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TERMS & CONDITIONS

Effective July 12, 2025

1. INTRODUCTION

ALCEMIS, LLC (hereinafter “ALCEMIS,” “Company,” “we,” “our,” or “us”) is a Limited Liability Company registered in the State of Minnesota (“MN”), United States of America (“USA”). 

These legal terms and conditions (“Terms”) govern the access and use of www.ALCEMIS.com (“Website”) and our content, services, digital or physical products, and digital subscriptions including, without limitation, newsletter and email subscriptions, offered on or through this Website, and any written, electronic, and oral communications, online or offline (collectively “Services”). 

These Terms constitute a legally binding agreement made between persons or entities who access and use our Website and Services (hereinafter “you,” “your,” “person,” “persons,” “people,” “user,” or “users,”) whether personally or on behalf of an entity.

Here’s the thing…We expect users who access and use our Website and Services to be good people, to act legally and morally, and to treat themselves and others with kindness, respect, compassion, and agape (the highest form of love, charity, and goodwill toward all beings). If you are incapable or unwilling to behave as such, you are prohibited from access and use of our Website and Services. Be good. Do good. 

The Website and Services are intended for users who are at least 18 years old. PERSONS UNDER THE AGE OF 18 ARE PROHIBITED FROM ACCESS AND USE OF THE WEBSITE AND SERVICES.

Please read these Terms carefully before access and use of the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by all of the conditions as outlined in these Terms. IF YOU DISAGREE WITH THESE TERMS, YOU MUST REFRAIN FROM ACCESS AND USE OF THE WEBSITE AND SERVICES.

Modifications: We may, from time to time, update these Terms to reflect changes in how we operate and manage our Website and Services. If these Terms are updated, the updated date will be reflected at the top of this page. IF YOU DISAGREE WITH ANY FUTURE MODIFICATIONS OF THESE TERMS, THEN YOU MUST REFRAIN FROM CONTINUED ACCESS AND USE OF THE WEBSITE AND SERVICES. YOU ARE RESPONSIBLE FOR PERIODICALLY VIEWING THESE TERMS TO CHECK FOR UPDATES. 

We recommend that you print a copy of these Terms for your records. The English language version of these Terms is the controlling version regardless of any translation you may attempt.

2. OUR INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, ALCEMIS owns and is the licensee of all intellectual property rights in our Website and Services, including, without limitation, all text, documents, programs, trainings, designs, audio, video, graphics, photographs, source code, databases, functionality, and software, (collectively, the “Content”) as well as our trademarks, service marks, and logos (collectively, the “Marks”). Our Content and Marks are protected by copyright and trademark laws, other intellectual property rights, and unfair competition laws and treaties in the USA and around the world. Subject to the license below, all ALCEMIS intellectual property rights are reserved. Any breach of these intellectual property rights will constitute a material breach of our Terms and your right to use our Website and Services will terminate immediately. 

3. LICENSE TO USE

Unless otherwise stated, we grant you a non-exclusive, non-transferable, revocable license to access and view, download (for caching purposes only), or print a copy of any portion of the Content on our Website expressly for your personal non-commercial use, or internal business purposes only, subject to the restrictions and prohibited activities set forth below and elsewhere in these Terms.

You are prohibited from copying, reproducing, aggregating, republishing, posting, uploading, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or otherwise exploiting our Content for any commercial purpose whatsoever without our express prior written permission.

If you wish to make use of our Content other than as set forth in this section or elsewhere in our Terms, please send your request to legal@ALCEMIS.com. If we grant you permission to use any part of our intellectual property, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible when posting, reproducing, or displaying our Content. 

4. PROHIBITED USE

Our Website and Services are intended for users in countries and jurisdictions where business entities of the USA are permitted to engage for commercial purposes and without a requirement for registration within said countries or jurisdictions. 

USERS FROM EMBARGOED OR SANCTIONED COUNTRIES AND JURISDICTIONS ARE PROHIBITED FROM ACCESS AND USE OF OUR WEBSITE AND SERVICES. Any such users who choose to violate embargos or sanctions to access our Website and Services do so from their own volition and are solely responsible for their actions. We do not automatically monitor geolocation of users who access and use our Website and Services to prevent access and use.

