Act (47 U.S.C. § 230) (hereinafter “CDA”). Molecule advises users of its Website that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Pursuant to the CDA, Molecule takes no responsibility and assumes no liability for any Submissions you make to us. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any third-party’s intellectual property rights or these Terms.
ALTHOUGH MOLECULE TAKES REASONABLE EFFORTS TO VERIFY THE CONTENT OF THIS WEBSITE, WE DO NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY OR RELIABLE, OR THAT THIS WEBSITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE AND PRODUCTS OFFERED AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE CONTENT OF THIS WEBSITE OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND MOLECULE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED ON THIS WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO THE MOLECULE WARRANTY, MOLECULE MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
WE ARE NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY RELATED TO YOUR USE OF THIS WEBSITE. YOU AGREE TO RESOLVE ANY DISPUTES WITH THIRD PARTIES DIRECTLY WITH SUCH PARTIES, AND YOU AGREE NOT TO INVOLVE MOLECULE IN ANY DISPUTE WITH THIRD PARTIES. YOU RELEASE MOLECULE FROM ALL CLAIMS, DEMANDS AND DAMAGES RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES.
WE MAKE NO PROMISES AND DISCLAIM ALL LIABILITY FOR USE OF THIS WEBSITE OUTSIDE THE UNITED STATES AND CANADA.
- LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT, YOUR USE OF THIS WEBSITE, AND YOUR PURCHASE AND USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THIS WEBSITE. For specific warranties related to your Product, please consult the applicable Limited Warranty.
IN NO EVENT SHALL MOLECULE OR ANY LICENSOR OF MOLECULE, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY HARM, PERSONAL INJURY, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR INABILITY TO USE THIS WEBSITE, AND/OR THE PURCHASE AND/OR USE OF ANY PRODUCT. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THESE TERMS, YOUR SOLE REMEDY AND EXPRESS OBLIGATION IS TO STOP USING THE WEBSITE. DO NOT MAKE ANY PURCHASES FROM THE WEBSITE. IN THE EVENT YOU FAIL TO STOP USING THE WEBSITE AND CLAIM SOME INJURY AS THE RESULT, YOU AGREE TO INDEMNIFY AND HOLD MOLECULE HARMLESS FROM ANY AND ALL LOSSES OR DAMAGE, INCLUDING ATTORNEY’S FEES INCURRED BY MOLECULE IN DEFENSE OF ANY ACTION INITIATED BY YOU OR A THIRD PARTY.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND YOU AGREED TO THESE EXCLUSIONS AND LIMITATIONS TO THE EXTENT PERMITTED BY LAW. BY USING THIS WEBSITE OR TRANSACTING ANY BUSINESS WITH MOLECULE, YOU EXPRESSLY AGREE TO THE JURISDICTION OF ARBITRATION PANELS AND COURTS OF THE COMMONWEALTH OF PENNSYLVANIA AND THAT PENNSYLVANIA LAW GOVERNS YOUR RELATIONSHIP WITH MOLECULE.
You agree to defend, indemnify, and hold Molecule (and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website, your breach of this Agreement or your violation of any law or the rights of a third-party. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- INTERNATIONAL USE
Although this Website may be accessible worldwide, we make no representation that Products available on this Website are appropriate or available for use in locations outside the United States and Canada. Those who choose to access this Website from outside the United States and Canada do so on their own initiative and at their own risk. If you choose to access this Website and to purchase Products, you are responsible for compliance with local laws in your jurisdiction, including but not limited to protection of personal identification information and the taxation of products purchased over the Internet. Any offer for sale of Product made in connection with this Website is void where prohibited. Molecule reserves the right to refuse or rescind the purchase of Products from locations outside the United States and Canada. Where a purchase outside the United States or Canada is allowed to occur, Molecule reserves the right to modify or void any or all refund and warranty policies.
- DISPUTE RESOLUTION POLICY
For purposes of the Dispute Resolution Policy, a “Dispute” is defined as any controversy, claim, dispute, or difference arising between you and Molecule out of or relating to this Agreement, the Products (including your use thereof), your transacting business with Molecule in any way, or your use of the Website in any way.
Any Dispute, including all statutory claims and any state or federal claims, shall be resolved solely and exclusively by arbitration by the American Arbitration Association to be held in Philadelphia, Pennsylvania with a single disinterested arbitrator and pursuant to Pennsylvania law. Judgment on the award rendered by the arbitrator may be entered in any state or federal court of Pennsylvania having jurisdiction thereof.
