Terms and Conditions
These Terms & Conditions (“Terms”) govern your use of Moldco’s website and the purchase and use of products and services provided by Moldco (collectively, the “Moldco Services”). As used in these Terms, the terms “Moldco,” “we,” “us,” and “our” refer to Immune Co, d/b/a Moldco, together with its affiliates and subsidiaries, and the terms “you,” “your,” “user,” and “users” refer to anyone who accesses or uses the Moldco Services.
By using the Moldco Services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Moldco Services. We may change or revise these Terms at any time and without prior notice, and your continued use of the Moldco Services will mean you accept those changes.
Moldco may, at any time and without prior notice, discontinue or change any of the Moldco Services.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH MOLDCO ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY ALL PROVISIONS. PLEASE READ THEM CAREFULLY.
ELIGIBILITY
You must be 18 years of age or older and reside in the United States to use the Moldco Services in any manner. By visiting the Moldco website, you represent that you meet these eligibility requirements and that you have the right and capacity to agree to and abide by these Terms. You also agree that you will use the Moldco Services in a manner consistent with all applicable laws.
LICENSE AND SITE ACCESS
Moldco grants you a limited, nonexclusive, nontransferable, revocable license to access and make use of the Moldco Services. You may display, reformat, and print information from the Moldco Services for your own personal, non-commercial use only. You may not sell, re-publish, distribute, or display any content or other material from the Moldco Services for any other purpose. All such uses are strictly prohibited without our express prior written consent, which we are free to withhold. You agree that you will not modify, move, add to, delete from, or tamper with any content or feature of the Moldco Services or interfere in any way with their proper functioning. We may suspend or terminate access to the Moldco Services by anyone who violates these Terms or any applicable law or whose conduct is harmful to the interests of Moldco, its service providers, or its affiliates.
MOLD AND HEALTH INFORMATION
Moldco is not a licensed medical service provider, and any information we provide should not be interpreted as medical advice or diagnosis. Nothing contained in the Moldco Services – including the results of the MoldCo Questionnaire (“MoldCo Home & Health Questionnaire”), reports based on a completed mold test, home environmental testing device, or any environmental test, and information contained on our website – should be construed as medical advice or diagnosis. The information and reports provided by Moldco are for general informational and educational purposes only, are not meant to be complete or exhaustive, and should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician in connection with any health issues you experience, related to mold or otherwise. Never disregard or delay seeking professional medical advice or treatment because of something you have read in the Moldco Services. If you think you are having a medical emergency, call 911 or seek medical attention.
MOLD TESTING PRODUCTS
Mold testing products purchased from Moldco are not intended as a replacement for a mold inspection performed by a qualified professional, and mold tests may not be 100% accurate.
Samples collected using products purchased from Moldco and properly shipped according to the instructions will be analyzed by our third-party laboratory partner, and Moldco will provide you with a report based on the results. These mold tests will usually accurately detect the presence of mold when the instructions for testing and returning the sample are followed. However, tests may result in false positives or false negatives due to errors or reasons beyond Moldco’s or our third-party laboratory partner’s control.
MOLDCO AND OUR THIRD-PARTY LABORATORY PARTNERS MAKE NO WARRANTY, EXPRESSED OR IMPLIED, AND ACCEPT NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO FALSE RESULTS OR FOR THE CONSEQUENCES OF ANY ACTIONS TAKEN BASED ON THE INFORMATION PROVIDED. NO REPRESENTATION OR WARRANTY IS GIVEN BY MOLDCO OR OUR THIRD-PARTY LABORATORY PARTNERS AS TO THE ACCURACY OF ANY TESTING METHOD OR TEST RESULTS.
THIRD PARTY SITES AND AFFILIATE LINKS
The Moldco Services may feature third-party products and services or contain links to websites operated by third parties. Moldco does not have any influence or control over, and is not responsible for, any such products, services, or websites. The Moldco website may use affiliate links to products and services for which we receive compensation if you make a purchase using the link.
INTELLECTUAL PROPERTY
All content in the Moldco Services – including text, graphics, logos, trademarks, icons, images, audio and video clips, digital downloads, and software – is Moldco's property. Such content is protected by United States and international intellectual property laws, and we reserve all rights contained in such laws.
PROTECTING YOUR ACCOUNT
You are responsible for protecting the credentials associated with your Moldco account, and you are responsible for all activities performed under your user account. Moldco may refuse service, terminate your account, remove or edit information, and cancel orders or shipments at its sole discretion.
