Welcome to motherscience.com. The motherscience.com website (the "Site") is an e-commerce site comprised of various web pages, mobile applications and/or blogs owned, operated and maintained by Small Molecules Inc. or our affiliates (herein referred to as "Mother Science", “we”, “us” or “our”). motherscience.com is offered to you pursuant to this Terms of Use, our Privacy Policy, our Cookie Policy, as each such policy may be updated from time to time (the "Terms"). motherscience.com is an e-commerce site. We sell high-performance skincare products (the “Products”) (together with the Site, the “Services”).
By accessing the Site and Services, you agree to be bound by all such Terms. Some of the Services may be subject to additional terms and conditions we may specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference. The Terms apply to all users of the Site. Please read the Terms carefully.
Mother Science reserves the right, in its sole discretion, to change the Terms at any time. The most current version of the Terms will supersede all previous versions. Mother Science encourages you to periodically review the Terms to stay informed of our updates. The date listed at the bottom of these Terms indicates the date the Terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the modified Terms.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MOTHER SCIENCE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
(1) Electronic Communications
Visiting the Site or sending emails or other messages and communications to Mother Science constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
(2) Your Account; Eligibility; Use of the Site
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mother Science is not responsible for third party access to your account that results from theft or misappropriation of your account. Mother Science and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree to promptly inform Mother Science of any unauthorized use of your password or any other breach of security related to this website. Mother Science reserves the right to require you to change your password if we believe that your password no longer is secure and to revoke your password if you violate these Terms.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.
You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than thirteen (13) to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Site is revoked where these Terms or use of the Site is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
(3) Purchases/Cancellation/Refund Policy
Please be aware that prices, availability, specifications and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Sites and to correct errors once discovered. Mother Science reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
If you are not completely satisfied, we offer free returns on purchases of Products from motherscience.com within 30 days of receiving your purchase. Email our team at hello@motherscience.com with your name and order number and we will be happy to assist you.
(4) Third Party Sites and Services
motherscience.com may contain links to other websites, services or other resources on the Internet, and other websites, services or resources may contain links to the Site ("External Sites"). The External Sites are not under the control of Mother Science and Mother Science is not responsible for the products, services, or content available through such External Sites, including without limitation any link contained in an External Site. Mother Science is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mother Science of the site or any association with its operators. This includes any third party website that accepts donations or other financial remuneration from you for the benefit of Mother Science. If you decide to access any External Site, you do this entirely at your own risk and subject to any terms and conditions applicable to such External Site. You acknowledge and agree that we 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 content, goods or services available on or through any External Sites.
Certain services made available via motherscience.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the motherscience.com domain, or enabling or logging into the Site via a third party site, service or account (collectively, “Third Party Service”), you hereby acknowledge and consent that Mother Science may share such information and data with any third party with whom Mother Science has a contractual relationship to provide the requested product, service or functionality on behalf of motherscience.com users and customers. Please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such Third Party Service, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site.
We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
(5) Intellectual Property
You are hereby granted a non-exclusive, non-transferable, revocable, limited license to access and use motherscience.com strictly in accordance with these Terms. As a condition of your use of the Site, you must not use the Site for any purpose that is unlawful or prohibited by these Terms.
All content included as part of the Service, such as text, graphics, logos, design elements, audio, music, videos, images and any software used on the Site, including content provided by suppliers, sponsors or third-party advertisers is the property of Mother Science or its licensors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You agree not to delete or alter any material we or any other person or entity posts on the Site.
You will not modify, publish, transmit, participate in the transfer or sale or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal, non-commercial use, and will make no other use of the content without the express written permission of Mother Science and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mother Science or our licensors except as expressly authorized by these Terms. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY CONTENT DOWNLOADED FROM THIS WEBSITE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY A LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH CONTENT OR OTHER TERMS SPECIFIED ON THIS WEBSITE.
The trademarks, service marks, and logos of Mother Science (the “Mother Science Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Mother Science. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Mother Science Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. Use of any Mother Science Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Mother Science Trademark shall inure to our benefit.
Any rights not expressly granted herein are reserved.
