Terms of Service

Effective date: Sep 1, 2020

These Terms of Service (“Terms”) are an agreement between you(“you”) and Wereturn inc. (“Company”, “we”, “us”, “Goji” or “our”) that allowsyou to use our software, subscriptions, applications (“apps”), websites andother products and services, as long as you follow the Terms.
By accessing or using any of our websites, content, mobile applications(“apps”), tools, widgets, subscription products or services, software, API(s),browser plugins or extensions, widgets, and/or other product(s), service(s),data, or information supplied to you by the Company (collectively, asapplicable, the "Services
"), you signify your agreement to (1) all terms and conditions in theseTerms, (2) our privacy policy located on our website (“PrivacyPolicy”), and (3) any other standard policies or communityguidelines, if any, posted in our Services, which are all expresslyincorporated herein and must also be observed and followed (clauses (1) through(3) collectively, the “Agreement”).

introductionBy accessing or using any Services, including without limitation bydownloading, installing or using any associated software, APIs, plugins or appssupplied by the Company, including any for which the purpose is to enable youto use the Services (collectively, the "Software", which isconsidered a part of the Services), you agree to the terms of this Agreement.Any reference to the “website(s)”, the “web site(s)”, the “site”, “www.getgoji.com”,or other similar references, shall include any and all pages, subdomains, affiliateddomains, brands, products or other areas of our website, or any otheraffiliated sites or domains owned or operated by or on behalf of us, plus anyof the online content, information and services as made available in or throughthe website. The Services include without limitation all aspects of thewebsite, or of any app or other product or service, including but not limitedto all products, Software and other applications, features, channels andservices offered therein. Any reference to “content” shall include all contentin all forms or mediums, such as (without limitation) text, software, scripts,graphics, photos, sounds, music, videos, audiovisual combinations, interactivefeatures and other materials you may view on, access through, or contribute tothe Services.You may need to register with us to access anduse some of our Services. You must not initiate or participate in anyactivities on our Services that are illegal, harmful, or interfere withanyone's use of our Services, including without limitation.You must be at least 18 years of age, and, wherelaw requires an older legal age, of legal age for contractual consent or olderto use this website and/or the other Services. Due to the age restrictions, nocontent or information from the Services falls within the Child Online PrivacyProtection Act (“COPA”) and is not monitored as doing so. All information andservices are exchanged electronically, via the internet.  You areresponsible for maintaining your own access to the internet and for obtainingand maintaining any equipment and ancillary services needed to connect to,access or otherwise use the Services, including, without limitation, modems,hardware, servers, software, operating systems, networking, web servers and thelike (collectively, “Equipment”). You shall also be responsible for maintainingthe security of the Equipment. You consent to receiving communicationselectronically. Company is a privately owned and operated company and does notrepresent or speak for any governmental office or authority. You may acquireadditional products, services and/or content of ours from our websites orServices. We reserve the right to require that you agree to separate agreementsas a condition of your use and/or purchase of such additional products,services and/or content, which terms will apply in addition to these Terms.i. description of servicesThe Service includes, among other things, asearch, directory, and purchase platform for enabling the connection betweenindividuals seeking to obtain certain third party products and services (“ThirdParty Products”) from certain individuals or companies (“Third Party ProductProviders”) seeking to provide Third Party Products to consumers or other endusers, and we merely help facilitate that independent, third party transaction.The Company is merely a facilitator, and doesnot make the Third Party Products, and therefore does not guarantee or warrant,and makes no representations regarding, any Third Party Products and/or ThirdParty Product Providers, including without limitation regarding thereliability, quality, safety, cost, appropriateness, or suitability thereof,nor that the applicable Third Party Product Provider has the rights to sellsuch applicable Third Party Products to you. You agree to hold the Company freefrom any responsibility, liability or damage, that might arise out of thepurchase or use of any Third Party Products and the transactions involved insuch purchase.
We may be acting as your agent, makingtransactions on your behalf. In such case, you are responsible for suchtransactions. We will endeavor to work within the scope of your authority. Wereserve the right to charge transaction fees and/or service charges forproviding this Service, and you agree to pay them. We may also pass through anycosts or expenses we incur during any transaction(s) made on your behalf (insome cases, with reasonable markup). We will do our best to disclose thesefees. These may include without limitation fees from payment providers, creditcard companies, middlemen, etc.
