Terms, Conditions, Privacy

Updated as of December 13, 2024

This website, www.munchingonmolecules.com (“Site”) is owned and managed by Munching on Molecules Co., a British Columbia company. In these Terms, “we”, “us” and “our” refer to Munching on Molecules Co. and the terms “you” or “your” refer to any individual user of our Site.

NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site, purchasing any of our products (“Products”) or accessing any of our content (collectively, “Services”). These Terms govern your use of the Site and our Products and Services and are legally binding on you.

You must be at least 18 years old in order to use our Site. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered, or prices for Services on our Site, without notice, at any time.

Intellectual Property
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) are owned by us, unless attributed otherwise. All content on the Site is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property. You may use our Intellectual Property for non-commercial purposes only and only if you provide obvious credit to us and also a link back to the webpage on our Site or to the social media platform where our Intellectual Property was originally posted. In no event do you obtain any rights or ownership in our Intellectual Property or may you claim that it is your own content or creation. We take violations and infringement of our intellectual property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our rights and violators will be prosecuted to the fullest extent permissible by law. By using our Site, you agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of any of our intellectual property and our enforcement of our rights.
If you have any questions relating to how you may use our Intellectual Property please send your questions to munchingonmolecules@gmail.com

Product Limited License
By purchasing any Product or Service from our Site, you are granted one limited, non-transferable, non-exclusive, royalty-free license to the product you purchased. You may not, under any circumstances, share, duplicate, copy or sell the license to any Product or Service. If in our sole discretion we have reason to believe you breached the terms of your non-exclusive license, we will consider this copyright infringement, will immediately and without refund revoke your license, and take any and all other steps we feel necessary (such as invoicing you for the licenses you have shared with others) and further reserve our right to seek other damages, including an injunction, or any such other available legal remedy in our sole discretion.

Fees and Refunds
The fees for our products and Services are as listed on our Site and in Canadian and in USD dollars depending on where you are located. We reserve the right to change our fees at any time and without notice.

Privacy
We take your privacy very seriously. In order to deliver our Products and Services, maintain our website and carry out administrative, marketing and promotional activities we collect certain personal information from users of our Site, such as your name, billing address and email address. We also collect financial information (such as credit card information) in connection with any transaction you make on our Site. Please note that we store limited financial data, as most financial data is transferred to the third-party payment processor we use. We strongly encourage you to review the privacy policy of the third-party payment processors we use to process payment when you purchase anything from our Site. If you have any questions or would like more information as to how we collect, process and store your personal information, please contact us at munchingonmolecules@gmail.com

Use of Tracking Technologies and Cookies
We use tracking technologies on our Site, including but not limited to website beacons, pixels, social media widgets and cookies. If you would like more information about how we use cookies and other tracking technologies on our Site, please email us at munchingonmolecules@gmail.com

Email Policies
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as expressly set out in this Privacy Policy. If you have any issues unsubscribing from our newsletter, or wish to see our full email policy, please contact us at munchingonmolecules@gmail.com

Security
If at any time you are required to create a username and password to access any Products Services, you are not allowed to share your password and it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to munchingonmolecules@gmail.com

Use of Third-Party Applications
In order to run our Site, deliver our Products and provide our Services, we use a number of third-party applications. You understand it is your responsibility to review the terms of use for any such third-party applications. For a full list of third-party apps we use, you may contact us at munchingonmolecules@gmail.com. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.

Your Communication with Us
You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.
Any communications made through our contact form, blog comments, newsletter sign up, social media pages or other related pages, or directly to our mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.

Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.

Assumption of Risk
By purchasing any Product or Service from our Site, you expressly acknowledge and assume all risk associated with said Product or Service, as well as any actions you choose to take, or not to take, as a result of your use.

Warranties Disclaimer
We make no warranties as to our Site, Products, Services or any related materials. You agree that our Site, Products and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.

General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site, Products or Services, including without limitation any liability for delays, injuries, harm, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable. We make no guarantee or claims relating to your income or financial success as a result of your use of our Site or any Products or Services.

Technology Disclaimer
In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

Release, Indemnity and Waiver
By using this Site or purchasing a template or any of our Services, you agree to indemnify release and save harmless Rebel Botanica Inc., and its directors, officers agents, employees, contractors, heirs, successors and assigns (collectively, “Released Parties”) for any direct or indirect loss or conduct incurred as a result of your use of our Site, template, Services or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. This indemnity also extends to any damage, costs loss or expense we incur from any misuse of any license granted to you, or failure to maintain the confidentiality or security of your password or access rights to any purchased products. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Site or Services.

Limit of Liability
In no event will Rebel Botanica Inc. or any of the Released Parties be liable as a result of your use of our Site, Products or Services for any damages, loss, costs or expenses, including but not limited to any loss arising from business disruption, loss of data, lost profits or goodwill, or through any action in contract, tort (including negligence) or otherwise. If for any reason we are found liable, our damages will be limited to the greatest extent possible and in no way be greater than any amount paid to us by you.

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

GENERAL

Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.

Governing Law and Jurisdiction
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of the province of British Columbia and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Port Coquitlam, British Columbia.

Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.

Contact
If you have any questions about these Terms of Use or our Privacy Policy, please send an email to: munchingonmolecules@gmail.com

Do Not Sell Our Personal information
As described in our Privacy Policy, we collect personal information from your interactions with us and our website, including through cookies and similar technologies. We may also share this personal information with third parties, including advertising partners. We do this in order to show you ads on other websites that are more relevant to your interests and for other reasons outlined in our privacy policy.

Sharing of personal information for targeted advertising based on your interaction on different websites may be considered "sales", "sharing," or "targeted advertising" under certain U.S. state privacy laws. Depending on where you live, you may have the right to opt out of these activities. If you would like to exercise this opt-out right, please follow the instructions below.

If you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will treat this as a request to opt-out of activity that may be considered a “sale” or “sharing” of personal information or other uses that may be considered targeted advertising for the device and browser you used to visit our website.

To opt out of the “sale” or “sharing” of your personal information collected using cookies and other device-based identifiers as described above, you must be browsing from one of the applicable US states referred to above.

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