PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLYBEFORE USING THE SERVICE OR THE SITE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOLECULEMARKER. CERTAIN SERVICES OFFERED THROUGH THE SITE MAY CONTAIN OR REQUIRE YOU TO ACCEPT ADDITIONAL TERMS. CERTAIN CAPITALIZED WORDS ARE DEFINED TERMS AS SET FORTH IN ATTACHMENT 1.
MOLECULEMARKET SERVICE TERMS OF USE
- Acceptance
These are the Terms of Use governing use of the Service and apply to all Purchasers, Sellers, and Users that access or use the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use and the Privacy Policy. If You disagree with any part of these Terms of Use or the Privacy Policy, do not access or use the Service. If You are under the age of 18, You may not access or use the Service. You accept and agree to these Terms of Use on Your own behalf or on behalf of Your Organization as its authorized legal representative by
- Checking the box displayed along with these Terms of Use;
- Clicking “agree” or “accept” or a similar button when presented with these Terms of Use; or
- By accessing or using the Service in any way.
2. Use of the Service; Registration.
2.1 Use of the Service. MoleculeMarket provides a Service where Sellers of chemical products can create listings to sell their Products, where Users who visit the Site can learn about Sellers’ listings, and where Buyers can purchase Products from Sellers. While MoleculeMarket oversees the activities on the Service, MoleculeMarket is not directly involved in or otherwise a party to any transactions that may take place between the Sellers, Buyers, or Users. MoleculeMarket takes reasonable precautions to screen Buyers and Sellers, as well as the items offered through the Service. However, MoleculeMarket cannot guarantee the quality, safety, legitimacy, morality, sufficiency, or legality of the Sellers’ listings or any claims made by Sellers, the truth or accuracy of the listings created by Sellers, the ability of Buyers to pay for Products, the ability of Sellers to sell Products, the ability of the Sellers to fulfill an Order, or the identity or nature of Sellers, Buyers, or Users. BY USING THE SERVICE, AND TO THE EXTEND PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT MOLECULEMARKET HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR PRODUCTS POSTED BY ANY SELLER, BUYER, OR USER OF THE SITE. YOU MAY USE THE SITE SOLELY AT YOUR OWN RISK.
2.2 Registration and Eligibility. If you intend to buy or sell Products through the Service, You are required to register as a Purchaser or Seller. The registration requirements may differ between Purchasers and Sellers and You may be required to complete separate registrations as a Purchaser and Seller. Approval as a Purchaser does not guarantee that you will be approved as a Seller, and approval as a Seller does not guarantee that You will be approved as a Purchaser. MoleculeMarket reserves the right to reject You as a Purchaser or Seller, or both, in its sole discretion for any reason or no reason at all. In addition, MoleculeMarket may change, suspend, limit, or discontinue Your access to or use of the Service at any time in its sole discretion without notice or liability. To the extent that You choose to access or use the Service, You do so at Your own initiative and agree to use the Service only as permitted in these Terms of Use, any policies or guidelines communicated to You by MoleculeMarket, and any applicable laws or regulations.
2.3 User Accounts. When You create an account with Us, You must provide Us information that is accurate, complete, and current, and keep said information up to date. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of Your Account. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.In setting up Your Account,You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
3. Changes and Availability of the Service.
We may from time to time in our sole discretion develop and provide updates to the Site, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be subject to the terms of the Terms of Service, unless otherwise provided in terms associated with such Update. We reserve the right, at any time, to modify, suspend, or discontinue Service or any part thereof without notice. You agree we will not be liable to you or any third party for any modification, suspension, or discontinuance of Service or any part thereof.
4. Terms Applicable to Sellers.
4.1 Orders. By offering Products for sale through the Service, You represent and warrant that You are legally capable of entering into binding contracts for the sale of the Products found in your order. You further represent and warrant that: (i) You have the legal right to receive payment in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
4.2 Compliance. As a Seller, You represent and warrant that You will not sell or offer to sell any Products through the Site that (i) are illegal to be possessed, bought, or sold where You reside.
4.2 Specific Product Terms. Products not available to ship are to be updated in supplier dashboard to avoid writing orders that cannot be fulfilled.
4.4 Product Integrity. Products sold require that they as represented regarding supplier listing with respect to purity, quality as well as all pertinent data.
4.5 Response Time. In the event that buyers request additional information or need to contact seller, seller is required to respond within 48 hours. This applies as well to cancellations and claims.