We reserve the right to open accounts, whether in our name or in your name,in our discretion as reasonably necessary or helpful to perform the Servicesand transactions for you, such as, for example, opening one time use debitaccounts or other one time use disposable accounts to use for yourtransactions, in an effort to make your transactions more secure and/or moreprivate.

For certain transactions, we may not know the final price of the applicableThird Party Product to be charged to you by the Third Party Product Provider,including, e.g., all taxes and shipping costs, and all transaction fees andservice charges, etc., until after you have agreed to purchase and/orconsummated the purchase. You consent and agree to this and remain responsiblefor your purchase instructions even if and when the final price so differs.
Although you are buying from the Third Party Product Provider (subject only toany warranties they offer, if any), we may be listed as the ‘merchant ofrecord’ on your credit card statement; you expressly acknowledge and agree thatdoes not negate any of the provisions herein, including without limitation thatthe Third Party Product Provider, and not us, is liable for any problems orissues with, and/or any disputes over, the Third Party Products, includingwithout limitation, warranty issues, failure to deliver, delays in delivery,damage during delivery, etc.
If and when  you click to share or use the Service, you are consenting toallow us to perform the requested actions, including without limitation, asapplicable, consenting to allow us to access your camera, your photos, yourbrowser, your social media accounts, and other locations from which youinitiate transactions, your other relevant accounts and subscriptions, and anycontent, metadata, or images therein or associated therewith, to perform theServices. You are responsible for following any and all applicable rules of anysuch third parties.

We reserve the right to determine, in our discretion, how the Servicedetermines which Third Party Product Provider to use once you have selected aThird Party Product to buy. We may offer you options, such as, withoutlimitation, prioritizing vendors you have used before, fastest to ship, lowestcost, or other parameters.

We reserve the right to update our Services at any time in our sole discretion.

Neither the company nor its affiliates or licensors is responsiblefor the conduct, whether online or offline, of any user of the service or thirdparty products nor any third party service providers. The company and itsaffiliates and licensors will not be liable for any claim, injury or damagearising in connection with your use of the service or the third partyproducts.it is up to the third party service provider to offer their thirdparty products. The company offers information and a method to obtain suchthird party products from third party service providers, but does not, and doesnot intend to, provide third party products or act in any way as a third partyservice provider, and has no responsibility or liability for any third partyproducts provided by (or failed to be provided by), nor for the actions orinactions of, any third party service providers.  Any individuals whoprovide any third party products are not employees nor contractors of companybut rather of third party service providers, and company is not responsible fortheir actions or inactions.
ii. passwords and accessIn order to access some features of theServices, you may have to register or create an account. You may never useanother's account without permission. When creating your account, you mustprovide accurate and complete information. Registration or subscription to theServices and payment of any applicable fee, authorizes a single individual touse the Services unless otherwise expressly stated.  You are solelyresponsible for the activity that occurs on your account, and you must keepyour account password secure. You must notify Company immediately of any breachof security or unauthorized use of your account. Although Company will not beliable for your losses caused by any unauthorized use of your account, you maybe liable for the losses of Company or others due to such unauthorized use. Itis a condition of your use of the Services that all the information you providewill be correct, current, and complete; If we believe the information youprovide is not correct, current, or complete, we have the right to refuse youaccess to the Services or any of its resources, and to terminate or suspendyour access at any time, without notice.You shall not download any content, software orservices unless you see a “download” or similar link displayed by Company onthe Services for that content. You shall not copy, reproduce, distribute,transmit, broadcast, display, sell, license, or otherwise exploit any contentfor any other purposes without the prior written consent of Company or the respectivelicensors of the content. Company and its licensors reserve all rights notexpressly granted in and to the Services and their content.You agree not to circumvent, disable orotherwise interfere with security-related features of the Services or featuresthat prevent or restrict use or copying of any content or enforce limitationson use of the Services or the content therein.iii. your obligationsYou represent and warrant that all informationthat you provide to us will be true, accurate, complete and current, and thatyou have the right to provide such information to us in connection with youruse of the Services.  