Users are required to comply with international and local laws, if and to the extent local laws are applicable. If users are prohibited from engaging in commercial activities with USA companies, you are prohibited from access and use of our Website and Services.

Users are further prohibited from the following activities (“Prohibited Activities”):

  • Access and use of our Website and Services for any commercial purpose except that which is specifically endorsed or approved by us including, without limitation, any effort to compete with us or otherwise use our Website and Services for any revenue generating endeavor or commercial enterprise,
  • Action to cause harm to, modify, damage, disrupt, circumvent, disable, or impair the features, functions, availability, operation, or maintenance of our Website and Services,
  • Action that is unlawful, illegal, harmful, or carried out to trick, defraud, or mislead us or other users including, without limitation, any attempt to obtain sensitive information such as user account credentials (e.g., username, password, email address, address), financial information, and/or personal information,
  • Action to harass, annoy, abuse, disparage, belittle, tarnish, defame, intimidate, threaten, bully, ridicule, oppress, discriminate against, or otherwise harm another user, or our employees, partners, or service providers, 
  • Unauthorized use of the Website and Services to collect usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or to create user accounts by automated means or under false pretenses,
  • Improper use of our support services,
  • Unauthorized framing of or linking to our Website and Services,
  • Action to upload, transmit, or attempt to upload or to transmit any pornographic content,
  • Action to upload, transmit, or attempt to upload or to transmit spyware, computer viruses, Trojan horses, worms, keystroke loggers, or any other malicious software to or through our Website and Services,
  • Systematic or automated data or Content collection including, without limitation, use of software or tools for data mining, scraping, data extraction, and data harvesting on, or in relation to, our Website and Services,
  • Systematic or automated use of any unauthorized script or other software that accesses, uses, or disrupts our Website and Services, 
  • Action to decipher, decompile, disassemble, or reverse engineer any of the software comprising, or in any way making up, the Website and Services (in whole or in part),
  • Action to assign, transfer, or delegate any or all of your rights and obligations at any time, and
  • If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party.

5. USER CONTENT

Material including, without limitation, text, images, audio, visual, or audio-visual that you submit to this Website and Services is “User Content”. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE USER CONTENT IN THE SUBMISSIONS AND CONTRIBUTIONS YOU MAKE IN ANY WAY CONNECTED WITH THE WEBSITE AND SERVICES. 

Submissions
User Content that you submit or send to us through form submissions, account set-ups, or any question, comment, suggestion, idea, feedback, or other information that you directly send to us via email, postal mail, certified mail, or other delivery service is a “Submission,” or collectively “Submissions”.

You agree that ALCEMIS may store, access, process, and use any of the personal information that you submit or send to us following the terms of our Privacy Policy and your choices. 

Contributions
User Content that you create, share, submit, post, display, transmit, perform, publish, distribute or broadcast via a website or services, including, without limitation, text, writings, links, video, audio, photographs, graphics, comments, suggestions, personal statements, or other material is a “Contribution,” or collectively “Contributions”. 

ALCEMIS reserves the right, but not the obligation, to provide you with features and functionality of our Website and Services that would allow you to make Contributions. Contributions you make on the Website, Services, and third-party social media websites or platforms related to ALCEMIS, such as LinkedIn, Instagram, or Facebook, are covered under these Terms.

Your Contributions may be viewable and accessible by other users of websites and services, including third-party websites. As such, any Contributions you make or transmit may be subject to the terms and privacy policy of each website or platform. We strongly suggest that you read and understand the policies provided by each website or platform.

User Content Submissions and Contributions License and Rights
Notwithstanding the terms of our Privacy Policy regarding the personal information you share with us, when you submit, send, share, post, or upload any User Content as a Submission or Contribution, you grant ALCEMIS a worldwide, irrevocable, non-exclusive, royalty-free license and rights to store, process, use, reproduce, adapt, publish, translate, and distribute your Submission or Contribution, with or without attribution, in any existing or future media for any lawful purpose, commercial or otherwise, without compensation to you.

You retain full ownership of all of your Submissions and Contributions and any intellectual property rights or other prepared proprietary rights associated with your Submissions and Contributions.