4.6 Shipping. Orders are required to be shipped within lead time provided in the Product listing. Though every effort is made to ship within specified lead time, Molecule Market cannot be held responsible for delays incurred as a result of weather, power losses, or any unforeseen issue. Order for multiple products from same Supplier may have different lead times. Moleculemarket default order shipping policy is to have multiple products from same Supplier ship together unless we have specific instructions from Buyer. This may incur different lead times than specified on the product listing. Products are also expected to ship in appropriate packaging materials to ensure the safe and compliant transport of the products to their destination. The responsibility for insufficient packaging and any adverse consequences belongs to the Seller. Products not available to ship are to be updated in supplier dashboard to avoid writing orders that cannot be fulfilled.
4.7 Quality Standards. As a Seller, you expressly agree to abide by the quality and service standards set by MoleculeMarket when offering Products for sale through the Site, fulfilling Products that are bought by Buyers, or otherwise using the Site. The quality standards are set by Molecule Market in its sole discretion. To maintain high levels of website experience, Product integrity, and service, You as a Seller agree that MoleculeMarket may evaluate You on Your and derive performance metrics based on how You fulfill your responsibilities as a Seller. These performance metrics may include, but are not limited to, the accuracy of Your listings on the Site or in the Seller dashboard (including maintaining accurate inventory), the timeliness in fulfilling orders, or the quality or purity of the Products that are offered or sold by You.
4.8 Authorization. Each Seller authorizes and appoints MoleculeMarket as its agent for the limited purpose of receiving, holding, and settling payments to Seller. MoleculeMarket will settle payments that are received by MoleculeMarket to each Seller, less any amounts owed to MoleculeMarket and subject to this Addendum and the Agreement. Each Seller agrees that a Buyer payment received by MoleculeMarket, on behalf of Seller, satisfies the Buyer’s obligations to make payment to Seller.
4.9 Remedies. Your failure in performing your responsibilities under these Terms of Use may result in injury to MoleculeMarket or the Buyer of Your Product. MoleculeMarket reserves the right to charge back the costs associated You’re your actions or Products that do not meet these quality standards. These costs may include the costs associated with the Products sold, replacement fees, transaction fees, shipping fees, or other expenses or fees associated with the transaction. In addition, MoleculeMarket reserves the right, in its sole discretion, to terminate your access to the Site and remove your account after two instances of behavior that do not comply with these Terms of Use. market may opt to impose fees to cover the costs of remedies.
4.10 Hazardous Materials. Molecule Market allows the sale of hazardous materials. However, suppliers who post hazardous products will be required to fulfill their orders using their certified authorized carrier accounts. Supplier also agrees that when shipping hazardous products, all packaging, materials, documentation, classification, labeling, markings etc will be in compliance with government regulations to transport hazardous products both domestically and internationally according to U.S. Department of Transportation (DOT) and the International Air Transport Association (IATA). Hazardous products must be packaged properly and shall be suitably prepared by the supplier in accordance with good commercial practices, to preserve and protect them in a manner acceptable to common carriers for shipment, insuring their safe arrival to final destination and in compliance with all applicable laws. Supplier assumes full responsibility to properly represent hazardous products on our platform. Supplier assumes all responsibility and liability from claims arising from improper packaging, handling and shipping hazardous products. Breach of the foregoing restriction may result in fees or other penalties including, but not limited to, termination of the Supplier account.
4.11 Restricted Materials. Molecule Market does not allow the sale of any restricted products. Supplier agrees to avoid posting any restricted products. It is Supplier’s responsibility to avoid posting any restricted products. Supplier assumes all responsibility and claims arising from engaging in this activity. Breach of the foregoing restriction may result in fees or other penalties including, but not limited to, termination of the Supplier account.
5. Terms Applicable to Buyers.
5.1 Orders. By placing an Order for Products through the Service, You represent and warrant that You are legally capable of entering into binding contracts for the purchase of the Products found in your order. You further represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
5.2 Compliance. As a Buyer, You represent and warrant that You will not purchase any Products through the Site that are illegal to be possessed, bought, or sold in Your territory regardless of the existence of said Products on the Site.
5.3 Your Information. If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. Your Order information may be used by MoleculeMarket in accordance with the Privacy Policy.