(6) Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Mother Science has no obligation to monitor the Communication Services. However, Mother Science reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mother Science reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mother Science reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mother Science's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mother Science does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mother Science specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mother Science spokespersons, and their views do not necessarily reflect those of Mother Science.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
(7) User Content
The Site may pull content from our users who share photos and videos on Instagram, TikTok and other social media websites using our brand hashtags or tagging our social media accounts (collectively, “Photos”). You acknowledge and agree that the Photos may be used in a Mother Science retail space, in emails, and on the Site, and you hereby grant Mother Science permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after termination of your use of the Services. You acknowledge and agree that any materials you post, upload, input or submit to any Mother Science Site or our associated services (collectively, "Submissions", and together with Photos, “User Content”) are non-confidential. Mother Science does not claim ownership of the User Content, however, you grant Mother Science, our affiliated companies and necessary sublicensees permission to use your User Content in connection with the operation of our or their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content; and to publish your name in connection with your User Content.
No compensation will be paid with respect to the use of your User Content or any feedback you may provide. Mother Science is under no obligation to post or use any User Content you may provide and may remove any Submission at any time in Mother Science's sole discretion.
You warrant and represent that (i) you own all of the rights, title and interest to your Photos and Submissions, including, without limitation, all copyrights and rights of publicity contained therein and all the rights necessary for you to provide, post, upload, input or submit such Photos and Submissions and (ii) the Photos and Submissions provided by you are accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. You represent and warrant that the posting and use of your User Content, including to the extent such User Content includes your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know is false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
Except where prohibited by applicable law, you waive and agree not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mother Science, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(8) Indemnification
You agree to indemnify, defend and hold harmless the Mother Science Parties (as defined below) from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the Terms, any User Content you provide, your access to, use or misuse of the Site or the Services, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by email to hello@motherscience.com. Mother Science reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mother Science in asserting any available defenses.
(9) Disclaimer of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOTHER SCIENCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MOTHER SCIENCE, OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (COLLECTIVELY, THE “MOTHER SCIENCE PARTIES”) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. MOTHER SCIENCE DOES NOT WARRANT THAT THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR THE CONTENT ON THE SITE WILL BE ERROR, VIRUS OR BUG FREE. YOU ACCEPT THAT IT IS YOUR RESPONSIBILITY TO MAKE ADEQUATE PROVISION FOR PROTECTION AGAINST SUCH THREATS, SUCH AS SCANNING ANY FILES BEFORE DOWNLOADING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOTHER SCIENCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MOTHER SCIENCE EXPRESSLY DISCLAIMS ANY AND ALL EQUITABLE INDEMNITIES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Mother Science may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty shall be the maximum and the extent of our liability shall be the minimum permitted under such applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTHER SCIENCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFIT OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOTHER SCIENCE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Nothing in these Terms affects any legal rights and remedies you may have under local law.
(10) Arbitration and Class Action Waiver – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MOTHER SCIENCE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MOTHER SCIENCE, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
YOU AND MOTHER SCIENCE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND MOTHER SCIENCE AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
Except for small claims disputes in which you or Mother Science seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Mother Science seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Mother Science WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES RESOLVED IN COURT. Instead, for any dispute or claim that you have against Mother Science or relating in any way to the Services, you agree to first contact Mother Science and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Mother Science by email at hello@motherscience.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Mother Science cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Los Angeles County, California or may be conducted telephonically or via video conference for disputes alleging damages less than $500, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Mother Science agree that these Terms affect interstate commerce and that the enforceability of this Section 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
You and Mother Science will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Mother Science agree that for any arbitration you initiate, you will pay the filing fee and Mother Science will pay the remaining JAMS fees and costs. For any arbitration initiated by Mother Science, Mother Science will pay all JAMS fees and costs. You and Mother Science agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Mother Science will not have the right to assert the claim. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 10 by emailing hello@motherscience.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.
If any portion of this Section 10 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 10 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 10; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 10 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 10 will be enforceable.
(11) Termination and Access Restriction
Mother Science reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
(12) Miscellaneous
These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. Any dispute between you and Mother Science that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in Los Angeles, California.
Unless otherwise specified herein, the Terms constitute the entire agreement between the user and Mother Science with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mother Science with respect to the Site. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section headings are provided merely for convenience and shall not be given any legal import. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Our failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in the Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
The Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. You agree that no agency, joint venture, partnership, employment, or agency relationship exists between you and Mother Science as a result of the Terms or use of the Site. Mother Science's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Mother Science's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mother Science with respect to such use.
Contact Us
Mother Science welcomes your questions or comments regarding the Terms:
Email Address:
Effective as of May 9, 2023