You must comply with the terms of any applicablepolicies posted in our Services, including any Acceptable Use Policy.You may not:1. restrict or inhibit any other user from usingand enjoying the Services;2. post or transmit any unlawful, fraudulent,libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated,profane, threatening, abusive, hateful, offensive, false, misleading,derogatory, or otherwise objectionable information of any kind, includingwithout limitation any transmissions constituting or encouraging conduct thatwould constitute a criminal offense, give rise to civil liability, or otherwiseviolate any local, state, national or foreign law, including without limitationthe U.S. export control laws and regulations;3. post or transmit any advertisements,solicitations, chain letters, pyramid schemes, investment opportunities orschemes or other unsolicited commercial communication (except as otherwiseexpressly permitted by Company) or engage in spamming or flooding;4. post or transmit any information or softwarewhich contains a virus, Trojan horse, worm or other harmful component;5. upload, post, publish, reproduce, transmit ordistribute in any way any component of the Services itself or derivative workswith respect thereto;6. resell or otherwise exploit for commercialpurposes, directly or indirectly, any portion of the Services, or access to them;7. use email addresses obtained from theServices for solicitation purposes of any kind, directly or indirectly;8. use data mining, robots or other similar datagathering and extraction tools;9. access (or attempt to access) this sitethrough any automated means (including use of scripts or web crawlers);10. make any derivative works based, in whole orin part, on any portion or all of the Services;11. use i-frames, webpage frames, or any similarframing, to enclose, capture or distribute any part of the Services;12. mirror or cache or store any pages orportions of the Service;13. co-brand any portion of the Services;14. otherwise imply any relationship with orendorsement of your brands or services;15. use a false email address, impersonate anyperson or entity, forge e-mail headers or otherwise disguise the origin of anycommunication or mislead as to the source of the information you provide to theServices;16. portray Company or any company affiliatedwith it in a negative manner or otherwise portray its Services in a false,misleading, derogatory or offensive manner;17. use the Services in any manner that could damage,disable, overburden, or impair our servers or interfere with any other party'suse and enjoyment of the Services;18. attempt to gain unauthorized access to anyservices or information to which you have not been granted access throughpassword mining or any other process;19. post or transmit any photograph or likenessof another person without that person's consent, if and to the extent necessaryunder applicable laws;20. post, publish, transmit, reproduce,distribute or in any way exploit any information, software or other materialobtained through the Services for commercial purposes (other than as expresslypermitted by the Services and by the provider of such information, software orother material); or21. upload, post, publish, transmit, reproduce,or distribute in any way, information, software or other material obtainedthrough the Services which is protected by copyright, or other proprietaryright, or derivative works with respect thereto, without obtaining permissionof the copyright owner or rightsholder, or which otherwise violates orinfringes the rights of others, including without limitation, patent,trademark, trade secret, copyright, publicity, or other proprietary rights.Company has no obligation to monitor theServices. However, you acknowledge and agree that Company has the right tomonitor the Services electronically from time to time, and to disclose anyinformation as necessary or appropriate to satisfy any law, regulation or othergovernmental request, to operate the Services properly, or to protect itself orits customers.   Company reserves the right to refuse to post or to removeany information or materials, in whole or in part, that, in its solediscretion, are unacceptable, undesirable, inappropriate or in violation ofthis Agreement.With respect to any Software, including withoutlimitation subscription software as a service, subject to the terms andconditions of this Agreement, we hereby grant to you a limited, nonexclusive,non-transferable license to access and use such Software during the term ofthis Agreement, solely by the number of authorized users, and only up to theapproved and mutually agreed usage volumes, as set forth on the applicableordering document or as otherwise mutually agreed, and solely for internal andnon-commercial purposes, provided that you shall also comply at all times withall official documentation, technical manuals, functional manuals, operator anduser guides and manuals.You shall not, and shall not attempt to (andshall not authorize or allow any third party to or attempt to): (a) download orotherwise obtain a copy of the Service (as applicable as such term is usedherein, including any portion thereof) in any form; (b) reverse engineer,reverse compile, decompile, disassemble, or translate, exploit, or otherwisederive the source code of the Service or otherwise modify, the Service, orcreate any derivative works thereof; or (c) use the Service on behalf of anythird party or for any purpose other than as described in this Agreement; (d)sell, resell, lease, license, sublicense, distribute, reproduce, copy,duplicate, or otherwise transfer or exploit the Service or use it as a servicebureau; (e) post, send, process or store infringing, obscene, threatening,libelous, or otherwise unlawful or tortuous material, including materialviolating of third party rights; (f) post, send, process or store materialcontaining software viruses, worms, Trojan horses or other harmful or maliciouscomputer code, files, scripts, agents or programs; (g) interfere with ordisrupt the integrity or performance of the Service or attempt to gainunauthorized access to the Service or related systems or networks; (h) remove,alter