6. USER REPRESENTATIONS AND RESPONSIBILITIES

By using our Website and Services including, without limitation, providing User Content Submissions and Contributions, you represent and warrant that:

  • You have the legal capacity and agree to comply with these Terms,
  • You have read and agree to refrain from all Prohibited Use including, without limitation, the Prohibited Activities,
  • You are 18 years or older in the jurisdiction in which you reside,
  • You will refrain from accessing the Website and Services through automated or non-human means, whether through a bot, script, or otherwise,
  • You will refrain from using the Website and Services for any illegal or unauthorized purpose,
  • Your use of the Website and Services does not and will not violate any applicable law or regulation,
  • You will immediately stop accessing and using the Website and Services if you are prohibited from engaging in commercial activities with USA companies,
  • You are solely responsible and liable for the Submissions and Contributions that you make,
  • Your Submissions and Contributions are original to you, or you have the necessary permissions, rights, and licenses to submit them, and that your Submissions and Contributions do not and will not infringe upon the intellectual, proprietary, or moral rights of any third party,
  • You have full authority to grant us the above mentioned User Content Submissions and Contributions License and Rights,
  • You waive any and all moral rights to your User Content Submissions and Contributions, to the extent permissible by applicable law,
  • Your Submissions and Contributions are not false, inaccurate, deceitful, or misleading,
  • Your Submissions and Contributions are not harassing, hateful, harmful, defamatory, libelous, slanderous, bullying, ridiculing, disparaging, mocking, abusive, violent, discriminatory, oppressive, threatening, intimidating, obscene, lewd, filthy, sexually explicit, or otherwise objectionable as determined by us,
  • Your Submissions and Contributions do not constitute confidential information,
  • Your Submissions and Contributions are not and never have been the subject of any threatened or actual legal proceedings or other similar complaint,
  • Your Submissions and Contributions do not violate any applicable law, regulation, or rule,
  • Your Submissions and Contributions are not offensive toward and do not violate any applicable law concerning discrimination against any person based on race, national origin, religion, gender, sexual preference, or physical handicap,
  • Your Submissions and Contributions do not violate any applicable law concerning child pornography or law otherwise intended to protect the health or well-being of minors,
  • Your Submissions and Contributions do not violate the privacy or public publicity rights of any third party,
  • Your Submissions and Contributions are not unsolicited or unauthorized advertising, spam, mass mailings, promotional materials, pyramid schemes, chain letters, or other forms of solicitation,
  • You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Submissions and Contributions,
  • You agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law, and
  • If we provide access to restricted or subscription-based areas of the Website and Services that require users to set up an account, you are responsible for keeping your user account credentials confidential including, without limitation, your username and password.

Any use of the Website and Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website and Services.

7. OUR RIGHTS

ALCEMIS reserves the right, but not the obligation, to:

  • Manage our Website and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website and Services,
  • Monitor the Website and Services for violations of these legal Terms, 
  • Assign any or all of our rights and obligations to others at any time,
  • Take appropriate legal action against any user who, in our sole discretion, violates the law or these Terms including, without limitation, reporting such user to law enforcement authorities,
  • Restrict access to areas of the Website and Services,
  • In our sole discretion and without limitation, notice, or liability, remove or otherwise disable any file or content that is excessive in size or in any way becomes burdensome to our systems, 
  • In our sole discretion and without limitation, notice, or liability, limit the availability of or disable, to the extent technologically feasible, any of your Submissions and Contributions (or any portion thereof) that violates these Terms, 
  • In our sole discretion and without limitation, notice, or liability, disable, suspend, or terminate your account or newsletter/email subscription and refuse any or all current or future use of the Website and Services, if you provide any information that is untrue, inaccurate, out-of-date, or incomplete, and/or you violate these Terms,
  • Correct any errors, inaccuracies, or omissions, and to change or update the information on the Website and Services at any time without prior notice, and
  • Change, revise, update, suspend, discontinue, or otherwise modify the Website and Services (in whole or in part) at any time or for any reason at our sole discretion, without notice, and without liability to you or any third party.

8. SERVICES

We make every effort to accurately display the features, details, and availability of Services available on the Website including, without limitation, physical or digital products that may be offered. All Services are subject to availability, and we cannot guarantee that items will be available. We reserve the right to discontinue any Service at any time for any reason. Prices for all Services are subject to change at any time without prior notice.