6. Order Processing; Shipping.
6.1 Processing. Within 3 business days after the later of (i) confirmed acceptance of delivery by the applicable Buyer, and (ii) MoleculeMarket’s receipt of payment from the Buyer, MoleculeMarket will credit the Product Price and, if applicable pursuant to the shipping policy, any shipping and handling fees due to the Seller, by way of electronic funds transfer to Seller’s bank account information provided by the Seller at the time of Seller’s account setup. Deposits into a Seller’s bank account will generally be credited within three (3) to five (5) business days from the date MoleculeMarket initiates the deposit request. The actual timing of the deposit may depend on how quickly a Seller’s bank processes the request.
6.2 Final Price. The final price of any Product listed by the Seller on the Site and paid by the Buyer for any such product will be an amount including all of the following (collectively, the “Final Price”): (i) the price of the product established by the Seller and quoted to MoleculeMarket (the “Product Price”), (ii) a markup determined by MoleculeMarket representing MoleculeMarket’s compensation and fees for Seller’s use, listing, and transactions on the Site, (iii) any applicable taxes, and (iv) shipping and handling fees for delivery of the product in accordance with the shipping policy.
6.3 Price Policy. All prices of Products offered through the Service are set directly or indirectly by the Seller. MoleculeMarket does not set the prices and Seller has exclusive control over price changes. The prices quoted may be revised after accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Seller. In that event, You will have the right to cancel Your Order before any shipping costs or other transactional fees have been incurred.
6.4 Payments. All Products purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as credit cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
6.5 Product Safety and Compliance. For particular safety or compliance information relating to a Product, MoleculeMarket Buyers, Sellers, and Users may contact CHEMTREC at www.chemtrec.com, by emailing [email protected], or by calling 1-800-262-8200 within the United States or +1-703-741-5500 outside of the United States.
7. Order Cancellations.
7.1 By Buyers. Buyers may cancel an Order only before it has been shipped or synthesized to fulfill an order. Note that many of our suppliers ship orders or begin product synthesis to fulfill orders on the same day the order is received and buyer may not be able to cancel. Once an order is shipped or produced, it cannot be canceled for any reason. All sales of Products that have shipped are final unless you have a valid claim for a refund under the Refund Policy. If You have a dispute with Your Order, You may seek a refund pursuant to these Terms of Use and the Refund Policy. Please read our Refund Policy to learn more about your rights to receive a refund. For refunds or cancelled orders, We will reimburse You no later than 14 business days from a valid Order cancellation, less any fees incurred in processing the Order before cancellation. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement. You will not have any right to cancel an Order for the supply of any Products made to Your specifications or clearly personalized, even if the Order has not yet shipped.
7.2 By MoleculeMarket. MoleculeMarket reserves the right to cancel Orders that we believe to be high risk, fraudulent, or in violation of the Agreement, provided however that, MoleculeMarket is not responsible in any way to the Seller if a Buyer does not make payment for the purchase of a legitimate product sold on the Site (e.g., where the Buyer used a stolen or unauthorized credit card).
8. Refunds; Disputes.
8.1 Refunds. All sales of Products through the Service are final. No unauthorized returns will be accepted by MoleculeMarket or a Seller, which shall be strictly enforced. Returns are not accepted under any circumstance. MoleculeMarket will not facilitate or accept any unauthorized returns of Products bought or sold through the Service. In the event of an unauthorized return by a Buyer, the Buyer will be responsible for the costs of any remediation required by MoleculeMarket or a Seller. In certain cases, MoleculeMarket has the right to issue a refund to a Buyer or any third-party service provider if a transaction is found to be: (i) of incorrect purity, (ii) of incorrect quantity, (iii) incorrect product, (iv) or cancelled by the Buyer within the specified cancel window or Seller before the Product is shipped or produced by the Seller. A cancellation by Buyer after the date of shipment set forth on the applicable listing shall be deemed “without good cause”, unless one of the conditions in the preceding clauses (i) through (iv) are satisfied. Where a refund is issued, MoleculeMarket reserves the right to, in our sole discretion, offset, deduct, and/or withhold any amounts from any Final Price or other amounts due to Seller, and/or obtain reimbursement from Seller, to reflect any refunds, adjustments, or other amounts incurred by MoleculeMarket in connection with Seller’s product(s), including but not limited to, the following events: (a) we provide a refund to a Buyer or other adjustments to Buyers in connection with purchases (whether for poor quality, mis- shipments, or a Seller did not properly deliver the product(s)), (b) we discover erroneous or duplicate transactions related to a Seller, or (c) we receive a chargeback from a Buyer’s credit card issuer or reversal of payment for the amount of a Buyer’s purchase from a Seller. We may obtain reimbursement of any amounts owed by a Seller to MoleculeMarket by deducting from future payments owed to the Seller, reversing any credits to the Seller’s payment account balance, charging the Seller’s payment account, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek payment from you.