or obscure any titles, product logo or brand name, trademarks, copyright notices,proprietary notices or other indications of the intellectual property rightsand/or our rights and ownership thereof, whether such notice or indications areaffixed on, contained in or otherwise connected to the software or on anycopies made in accordance with this Agreement; (i) remove, alter or obscure anytitles, product logo or brand name, trademarks, copyright notices, proprietarynotices or other indications of the intellectual property rights and/or ourrights and ownership thereof, whether such notice or indications are affixedon, contained in or otherwise connected to the Service, or documentation, or onany copies made in accordance with this Agreement; (j) use, or authorize orpermit the use of, the Service except as expressly permitted herein; (k) usethe Service to perform any activity which is or may be, directly or indirectly,unlawful, harmful, threatening, abusive, harassing, tortuous, or defamatory,nor to perform any activity which breaches the rights of any third party. TheService may be used only by you (i) for your internal business purposes andonly for your direct benefit; (ii) only by the number of persons for whom alicense fee has been paid, and all such use may only be by those persons usingthe Service for the benefit of you in the course and scope of their employment,subject to the terms hereof; (iii) only in its original form without alterationor combination with other products, services or software except as expresslyauthorized in any applicable documentation; and (iv) in compliance with allapplicable laws and in compliance with all documentation and instructionsprovided by us. You agree not to copy, duplicate or imitate, in whole or inpart, any concept, idea, business model, business process, product, service orother intellectual property or other ideas or content embodied in the Servicesor learned by you from your use of or access to the Services.  You agreenot to use the Services to violate any local, state, national or internationallaw or to impersonate any person or entity, or otherwise misrepresent youridentity or your affiliation with a person or entity. Materials you post to theServices may not contain URLs or links to websites that compete with theServices nor other competitive content or references.We grant to you a limited, revocable, andnonexclusive right to create a hyperlink to our publicly available website(s),subject to the terms hereof, provided that the link does not portray us or ourproducts or services in a false, misleading, derogatory, or offensive matter,and provided you do not i-frame them or alter the content therein or in any wayimply a relationship therewith. You may not use any logo, trademark, ortradename that may be displayed on this site or other proprietary graphic imagein the link without our prior written consent.You will keep and protect any of ourConfidential Information as confidential, using at least the same efforts youuse to protect your own confidential information and in no event less thanreasonable and industry standard efforts.  Our “Confidential Information”includes the Services, documentation and information about the Services andtheir operation, and any other information you obtain from or about us or fromor about the Services, or any other information which a reasonable person wouldor should understand to be confidential or proprietary in nature.  Youagree to return or destroy our Confidential Information when this Agreement isover. You acknowledge and agree we shall be entitled to seek equitable reliefin any court of competent jurisdiction without the necessity of posting bondand in addition to such other remedies as may be available under law or inequity.  Your confidentiality obligations shall survive termination orexpiration of this Agreement.While this Section highlights some of your keyobligations, headers and section titles are for convenience only, and you arebound by all the terms of this Agreement.iv. public postings and licensed materialsWe will use reasonable efforts to protect theconfidentiality of certain personally identifiable information you submit to us(e.g., your address and credit card information submitted by you initially forthe purpose subscribing to the Service) (“Personally IdentifiableInformation”), in accordance with the Privacy Policy posted on our website.Certain material you may post on our Services isor may be available to the public, including without limitation any publicprofile data, feedback, questions, comments, suggestions, uploads, blog entries,ratings, reviews, images, videos, poll answers, etc., in any form or media,that you post via the Services or otherwise (collectively, "PublicPostings").  These Public Postings will be treated asnon-confidential and nonproprietary.  You are responsible for any PublicPostings and the consequences of sharing or publishing such content with othersor the general public. This includes, for example, any personal information,such as your address, the address of others, or your current location. WE ARE NOTRESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OROTHER INFORMATION ON THE SERVICES.Other content or communications you transmit tous, including without limitation any feedback, data, questions, comments,suggestions, in any form or media, that you submit to us via e-mail, theServices or otherwise (to the extent excluding any Personally IdentifiableInformation, collectively, "Submissions"), will be treated asnon-confidential and nonproprietary.By providing any Public Posting or Submission,you (i) grant to Company a royalty-free, non-exclusive, perpetual, irrevocable,sub-licensable right to use, reproduce, modify, adapt, publish, translate,create derivative works (including products) from, distribute, and display suchcontent throughout the world