Terms of Service

Last Modified: February 2025

Summary of Terms of Service.

This is a summary of our Terms of Service; please read the entire Terms of Service below.

These Terms of Service (“Terms”) apply to www.molode.com and our various websites, APIs, email notifications, documentation, software, products, licenses or applications (collectively, the “Services”) that is owned and operated by Molode, LLC, a Missouri limited liability company (“we”, “our”, or “us”). The Services allows you to participate in an online marketplace for sellers and buyers of goods, including but not limited to family heirlooms, collectibles, antiques, and art.

These Terms apply to your use of the Services, whether you’re a guest or a registered user. Please read the full Terms of Service below before accessing or browsing www.molode.com or using our Services. If you don’t want to be bound by these Terms, do not use or browse our Services. These Terms may change and your continued use after changes are made means you agree to be bound by the new terms.

You may need to create a user account to access parts of the Services. Your user account includes a password. Keep your password confidential. In some cases, you may choose to allow a trusted individual, such as a caretaker, parent, or adult child to access your account. You are still responsible for all use – and for any misuse – of your account.

Don’t violate our Terms of Service. Users who violate our Terms may be banned from using the Services. The Services contain proprietary and confidential information that is protected by a variety of copyright, trademark, or patent rights or registrations.

Your use of the Services is at your own risk. We make every effort to make sure you have a good experience on our Services, but we can’t guarantee all content on our Services will always function without error. We make every effort to comply with local, state, and national laws and regulations, including applicable privacy laws. However, we can’t guarantee that your use of our Services complies with local, state, and national laws and regulations.

The Services may contain links and advertisements that may take you to other services that are not affiliated with us. If you click on an advertisement or a link to another service, we are not responsible for the content you see or the interactions you have on other sites and with other services and we are not liable for any damages or harms you may encounter on other services.

If you have any questions about our Terms, contact us at info@molode.com.

THE FULL TERMS OF SERVICE – BELOW – CONTAIN VITALLY IMPORTANT LIMITATIONS ON OUR LIABILITY FOR YOUR USE OF WWW.MOLODE.COM. PLEASE READ THEM CAREFULLY!

Terms of Service

These Terms of Service are entered into by and between You and Molode, LLC (“Molode” or “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “Agreement”), govern your access to and use of the Services, including any related mobile application, content, functionality, and services, including compilation of utility records offered on or through Molode.com or its related mobile application, whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Services. By (i) accessing, browsing, and using the Services; or (ii) by using the mobile application, associated content, and any customizations made to the services provided or offered by Company via the Services (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Service, and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Site or any of the Services.

IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SERVICE, OR ANY SUBSCRIPTION, PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICES, IS TO STOP USING THE SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SERVICES.

The date the Terms of Service were last revised is identified at the top of the page. If we make subsequent material changes to the Terms of Service, we will notify you through a pop-up on the Service home page. Molode reserves the right to update or change the Terms of Service, at any time and for any reason, by posting the modified Terms of Service.

YOUR EXPERIENCE

Permitted Uses and Restrictions on Use. The Services provide a convenient and easy way for you to participate in an online marketplace for sellers and buyers of goods, including but not limited to family heirlooms, collectibles, antiques, and art. Molode is in no way responsible for the accuracy or the adequacy of reviewed information.

You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, understand and acknowledge that, in no event, will you allow any unauthorized users to access the Services using your user-id and password. Molode is not responsible for breaches of confidentiality caused by you or anyone accessing the Services using your user-id and password, whether authorized by you or not.

Accessibility. Molode is committed to ensuring that our Services are accessible. Molode believes access is a civil right and is dedicated to reforming our Services to reflect this value. If you have any questions or concerns regarding accessibility, you can email us at info@molode.com.

Conduct. You agree to not use the Services to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any Molode representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Services; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the Services; or (j) incite or provide instructional information about illegal activities.

Payment. We currently use [ADD] as our third-party payment processor. You should look to the third-party payment processor’s terms regarding payments, available at [ADD]. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Notice. Your account and access to the Services may be suspended in the event of non-payment of applicable fees.

You represent and warrant to Molode that such payment information is true and that you are authorized to use the payment instrument. You will update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur within five (5) days of the change.

Registration Data and Privacy. In order to access some of the Services, you will be required to create a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you, subject to our Privacy Notice, https://molode.com/privacy-notice/. The information we obtain through your use of this Services, including your Registration Data, is subject to our Privacy Notice, which is specifically incorporated by reference into these Terms of Service.

Links. The Services, from time to time, may provide links to other services or resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those services or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use such services, you do so entirely at your own risk and subject to the terms and conditions applicable to those services. You further agree that Molode is not responsible for the availability of such external services or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from those services or resources. You further acknowledge and agree that Molode will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third-party service or resource.

Modifications to the Services or Agreements. Molode reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. You agree that Molode will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Molode may specify from time to time the version(s) of web browsers required in order to use the Services, and you acknowledge that Molode is not obligated to support all web browsers and Molode is not obligated to continue support of any web browsers it supported at an earlier time.

Termination. You acknowledge and agree that Molode may, in our sole discretion, suspend or terminate your account or deny you access to or use of all or part of the Services, without prior notice, for any reason, including, without limitation, if you engage in any conduct that Molode believes, in its sole discretion: (a) violates any term or provision of this Terms of Service; (b) violates the rights of Molode or our partners; or (c) is otherwise inappropriate for continued access and use of the Services. In addition, Molode reserves the right to terminate inactive membership accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Services. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

You agree to defend, indemnify, and hold Molode harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Services.

LEGAL

Molode Proprietary Rights. The Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The content contained in sponsor advertisements or information that may have been presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Molode Copyright Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Molode.com infringe your copyright, you may request removal of those materials (or access to them) from Molode.com by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works molode.com, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is info@molode.com.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on Molode.com is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.

No Resale, etc. of the Services. You agree not to copy, sell, resell, rent, or sublicense (including offering the Services to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Services, allow unauthorized use or access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Molode for use in accessing the Services.

Notice to Customers. If you sign up with our company to acquire services, you agree that: YOU WILL DEFEND, INDEMNIFY, AND HOLD COMPANY AND COMPANY’S MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DAMAGES, AND LIABILITIES TO THE EXTENT ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SOFTWARE.

Your Representations and Warranties. You represent that, to the best of your knowledge and belief, your use of the Services does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Services. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOLODE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (b) MOLODE AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) SERVICES WILL MEET YOUR REQUIREMENTS; (ii) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. MOLODE DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOLODE OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOLODE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MOLODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT MOLODE WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SERVICES OR THE SERVICE(S) YOU ACCESS THROUGH THE SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND MOLODE’S REASONABLE CONTROL.

Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General Information. The Terms of Service constitutes the entire agreement between you and Molode and governs your use of the Services, superseding any prior agreements between you and Molode (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other Molode services, third party content, or third party software. Except as otherwise provided herein, the Terms of Service will be governed by the laws of the state of Arizona without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Molode agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The Terms of Service does not limit any rights that Molode may have under trade secret, copyright, patent, trademark, or other laws. The failure of Molode to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service will remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Molode and its successors and assigns.