9. PURCHASES AND PAYMENT

We accept the following forms of payment: any payment type accepted by Square and, at our discretion, ACH/Direct Deposit. All payments shall be in US dollars. 

You agree to provide current, complete, and accurate purchase and account information for all Services purchased. You further agree to promptly update your account and payment information including, without limitation, email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. 

Sales tax will be added to the price of purchases as legally required. You agree to pay all charges at the prices then in effect for your purchases plus any applicable tax and shipping fees, and you authorize us to charge your chosen payment provider for any such amounts. 

Upon placing your order, we reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Website and Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to prohibit unlawful purchases.

10. REFUND POLICY

Unless otherwise stated, all sales are final.

11. THIRD-PARTY WEBSITES AND CONTENT

Our Website and Services may contain links to other websites (“third-party websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, application, software, and other content or items belonging to or originating from third parties (“third-party content”). We do not investigate, monitor, or check third-party websites and third-party content for accuracy, appropriateness, or completeness. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY WEBSITES THAT YOU ACCESS THROUGH OUR WEBSITE AND SERVICES, OR FOR ANY THIRD-PARTY CONTENT POSTED ON, AVAILABLE THROUGH, OR INSTALLED FROM THE WEBSITE AND SERVICES. 

IF YOU DECIDE TO LEAVE OUR WEBSITE AND SERVICES AND ACCESS THIRD-PARTY WEBSITES, OR USE OR INSTALL ANY THIRD-PARTY CONTENT, YOU DO SO AT YOUR OWN RISK, AND YOU SHOULD BE AWARE THAT OUR TERMS, INCLUDING OUR PRIVACY POLICY, NO LONGER GOVERN. We do not control how these third parties manage their business operations, set their terms and policies, or collect, use, and disclose your information for their business purposes or to serve up interest-based advertisements. YOU ARE ENCOURAGED TO READ AND UNDERSTAND THIRD-PARTY TERMS AND POLICIES, INCLUDING EACH THIRD PARTY’S PRIVACY AND DATA GATHERING PRACTICES.

WE DISCLAIM RESPONSIBILITY WHATSOEVER IN RELATION TO PURCHASES THAT ARE BETWEEN YOU AND A THIRD PARTY. You agree and acknowledge that we do not endorse the products or services offered on third-party websites, and you shall hold us blameless from any harm or loss caused by your contact with a third-party website, your purchase of products or services from a third-party website, or your access, interaction, or use of any third-party content.

12. WARRANTY DISCLAIMERS

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, OR STATUTORY, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRIGEMENT. NOTHING IN THESE TERMS WILL BE CONSTRUED TO OBLIGATE US TO MAINTAIN AND SUPPORT THE WEBSITE AND SERVICES OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH.

WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE CONTENT, FEATURES, OR FUNCTIONALITY OF THE WEBSITE AND SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, OR ABILITY TO MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE NO WARRANTY OR REPRESENTATION THAT (1) YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (2) THAT THE WEBSITE AND SERVICES, OR ANY SERVER THROUGH WHICH YOU ACCESS THE WEBSITE OR SERVICES, IS FREE OF MALICIOUS SOFTWARE OR OTHER HARMFUL COMPONENTS.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE AND SERVICES IS ACCESSED AND USED AT YOUR OWN DISCRETION AND RISK. CONTENT ON THIS WEBSITE IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE OF ANY KIND. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM SUCH CONTENT OR ANY ACTION TO ACQUIRE SAID CONTENT. 

YOU UNDERSTAND THAT IN USING THE WEBSITE AND SERVICES, PERSONAL OR SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE WHICH IS NOT UNDER OUR CONTROL. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY WITH RESPECT TO SUCH THIRD-PARTY INFRASTRUCTURE.