in all media and you license to us all patent,trademark, trade secret, copyright or other proprietary rights in and to suchcontent for publication on the Services pursuant to this Agreement; (ii) agreethat we shall be free to use any ideas, concepts or techniques embodied thereinfor any purpose whatsoever, including, but not limited to, developing andmarketing products or services incorporating such ideas, concepts, ortechniques, without attribution, without any liability or obligation to you;(iii) grant to Company the right to use the name that you submit in connectionwith such content. In addition, you hereby waive all moral rights you may havein any Public Posting or Submissions.You shall be solely responsible for your owncontent and any Public Postings and Submissions. You affirm, represent, andwarrant that you own or have the necessary licenses, rights, consents, andpermissions to publish content you post or submit.  You further agree thatcontent you submit via Public Postings or Submissions will not contain thirdparty copyrighted material, or material that is subject to other third partyproprietary rights, unless you have permission from the rightful owner of thematerial or you are otherwise legally entitled to post the material and togrant us all of the license rights granted herein.  You further agree thatyou will not submit to the Services any content or other material that iscontrary to any posted “community guidelines” or similarly titled document, ifany, which may be updated from time to time, or contrary to applicable local,national, and international laws and regulations.We do not endorse any content submitted to theServices by any user or other licensor, or any opinion, recommendation, oradvice expressed therein, and we expressly disclaim any and all liability inconnection with content. We do not permit copyright infringing activities andinfringement of intellectual property rights on the Services, and we willremove all content if properly notified that such content infringes onanother's intellectual property rights as set forth herein below. We reservethe right to remove content without prior notice.  We reserve the right todecide whether your content violates this Agreement for reasons other thancopyright infringement, such as, but not limited to, pornography, obscenity, orexcessive length. We may at any time, without prior notice and in our solediscretion, remove such content and/or terminate a user's account or otherwiseblock access for submitting such material in violation of this Agreement.We are not responsible for end user error orerrors in inputs or for errors in any user supplied data.  We do notindependently verify the truthfulness or accuracy of any data or content inputinto the Services and are not responsible for the fraud, misrepresentation,negligence or misconduct of any end user or other third party.Neither party shall issue or release anyannouncement, statement, press release or other publicity or marketingmaterials relating to this Agreement or otherwise use the other party’strademarks, service marks, trade names, logos, domain names or other indicia ofsource, affiliation or sponsorship, in each case, without the prior writtenconsent of the other party, which consent shall not be unreasonably withheld,conditioned or delayed, provided, however, that we may, without your consent,include your name and/or other indicia in our lists of  current or formercustomers in promotional and marketing materials. Additionally, upon yourconsent, we may prepare a case study relating to your access and use of theServices, including but not limited to one or more testimonials from you oryour users, aggregated data of the results of your use of the Services, and otherinformational material as determined by us. you agree to provide reasonableassistance to us and timely responses in our preparation of said case study.v. fees and paymentsIf and to the extent any portion of the Servicesmay require a fee payment or incremental payment or subscription, you agree topay Company any applicable fees posted for the Services. By completing andsubmitting any credit card or other payment authorization through the Services,you are authorizing Company to charge the fees to the account you identify. Youmust keep all billing information, including payment method, up to date. Youagree to pay us for all charges incurred under your account, including allapplicable taxes, fees, and surcharges. You authorize and direct us to chargeyour designated payment method for these charges or, if your designated paymentmethod fails, to charge any other payment method you have on file with us.Further, you authorize and direct us to retain information about the paymentmethod(s) associated with your account. If we do not receive payment from yourdesignated payment method or any other payment method on file, you agree to payall amounts due upon demand by us.  You will be responsible for accruedbut unpaid charges, even if your account is canceled by you or terminated byus.  During any free trial or other promotion, if any, you will still beresponsible for any purchases and surcharges incurred using your account.You are liable for any fees, including attorneyand collection fees, incurred by us in our efforts to collect any remainingbalances from you. Except as otherwise mutually agreed in writing, we reservethe right to change our fees with 30 days’ notice.You are responsible for allcharges incurred under your account, including applicable taxes, fees,surcharges, and purchases made by you or anyone you allow to use your account(including your children, family, friends, or any other person with implied, actual,or apparent authority) or anyone who gains access to your account as a resultof your failure to safeguard your username, password, or other authenticationcredentials or information.