8.2 Refunds and Disputes. In some cases, if MoleculeMarket believes that a Seller’s actions may result in Buyer disputes, chargebacks, or other claims, then MoleculeMarket may, in our sole discretion, put a hold, deposit delay, and/or reserve on the amount payable to Seller’s account. A hold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order until completion of the investigation regarding the Seller’s actions. Deposits to a Seller’s bank account may also be delayed by an issue at MoleculeMarket, MoleculeMarket’s third-party service providers, or a Seller’s bank. We always work hard to avoid and minimize any delays. However, please note that MoleculeMarket is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits. MoleculeMarket will endeavor to communicate with any affected Seller as soon as it can.
8.3 Chargebacks. In the event that a Buyer submits a chargeback, and MoleculeMarket is requested by the credit card networks to respond, Seller agrees to provide any requested information to us within five (5) calendar days of the request. MoleculeMarket reserves the right to recoup from Seller funds associated with Buyer chargebacks where the chargeback is the result of the Seller’s actions or is a overcharge against the contracted price of the goods and/or shipment charges.
9. Availability, Errors, and Inaccuracies.
9.1 We are constantly updating Our offerings of Products on the Service. MoleculeMarket makes every reasonable effort to ensure that the Products listed on the Service are accurate and up to date. However, since Seller’s have control over their listings, from time to time the Products listed on the Service may be described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service.MoleculeMarket cannot and does not guarantee the accuracy or completeness of any information provided by Sellers through the Service, including prices, product images, specifications, availability, and other services. MoleculeMarket reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10. Content.
10.1 Content You Post. Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
10.2 Content Restrictions. MoleculeMarket takes all reasonable measures to screen for objectionable or illegal Content. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, dangerous, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable in the sole discretion of MoleculeMarket. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity, (ii) Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
MoleculeMarket reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms of Use, and to refuse or remove this Content. MoleculeMarket further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As MoleculeMarket cannot control all content posted by Users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will MoleculeMarket be liable in any way for any Content not posted by MoleculeMarket, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.
10.3 Backups. Although regular backups of Content are performed, MoleculeMarket does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. MoleculeMarket will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that MoleculeMarket has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
11. Reviews.
You as a Buyer or Seller may be evaluated via reviews, comments, or metrics. Molecule market strives for the best experience for both and welcomes both positive and negative reviews.
12. Intellectual Property.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MoleculeMarket.
13. Copyright Policy.
13.1 Intellectual Property Infringement. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
13.2 DMCA Notice and DMCA Procedure for Copyright Infringement Claims. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
14. Your Feedback to Us.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
15. Links to Other Websites.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
16. Privacy Policy.
Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Service. In addition to the information collected as set forth in the Privacy Policy, MoleculeMarket maintains records associated with transactions on the Site. To fulfill the Orders, Sellers will receive shipping information and limited Buyer account information necessary to complete the order. MoleculeMarket’s Privacy Policy further explains how MoleculeMarket handles user information.
If you are a California resident, you may have this same information emailed to you by sending a letter to [email protected] with your email address and a request for this information.
17. Termination.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
18. Limitation of Liability.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR US $50 IF YOU HAVEN’T PURCHASED ANYTHING THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
19. Disclaimer of Warranties.
THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MOLECULEMARKET, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE OR ANY PRODUCT OFFERED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER PRODUCTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, NEITHER MOLECULEMARKET NOR ANY OF THE MOLECULEMARKET’S AFFILIATES, PROVIDERS, TRADE PARTNERS, SERVICE PROVIDERS, OWNERS, OFFICERS, EMPLOYEES, OR CONTRACTORS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
20. Indemnity.
EXCEPT IN THE EVENT OF MOLECULEMARKET’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU AGREE TO INDEMNIFY AND HOLD MOLECULEMARKET AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, AND LIABILITIES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST MOLECULEMARKET AND/OR ITS AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, YOUR USE OF ANY PRODUCTS MADE AVAILABLE THROUGH THE SERVICE, THE SHIPPING OR TRANSPORT OF ANY PRODUCTS MADE AVAILABLE THROUGH THE SERVICE, BREACH OF THESE TERMS OF USE, INFRINGEMENT, VIOLATION OF RIGHTS, VIOLATION OF LAW, OR ANY OTHER OF YOUR CONDUCT ON OR THROUGH THE SERVICE. MOLECULEMARKET RESERVES THE RIGHT TO HANDLE OUR LEGAL DEFENSE HOWEVER WE SEE FIT, EVEN IF YOU ARE INDEMNIFYING US, IN WHICH CASE YOU AGREE TO COOPERATE WITH US SO WE CAN EXECUTE OUR STRATEGY.