YOU ACKNOWLEDGE THAT THIRD-PARTY WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER FROM US, AND ARE USED BY YOU AT YOUR OWN RISK. WE DO NOT WARRANT THAT ANY THIRD PARTY COMPLIES WITH APPLICABLE LAWS OR YOUR LEGAL OR REGULATORY REQUIREMENTS, THAT THEY ARE ACCURATE OR CURRENT, OR THAT THEY ARE EFFECTIVE TO ACCOMPLISH THEIR APPARENT PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY, OR PURCHASED FROM, A THIRD PARTY THROUGH OUR WEBSITE OR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR APPLICATION FEATURED IN ANY ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY ACTIVITY OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

13. LIMITATIONS OF LIABILITY

TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION, THEFT, OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTIONS, LOSS OF GOODWILL, PROPERTY DAMAGE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, DELAY, OR FAILURE TO ACT DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, “ACTS OF GOD” OR WAR. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF CERTAIN DAMAGES, SO THIS LIMITATION, IN WHOLE OR IN PART, MAY NOT APPLY TO YOU. In no event shall you be entitled to recover damages from us that exceed the amount paid, if any, by you to us during the one (1) month period immediately prior to the event giving rise to the claim for damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 

14. INDEMNIFICATION

You agree to indemnify, defend, and hold ALCEMIS harmless, including, as applicable, our parent, subsidiaries, officers, directors, employees, affiliates, partners, agents, contractors, and suppliers, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses (collectively “Claims”), made by any third party to the extent that such Claims are based on, or arise out of, (a) your use of the Website and Services; (b) your breach of these Terms including, without limitation, any failure to comply with your representations and responsibilities under these Terms; (c) your gross negligence or willful misconduct; (d) your violation of the rights of a third party including, without limitation, intellectual property rights; (e) any overt harmful action you make toward any other user of the Website and Services with whom you connected via the Website and Services; or (f) your violation of any law.

15. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Website and Services. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to terminate your access to and use of the Website and Services for any reason or for no reason including, without limitation, for breach of any representation, warranty, or agreement contained in these Terms, or for breach of any applicable law or regulation. 

16. GOVERNING LAW

These Terms and your use of the Website and Services are governed by and construed in accordance with the laws (notwithstanding conflicts of law rules) of the State of Minnesota. To the extent that court action is permitted under these Terms, you expressly and irrevocably submit to the jurisdiction of any state or federal court in Hennepin County, State of Minnesota, over any claim, suit, action, or proceeding arising out of or related to these Terms and permitted to be brought in court as provided hereunder. To the fullest extent permitted by applicable law, you waive and agree not to assert, as a defense or otherwise, (i) any claim that you are not subject to the jurisdiction (in persona or otherwise) of any such court, (ii) any objection that you may now or hereafter have to the laying of venue in any such court, or (iii) any claim that any action, suit, or proceeding has been brought in an inconvenient forum.

17. DISPUTE RESOLUTION

Informal negotiation and resolution: To expedite resolution and minimize the cost of any dispute, controversy, or claim (“dispute” or, collectively, “disputes”) arising out of or relating to either your or our performance under these Terms, you and ALCEMIS (“the parties” or, individually, “party”) agree to first attempt to resolve the dispute or disputes in good faith through informal negotiations for at least 30 days before initiating binding arbitration. Such informal negotiations commence upon receipt of written Notice from one party to the other party. 

Binding arbitration: If the parties are unable to resolve a dispute through informal negotiations, the dispute will be resolved by binding arbitration. Such arbitration will be commenced and conducted in English before a single arbitrator under the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), in effect at the time of filing of the arbitration. AAA Rules and AAA Consumer Rules are both available at the AAA website (www.adr.org).

YOU UNDERSTAND AND AGREE THAT YOU AND ALCEMIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. 

In no event shall any dispute, brought by either party, related in any way to the Website and Services commence more than one (1) year after the cause of action arose. 

Unless otherwise ordered by the arbitrator, the parties will bear their respective costs incurred in connection with any arbitration hereunder. Arbitration fees and arbitrator compensation shall be governed by the AAA Consumer Rules, and where appropriate, limited by the AAA Consumer Rules.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hennepin County, State of Minnesota, and may be conducted in person, through the submission of documents, by phone, or online. Per Rule R-22, all hearings throughout arbitration will be held virtually by default, or by other means approved by the arbitrator. Hearings will only be conducted in person if a party requests an in-person hearing and the arbitrator grants that request.

The arbitrator will make a decision in writing, but need not provide a statement of reasons, unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitrator will have no authority to award punitive or exemplary damages. The arbitrator’s decision and award is final and binding, and judgment on the award rendered may be entered in any court of competent jurisdiction.

Subject to the Governing Law referenced herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. 