v.i.ii reactivation fees: Iffor any reason Goji is unable to collect payment from you,and such payment isnot completed within three (3) days of the initial payment, YOUR USE OF THEGoji PURCHASING FUNCTIONALITY WILL BE SUSPENDED ENTIRELY. You will not be ableto make any purchases with Goji until you pay back the outstanding installmentand the Reactivation fee described below.Should you want to Reactivate youraccount, you may be subject to a reactivation fee of currently $10(“Reactivation Fee”). We reserve the right to change this fee. Ifa grace period of an additional 3 days has elapsed, Goji reserves the right tocharge another payment method you have on file for the full amount outstanding,as well as the Reactivation Fee. If this payment is successful and we are ableto collect both the outstanding installment and the Reactivation Fee, you willbe able to continue purchasing withGoji. If this is unsuccessful, your accountwill remain deactivated until we are able to collect the Reactivation Fee. ThisReactivation Fee applies to ALL purchases made on Goji via any payment method,and you are still liable for any pending payments while your account isdeactivated.v.i.iii your responsibilities for sufficientfunds: You are responsible for ensuring that your chosen paymentmethod is in good standing and has sufficient available funds to pay for yourService purchases and the Service Fee at the time of the Goji purchase on eachapplicable installment payment date (“Sufficient Funds”). If your paymentmethod is not in good standing or does not have Sufficient Funds at the time ofthe purchase transaction, your purchase transaction may be declined orreversed.If you fail to make a payment when due underthis Agreement, your Goji Services account will be deactivated, and you willnot be able to make any purchases with the Services until such time that theamount due and the Reactivation Fee is paid in full. In addition, if yourpayment method is not in good standing or does not have Sufficient Funds at thetime of the purchase via the Services but we process it anyway, your bank maycharge you fees for overdrawing your Card or your designated bank account fordirect debit (“Account”). If you overdraw your Card or Account, that may alsoresult in your breaching the terms of your applicable agreement with the cardissuer and/or bank and may impact your credit rating.vi. Goji account management
account deactivation: If Goji isunable to collect payment from you for any purchase with any payment method,your Goji account will be deactivated after a 3 day grace period. This meansthat you can no longer make any purchases with your Goji account with anypayment method (i.e. Bank, Card). All other product features will be availablefor your use. During that grace period, we may retry the charge with youroriginal payment method, or you may inform us that we can use a differentpayment method you have on file. Following the 3 day grace period, Goji reservesthe right to attempt to retry your payment with any payment method you have onfile for the outstanding balance as well as the Reactivation Fee. Your accountwill remain deactivated until you pay any outstanding balance as well as theReactivation Fee as described in the “Fees” section of these Terms. While youraccount is deactivated, you are still obligated to make payments for anyoutstanding.account reactivation: If we are successful in collecting the outstandingpayment and the Reactivation fee, your account will be automaticallyReactivated and you can continue purchasing with Goji. You only need to pay theReactivation fee if you decide you would like to reactivate your Goji account.However you are still obligated to pay for any outstanding balances forstandard purchases (past due and scheduled).vii. warranties and limitations of warrantiesIf you are not completely satisfied with theServices, your sole remedy is to cease using the Services.  With respectto any fee-based Services, if you signed up for designated term or timeframe,you will still be responsible for payment for the full term.  If you didnot subscribe for any minimum period, then you may cancel at any time on 30days advanced notice, and cease to use the Services, then you will not becharged any additional amounts after the effective date of such termination. In any case, you will be responsible for any and all charges and activityaccrued prior to your Services termination date, and those obligations willsurvive your termination of the Services. Company undertakes commerciallyreasonable efforts to ensure that the information it provides is current andaccurate, however, Company does not warrant the accuracy of information. Company also undertakes commercially reasonable efforts to protect theconfidentiality of any confidential information you provide, in accordance withthe Privacy Policy, however, Company does not guaranty the confidentiality ofsuch information against unauthorized third party access or system failure.The services, the website, and all information,content, and materials related to the foregoing, are provided "asis."  except as expressly stated in this agreement, we disclaim allwarranties, express or implied, including, but not limited to, any warrantiesof merchantability, fitness for a particular purpose, title, non-infringement,non-interference, system integration and accuracy of data.   