You expressly acknowledge that arbitration does not permit class action proceedings, and by entering into this Agreement, you expressly waive any right to participate in a class action proceeding, either as a representative, participant, or member, and you expressly agree to proceed in a non-class arbitration. Except as may be required to enforce an arbitration decision, you and Molecule expressly waive any right to file any legal action in any other state or federal court or before any other tribunal, and any right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration except as described in the Indemnification section, above.
- GOVERNING LAW
This Website and all Disputes as defined above shall be controlled by the laws of Pennsylvania and the United States, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of Arbitration and Courts located in Pennsylvania with respect to any claim arising in any way out of your use of the Website, your purchase of any Products, your use of any Products, and/or your transaction of any business in any way with Molecule.
Notwithstanding anything to the contrary, sales made outside the Commonwealth of Pennsylvania or the United States are agreed by you to be made at your initiative and request and are not intended by Molecule to be a voluntary submission to the personal jurisdiction of the courts in those locations.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to Molecule at the address in our Contact Information set forth herein. You agree to allow us to submit notices to you either through the email address provided, or to an address we have on record. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email.
- FORCE MAJEURE
In addition to any excuse provided by applicable law, Molecule shall be excused from liability for non-delivery or delay in delivery of Products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- SAVINGS CLAUSE AND SEVERABILITY
If any part of this Agreement is held unlawful, void, invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Agreement, and the remaining portions shall remain in full force and effect.
- NO WAIVER
Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision. Our rights and remedies under this Agreement is cumulative, and the exercise of a right or recovery of a remedy shall not limit or prevent our exercise of another right or recover another remedy allowed under these Terms.
Also incorporated into this Agreement by reference as if fully set forth herein are the following:
- MOLECULE RETURN/EXHANGE AND REFUND POLICY
- MOLECULE LIMITED WARRANT(IES)
- ACCEPTANCE OF AGREEMENT
The content contained in this Agreement, and the analyses, opinions, research, and any other information provided by or through the Website, through Customer Support, or through any other agent of the Company may be updated or amended from time to time, in whole or in part, without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued access or use of the Website, or receipt of new Products shall constitute your acceptance of all of the Terms and Conditions posted at the time of those specific transactions. You agree to regularly check the Website for such updates or amendments.
- TRY BEFORE YOU BUY
If you purchase a MOLECULE Product using our Try Before You Buy offer, you get thirty nights (the “Trial Period”) to try our product for free. Please note that the Trial Period starts on the day you place your order, not the day you receive it.
When you check out with a Molecule Product from our Try Before You Buy Offer, we will verify the credit card information by placing an authorization for the full amount of purchase on the credit card you provide to us. This hold is for security purposes and you will not actually be charged until the end of your 30 nights trial. If you are dissatisfied for any reason, you can initiate a return before the end of the 30 nights. If you decide that the MOLECULE Product does not meet your expectations, you can easily return the Product within the 30 nights. To initiate a quick and easy return, email us at firstname.lastname@example.org or chat with us on our website.
If you initiate a return near the end of your Trial Period, your credit card may be charged when your trial ends, even if your MOLECULE Product is in transit back to us. Your order will be fully refunded once we receive your return.
You agree to return the Try Before You Buy Product to us in its original condition within the Trial Period. If the Trial Period ends, and the return has not been initiated, or the Product is returned damaged, we will charge your credit card for the full amount of the Product that has not been returned or is damaged.
That means this charge applies to the Product that you decided not to keep even if that Product is lost, stolen or damaged. By submitting your Try Before You Buy order, you authorize MOLECULE to charge your card for the full retail price of each Product as displayed on our Website, plus sales tax where applicable, if you do not return your Try Before You Buy Product according to the guidelines in this section.
If you decide to purchase the Product you received during the Trial Period, no further action is required. Simply keep using your Product.
Copyright © 2018-2023. FXI, Inc. All Rights Reserved.
Effective as of: March 18, 2018
Last updated: May 16, 2023
Last Updated May 16, 2023
Please carefully read the information below.
You acknowledge that this Policy is designed to be read in connection with the Terms and Conditions, and that by accessing or using our Website, you agree to be bound by the Terms and Conditions and this Policy.
If you have any questions about this Policy, please contact us. Contact information is provided in the Terms and Conditions and is repeated below.