EU/EEA, UK, And Swiss Users and Residents ONLY: If you believe your privacy rights under the GDPR have been violated and unresolved, the GDPR gives you the right to file a complaint with a supervisory authority having jurisdiction for your issues. You can find a list of supervisory authorities here: https://ec.europa.eu/newsroom/article29/items/612080. 

California Users and Residents ONLY: If you have an unresolved privacy rights complaint, you can submit a complaint using this form from the California Privacy Protection Agency: https://cppa.ca.gov/webapplications/complaint 

For any other unresolved complaint in California, you can request assistance to file a claim from:
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Boulevard, Suite N 112
Sacramento, CA 95834
Phone: (800) 952-5210

18. PRIVACY POLICY

We respect and are committed to protecting your data privacy. When you access our Website and Services, we may learn certain information about you, both automatically and through voluntary actions you take. Our Privacy Policy explains how we collect, use, and disclose your information when you access and use the Website and Services. Generally speaking, we will store and maintain certain information that you transmit to us through the Website and Services for the purposes of managing and improving the performance of the Website and Services. YOU ARE SOLELY RESPONSIBLE FOR ALL INFORMATION THAT YOU TRANSMIT OR THAT RELATES TO ANY ACTIVITY YOU HAVE UNDERTAKEN USING THE WEBSITE AND SERVICES. YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR CORRUPTION OF ANY SUCH INFORMATION, AND YOU HEREBY WAIVE ANY RIGHT OF ACTION AGAINST US ARISING FROM ANY LOSS OR CORRUPTION OF YOUR PERSONAL INFORMATION. 

Please review our Privacy Policy. By using the Website and Services, you agree to be bound by our Privacy Policy, which is hereby incorporated into these Terms. The Website and Services are hosted in the USA. If you access the Website and Services from any other region of the world with laws or other requirements governing personal information collection, use, or disclosure that differ from applicable laws in the USA, you acknowledge that, through your continued use of the Website and Services, you are transferring your information into and outside the USA, and you expressly consent to have your personal information transferred to and processed both inside and outside the USA.

19. TESTIMONIALS

The Website and Services may contain testimonials by users. Testimonials reflect the real-life personal experiences and opinions of such users. As such, testimonials may not necessarily be representative of all users of our Website and Services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL EXPERIENCE MAY VARY. Testimonials are submitted in various forms such as text, audio, and/or video, and we review them before posting. Testimonials appear as given by the user, except for correction of grammar or typing errors. Some testimonials may be shortened for the sake of brevity where the full testimonial contained extraneous information irrelevant to the general public. Views and opinions expressed in testimonials belong solely to the user submitting the testimonial. Users are not paid or otherwise compensated for their testimonials.

20. ELECTRONIC CONSENT

The world continues to operate in a digital and electronic context. Accessing and using the Website and Services, sending us emails, completing online forms, and making purchases online or through digital means constitute “Electronic Communications”. You consent to receive Electronic Communications, and you agree that all terms, policies, agreements, notices, disclosures, and other communications that we provide to you electronically via email or through the Website and Services satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic contracts, orders, signatures, and other records and to electronic delivery of notices, terms, policies, and records of transactions initiated or completed by us or via the Website and Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or payments or granting of credits by any means other than electronic means.

21. SEVERABILITY

If any provision of these Terms should be held by any court to be invalid, illegal, or unenforceable, that provision, or part of the provision, is deemed severable from these Terms and does not affect the validity, legality, and enforceability of any remaining provisions, either in whole or in part, all of which remain in full force and effect.

22. REASONABLENESS

By using this Website and Services, you agree that the Terms including, without limitation, the exclusions, disclaimers, and limitations of liability set out herein are reasonable. If you do not think they are reasonable, you must refrain from access and use of this Website and Services.

23. GENERAL PROVISIONS

These Terms, including the referenced Privacy Policy, constitute the entire understanding and agreement between you and us. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or your use of the Website and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. 

24. CONTACT US

For general inquiries, to receive further information regarding use of the Website and Services, or to file Notice to resolve a complaint regarding the Website and Services, please contact us. Notices will be effective when actually received.

ALCEMIS, LLC
3800 American Blvd W
Suite 1500
Bloomington, MN 55431
legal@ALCEMIS.com