We do notwarrant that use of the services will be uninterrupted, error-free or virusfree.  Although information that you submit may be password protected, wedo not guarantee the security of any information transmitted to or from theservices and you agree to assume the security risk for any information youprovide through the services.viii. limitations of liabilityIn no event shall we or our affiliates be liablefor any indirect, incidental, consequential or special damages, or for loss ofprofits or damages arising due to business interruption or from loss orinaccuracy of information, including if and to the extent any of the foregoingarises in connection with this agreement or your use or inability to use theservices, whether or not such damages were foreseeable and even if we wereadvised that such damages were likely or possible.  In no event will theaggregate liability of us to you for any and all claims arising in connectionwith this agreement or the services, exceed the total fees paid to us by you,if any, during the six-month period preceding the date of any claim (or $10 ifthe services are free). You acknowledge that this limitation of liability is anessential term between you and us relating to the provision of the service toyou and we would not provide the service to you without this limitation.You agree to indemnify, defend and hold harmless us and our affiliatedcompanies, and each of our and their respective officers, directors, members,agents, and employees from and against all losses, expenses, damages, claims,judgments, costs, expenses and liabilities, including reasonable attorneys'fees, incurred by us or such parties and/or arising out of or resulting from(1) any actual or alleged violation by you of this agreement (including anyrepresentation or warranty herein); (2) any activity related to your account byyou or any other person accessing the service with your password; (3) your useof and access to the services; (4) your actual or alleged violation of anythird party right, including without limitation any copyright, property orprivacy right; (5) your actual or alleged violation of any law, rule orregulation; and/or (6) your content or data, including if it causes any damageto a third party. Your defense, indemnification and hold harmless obligationsin this agreement will survive this agreement and your use of the services.You acknowledge that the information on theWebsite and other Services is provided 'as is' for general information only. Ifyou use the Services to provide any services in any heavily regulated industry,such as, without limitation, medical, legal, tax or financial advice, you arefully responsible for all such services, and represent and warrant that you areappropriately qualified and certified to do so, possessing all necessarylicenses and permits to do so. You indemnify us for any failure by you or youragents to do so and/or to follow any applicable laws, rules and regulations.You may use the Services for informational purposes only, as an aid, but onlyas one information source among many, and not as the sole basis for making anydecisions; you must conduct proper due diligence and use your own judgment whenmaking any decisions based on any information, analytics or reports derivedfrom the Services.We shall not be liable for any circumstancesarising out of causes beyond our reasonable control or without our fault ornegligence, including, but not limited to, Acts of God, acts of civil ormilitary authority, fires, riots, wars, embargoes, Internet disruptions, hackerattacks, epidemic, pandemic, quarantine, or communications failures, or otherforce majeure.If we breach this Agreement, you agree that yourexclusive remedy is to recover, from us or any affiliates, resellers,distributors, and vendors, direct damages up to an amount equal to yourServices fee for one month (or up to USD$10.00 if the Services are free). Youcan't recover any other damages or losses, including, without limitation,direct, consequential, lost profits, special, indirect, incidental, orpunitive.These limitations and exclusions apply if this remedy doesn't fullycompensate you for any losses or fails of its essential purpose or if we knewor should have known about the possibility of the damages. To the maximum extentpermitted by law, these limitations and exclusions apply to anything related tothis Agreement such as, without limitation, loss of content; any virusaffecting your use of the Services; delays or failures in starting orcompleting transmissions or transactions; claims for breach of contract,warranty, guarantee, or condition; strict liability, negligence,misrepresentation, or omission; trespass, or other tort; violation of statuteor regulation; or unjust enrichment. Some or all of these limitations orexclusions may not apply to you if your state, province, or country doesn'tallow the exclusion or limitation of incidental, consequential, or otherdamages.

