Terms of Use

Last Modified 1/8/2019

Molten USA, Inc. (“Molten”, the “Company”, or “we”, “us”, or “our”, as applicable) provides www.moltenusa.com (the “Website”) for your information. In this document, “use of the Website” or similar language means your accessing the website, sending or receiving email or other electronic communications to or from us, conducting shopping transactions for Molten products, and other similar events or services offered in connection with the moltenusa.com domain.

By using the Website, you agree to the following Terms of Use. If you do not accept these Terms of Use, please do not use the Website.

1. Amendment to Terms of Use

We reserve the right to amend these Terms of Use from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Use on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Use upon each visit to the Website. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Modified” date at the top of this document.

2. Limited Right to Use the Website

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. - You may store files that are automatically cached by your Web browser for display enhancement purposes. - You may print or store a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. The Company name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other than nominative uses, you must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

3. User Representations; Prohibited Uses

You represent and warrant that (a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use; and (d) your use of the Website shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); - For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; - To send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Use; - To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; - To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or - To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to: - Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; - Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; - Use any device, software or routine that interferes with the proper working of the Website; - Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or - Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

4. No Molten Representations or Warranties

We make no representation or warranty of any kind with respect to the Website or the content contained on or accessible through the Website. Your use of the Website is at your own and sole risk. We attempt to provide accurate information, but the Website is for general reference and informational purposes only. We assume no responsibility for errors or omissions in the content of the Website, and make no commitment to update such content. Your sole and exclusive remedy for issues relating to the use of, or the content on or accessible through, the Website shall be to discontinue accessing the Website and using the content so obtained.

5. Accessing the Website; Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

- Making all arrangements necessary for you to have access to the Website. - Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion including if, in our reasonable opinion, you have violated any provision of these Terms of Use.

6. Right of Refusal

Molten reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Some situations that may result in your order being cancelled or refused are: (i) limitations on quantities available for purchase; (ii) inaccuracies or errors in product or pricing information on the Website; (iii) our inability to confirm or obtain authorization for charges to your credit card; (iv) mismatching shipping and billing addresses; or (v) orders processed from outside of the Continental United States. We may also require additional verification or information before accepting any order. Molten will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your method of payment has been charged, we will issue a credit in the amount of the refund processed to be applied to your original method of payment.

We only ship within the Continental United States and do not ship to freight forwarding companies.

7. Idea Submission

Molten does not solicit or desire submission of ideas and/or inventions from our customers or users of the Website. If you submit unsolicited ideas and/or inventions to Molten, then you agree:

- Molten is not responsible for any such submissions; - Molten has no obligation to respond to any such submissions, nor to keep any such submissions confidential or proprietary; - Molten has no obligation to consider, review, or implement such submissions; and - Molten has no obligation to make any compensation to you or any third party for such submissions or use thereof, and you explicitly grant Molten a perpetual, irrevocable, worldwide, nonexclusive and royalty-free license thereto.

8. Indemnification

You will indemnify, defend, and hold Molten, its affilliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms of Use or (b) use of the Website. These defense and indemnification obligations will survive these Terms of Use and your use of the Website. Molten has no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Website.

9. Release, Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE MOLTEN, ITS SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “MOLTEN PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL SERVICES OF MOLTEN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

10. Governing Law; Dispute Resolution

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Nevada, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Website (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against the Company arising out of or related to use of this Website must be resolved exclusively by a state or federal court located in Washoe County, Nevada. You agree to submit to the personal jurisdiction of the courts located within Washoe County, Nevada for the purpose of litigating all such claims or disputes.

11. Severability

If any part of these Terms of Use is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.

12. DMCA

If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail: DMCA Designated Agent c/o Molten USA, Inc. 1170 Trademark Drive, Suite 109 Reno, NV 89521

By Email: marketing@moltenusa.com

The Website and related materials are the proprietary property of Molten USA, Inc. No right or license in or to any portion of the Website is granted to you except as expressly stated herein.