IMPORTANT: BY USING THE WEBSITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
- TYPES OF INFORMATION WE COLLECT
When you browse our Website, we automatically receive non-identifiable aggregate information about your computer’s internet protocol (IP) address and the type of computer and web browser you use. When you purchase Products from our Website as part of the buying and selling process, we collect the personal identification information you give us such as your name, address, email address, telephone number, and credit card payment information. We may also collect whatever types of information about you that you provide to us when you communicate with us.
- HOW WE COLLECT AND USE INFORMATION
Consent: We do not collect any information about you unless you voluntarily provide it to us by visiting our Website, completing a transaction on our Website for the purchase of our Products, or communicating with us. When you use our Website and engage in a transaction, you consent to our collecting and using your information to complete the payment, deliver purchased Products, communicate with you regarding the transaction, enhance the operation of our Website, improve our internal marketing and promotional efforts, statistically analyze Website use, improve our product offerings, and customize our Website’s content, layout, and services. When you provide your personal contact information, such as your email address, you are giving your affirmative consent to receive promotional communications from us. We may use this information to deliver newsletters, promotional offers and other useful information to you. If you change your mind after you provide your affirmative consent, you may withdraw your consent on the Website or by contacting us (see Contact Information below) with an unsubscribe notice. If we send you any commercial communication via email, we will also provide an unsubscribe mechanism therein. Please allow up to 10 days for us to process any unsubscribe request. Finally, we may use the information you provide to us to send you non-promotional notices, resolve disputes, troubleshoot problems and enforce our agreements with you, including our Website Terms and Conditions of Use, and this Policy.
Third-Party Services: We have made contractual arrangements with affiliates, service providers, partners and other third parties (“Service Providers”). Our Service Providers may need to use some of your information in order to perform tasks between our respective sites and to deliver products or services to you or to us. For example, we must release your credit card information to the card-issuing bank to confirm payment for Products purchased on the Website, release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service. Other Service Partners include third parties who operate and maintain our Website and provide marketing services. In general, the Service Providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to you or us. However, certain third-party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies governing the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction other than either you or us. So if you elect to proceed with a transaction, then your information may become subject to the laws of the jurisdiction(s) in which that Service Provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. We will encourage our Service Providers to adopt and promote strong privacy policies. However, the use of your information by our Service Providers is governed by the respective privacy policies of those providers, and is not subject to our control. Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the policies or practices of Service Provider or any other third parties.
Sale of Business: If Molecule or this Website is acquired or merged with another company, your information will be transferred to the new owner(s).
Disclosure: We will not sell, trade, or rent your information to others. However, occasionally we may be required by law enforcement or judicial authorities to provide your information to the appropriate governmental authorities. In such cases, we will disclose your information only to the extent necessary upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may disclose your information as necessary if you violate our Terms and Conditions of Use or this Policy.
- THIRD PARTY PIXELS AND COOKIES
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Website may not function properly if you elect to disable cookies.
When you visit our Website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or Service Providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting: https://app.retention.com/optout .
- YOUR ACKNOWLEDGMENT
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal identification information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
- AGE OF CONSENT
You must be at least 18 years old to have our permission to use this Website to purchase Products. Our policy is that we do not knowingly collect, use or disclose information about minor visitors. If you use our Website to make a purchase, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence or that you are the age of majority under the laws of the jurisdiction of your place of residence and you have given your consent to allow any of your minor dependents to use this Website to make a purchase. Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information about those we actually know are under 13.
- CALIFORNIA RESIDENT INFORMATION SHARING DISCLOSURE REQUESTS
If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom the Company or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at FXI, Inc., Attn: Molecule, 100 Matsonford Road, 5 Radnor Corporate Center, Suite 300, Radnor, PA 19087-4560 or by email: email@example.com . We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days.
- INTERNATIONAL USERS
If you use our Website from outside the United States to purchase Products you will be transferring data to us in the United States, and your use will constitute your unambiguous consent and agreement that the transfer is freely given in compliance with the laws of the country where you are accessing and using our Website. Prior to making a purchase, you may wish to consult a lawyer to determine your rights under applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. You have the right to not make a purchase and to stop using this Website, and to contact us to remove any personal identification information we may have received from you during your prior use of this Website.
- CONTACT INFORMATION
If you would like to know what personal identification information we received from you, to correct, amend or delete that information, to register a complaint, or to simply receive more information about this Policy, please contact us at:
FXI, Inc. dba Molecule
100 Matsonford Road
5 Radnor Corporate Center, Suite 300
Radnor, PA 19087-4560