21. Export Control; Legal Compliance.
Use of the Service may be subject to the export and import laws of the United States and other countries. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. By using the Service, You represent and warrant that You are not located in any such country or on any such list. You agree to comply with all applicable export and import laws and regulations, including more particularly those dealing with the import and export of Chemicals. You also agree that You will not use the Service for any purposes prohibited by United States law or other applicable law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
22. Miscellaneous.
22.1 Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
22.2 Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
22.3 No Agency Relationship. No partnership, joint venture, employer-employee, agency relationship, or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, MoleculeMarket is not acting and does not act as an agent for any Seller, Buyer or any other User or visitor of the Site.
22.4 Survival. Any provision of these Terms of Use shall survive any termination or expiration of this Terms of Use to the extent required to enforce any rights or obligations accrued thereunder prior to or as a result of such termination.
22.5 Government End Users. Certain components of the Service may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
22.6 Updates to the Terms of Use. We reserve the right, at Our sole discretion, to modify or replace these Terms of Use at any time. You should periodically check back for updates to these Terms of Use. If a revision is material, We may make efforts to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
22.7 Governing Law. The laws of the State of New York, United States, excluding its conflicts of law rules, shall govern this Terms of Use and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.
22.8 Dispute Resolution. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company and attempting to resolve the concern through informal mediation between the Parties. If after a period of 30 days, the Parties are unable to come to a resolution, any controversy or claim between or among the Parties, including those arising out of or relating to these Terms of Use and any claim based on or arising from an alleged tort, shall at the request of any party be determined by arbitration. The arbitration shall be conducted in New York, New York, in accordance with the United States Arbitration Act (Title 9, U.S. Code), notwithstanding any choice of law provision in this Guaranty, and under the Commercial Rules of the American Arbitration Association. The arbitrator(s) shall give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrator(s). Judgment upon the arbitration award may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. NO PARTY MAY JOIN, CONSOLIDATE, OR OTHERWISE BRING CLAIMS FOR OR ON BEHALF OF TWO OR MORE INDIVIDUALS OR UNRELATED PARTIES.
22.9 English Language. The Parties hereby confirm that they have requested that these Terms of Use and all related documents be drafted in English. Les parties ont exigè que le prèsent contrat et tous les documents connexes soient rèdigès en anglais.
22.10 Contact Us. If you have any questions about these Terms of Use, You can contact us by email at [email protected]
Attachment 1
Definitions
For the purposes of these Terms of Use:
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Buyer” (also referred to as “Purchaser”) means a registered buyer that buys Products on the Service.
“Company” (referred to as either “MoleculeMarket”, “Company“, “We“, “Us“, or “Our“), means MoleculeMarket and its Affiliates.
“Content” means to content such as postings, listings, text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You on the Service or on the Site, regardless of the form of that content.
“Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
“Order” means a request by a Buyer to purchase a Product through the Service.
“Privacy Policy” means the privacy policy of MoleculeMarket located at www.moleculemarket.com.
“Product” or “Products” means a chemical product offered or listed by a Seller and/or purchased by Buyer through the Service.
“Product Policy” means the acceptable and permitted Products and/or Product categories that may be sold and bought through the Service and as may be updated from time to time in the sole discretion of MoleculeMarket.
“Refund Policy” means the policy under which MoleculeMarket may issue refunds to Buyers. The Refund Policy is found at [insert link] and is administered and may be updated at the sole discretion of MoleculeMarket.
“Seller” means a registered seller that sells Products on the Service.
“Service” means the MoleculeMarket marketplace, including all web pages, web sites, and associated services.
“Site” refers to the website located at www.moleculemarket.com and all web pages, sub web pages, and successor web pages of www.moleculemarket.com
“Terms of Use” means these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
“User” means a user or patron of the Site, including Sellers, Buyers, or those that are accessing or browsing the Site.
“You” (referred to as either “You” or “Your”) means the individual accessing or using the Service, or on behalf of Your Organization as its authorized representative.
“Your Account” means Your authorized user account as a Purchaser or Seller through the Service.
“Your Organization” means the company, institution, organization, consortium, agency, government, instrumentality, or educational institution of which You are an authorized representative to access or use the Services.