INDEMNIFICATION
You agree to indemnify and hold Moldco and its partners, service providers, employees, and agents harmless for your use of the Moldco Services, your violation of these Terms or our other policies, your violation of any rights of another party, and your violation of any law.
DISCLAIMERS
TO THE EXTENT PERMITTED BY LAW, YOUR USE OF THE MOLDCO SERVICES IS AT YOUR SOLE RISK. THE MOLDCO SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE MOLDCO SERVICES WILL MEET YOUR NEEDS; (2) THE MOLDCO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THAT DEFECTS WILL BE CORRECTED; OR (4) THE RESULTS PROVIDED THROUGH THE MOLDCO SERVICES WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE MOLDCO SERVICES IS ACCESSED AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE MOLDCO SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MOLDCO IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY REGARDING THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES.
LIMITATION OF LIABILITY
The limitations set forth below are fundamental elements of the basis of the bargain between you and Moldco. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disclaimer of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MOLDCO SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE MOLDCO SERVICES OR YOUR TRANSMISSIONS.
Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, MOLDCO WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE STATUTORY DAMAGES PRESCRIBED BY A STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO OUR LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.
TERMS OF SALE
Orders. Your order is an offer to purchase products sold by Moldco, and it must be accepted by us to become a binding obligation to sell you products. We may choose not to accept any orders in our sole discretion. After receiving your order, we will send you a confirmation email, which will serve as our acceptance of your offer, at the email address you provided to place your order.
Shipping and Risk of Loss. Moldco will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although we may provide delivery timeframes, those are only our good faith estimates and may be subject to change. Product availability may be limited, and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. The risk of loss and title for the items you purchase passes to you when the shipment carrier receives it. Moldco may reject orders where the delivery address is outside the United States.
Payment Information. By ordering products through the Moldco Services, you agree to provide only true, accurate, current, and complete payment information. Moldco may cancel your order or suspend or terminate your account if we believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information, or for any other reason that we, in our sole discretion, deem appropriate.
Returns and Defects. Given the nature of the products sold by Moldco, we cannot accept returns unless the items are damaged or defective. If the items you purchased from Moldco arrive damaged or defective, please contact us immediately at support@themoldco.com so that we can arrange to remedy the issue.
TERMINATION
These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by deleting your Moldco account (if applicable) and ceasing all use of the Moldco Services. We may terminate these Terms and your access to the Moldco Services at any time and for any reason (or no reason).
DISPUTE RESOLUTION & ARBITRATION
Nearly any concern you may have with Moldco or the Moldco Services can be resolved by contacting us at support@themoldco.com, and you agree to try in good faith to resolve any dispute informally before filing an arbitration. If you have a problem with us that we can’t resolve, you agree that any dispute, claim, or disagreement arising out of or relating to the Moldco Services or your relationship with us, including claims that arose before the existence of this or any prior agreement (including claims related to advertising) or claims that may arise after the termination of these Terms, will be resolved by arbitration, which means you are waiving your right to sue in court and have a court or jury trial.
You and Moldco agree that any arbitration will occur in the State of Delaware, and will be conducted by a single arbitrator pursuant to the rules and policies of the American Arbitration Association (“AAA”). The arbitrator will be empowered to grant whatever relief would be available in a court of law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Any dispute or appeal over the enforcement of an arbitration award is subject to the exclusive jurisdiction of the state courts of Delaware.
You agree to arbitration on an individual basis. Neither you nor Moldco will be entitled to join or consolidate claims by or against other Moldco customers or otherwise participate in any claims as a representative, class member, or in a private attorney general capacity.
MISCELLANEOUS
These Terms will be construed under the laws of Delaware. A party’s delay in exercising its rights under these Terms will not be deemed a waiver of its rights. These Terms are the complete agreement between the parties in relation to its subject matter, superseding all prior or contemporaneous written or oral contracts or representations. If any provision of these Terms is found to be unenforceable, the unenforceable provision is severable, and the remaining terms will remain enforceable. There are no third-party beneficiaries to these Terms. Rights and obligations established under these Terms that must survive termination to have their customarily intended effect (such as rights and obligations related to indemnification, limitation of liability, and intellectual property) will survive termination. We are not liable for any delay or failure to perform resulting from causes outside our reasonable control. These Terms and any rights and licenses granted under them may not be transferred or assigned by you but may be assigned by us without restriction.
CONTACTING US
If you have questions, or to communicate with us about these Terms, please contact us at support@themoldco.com or 108 Lakeland Avenue, Dover DE 19901, County of Kent.