ix. duration of termsOnce in effect, this Agreement will continue inoperation until terminated by either you or us.  However, even aftertermination, the provisions of sections III through XV of this Agreement willremain in effect in relation to any prior use of the Services by you.  You may terminate this Agreement at any time and for any reason by providingnotice to Company in the manner specified in this Agreement or by choosing tocancel your access to the Services using the tools provided for that purposewithin the Services.   We may terminate this Agreement without notice or,at our option, temporarily suspend your access to the Services, in the eventthat you breach this Agreement.  Notwithstanding the foregoing, Companyalso reserves the right to terminate this Agreement at any time and for anyreason by providing notice to you either through email or other reasonablemeans.   After termination of this Agreement for any reason, youunderstand and acknowledge that Company will have no further obligation toprovide the Services or access thereto.  Upon termination, all licensesand other rights granted to you by this Agreement, if any, will immediatelycease, but your licenses to us shall survive, and certain of your obligations(including payment obligations, if any) will survive in accordance with theterms hereof.x. modification of termsCompany may change the terms of this Agreementfrom time to time.  You will be notified of any such changes via e-mail(if you have provided a valid email address) and/or by our posting notice ofthe changes on the Services (which may consist of publishing the changes on ourwebsite).  Any such changes will become effective when notice is receivedor when posted on the Services, whichever first occurs.  If you object toany such changes, your sole recourse will be to terminate this Agreement.  Continueduse of the Services following such notice of any such changes will indicateyour acknowledgement of such changes and agreement to be bound by such changes.xi.modification to servicesWe reserve the right to modify or discontinuethe Services at any time with or without notice to you, including withoutlimitation by adding or subtracting features and functionality, third partycontent, etc.  In the event of such modification or discontinuation of theServices, your sole remedy shall be to terminate this Agreement as set forthherein.  Continued use of the Services following notice of any suchchanges will indicate your acknowledgement and acceptance of such changes andsatisfaction with the Services as so modified.xii. ownershipWe and/or our vendors and suppliers, asapplicable, retain all right, title and interest in and to the Services, thewebsite and all information, content, Software, and other software andmaterials provided by or on behalf of us, including but not limited to alltext, images, videos, logos, button icons, audio clips, and the look and feelof the website and our brands and logos, and any data compilations, includingwithout limitation any data input by or on behalf of us or our third partyproviders, and any data to the extent processed by, or resulting as an outputof, the Services, and all Services usage data, statistical data or aggregateddata collected or reported with respect to the any part or all of the Services,including without limitation any aggregated and anonymized data extracted orderived from the Service, including all aggregated and anonymized usage data,statistical data, transactional data, metadata, market data and otheraggregated and anonymized data collected from user data and files. We own therights to any metadata we collect from or about your use of the Services.Without limiting the generality of the foregoing, we reserve the right tocreate and market public indexes, analysis or insights created from such data.You agree that you will not copy, reproduce, distribute or create derivativeworks from any information, content, software or materials provided by us, orremove any copyright or other proprietary rights notices contained in any suchinformation, content, software or materials without the copyright owner's priorwritten consent.Unless otherwise stated, all content in ourwebsites or other Services, is our property or the property of third parties.These contents are protected by copyright as a collective work and/orcompilation, pursuant to U.S. copyright laws, international conventions andother copyright laws.Your feedback is welcome and encouraged. Youagree, however, that (i) by submitting unsolicited ideas to us, youautomatically forfeit your right to any intellectual property rights in suchideas; and (ii) unsolicited ideas submitted to us or any of our employees orrepresentatives automatically become our property.xiii. international usersThe Services are controlled, operated andadministered by us from within the United States. We make no representationthat this site is available for access or use at other locations outside theU.S. However, any access or use from outside the U.S. is still subject to thisAgreement. Access to the Services is expressly prohibited from territories wherethis site or any portion thereof is illegal. You agree not to access or use anyinformation or materials on the Services in violation of U.S. export laws andregulations, or in violation of any laws or regulations in the country fromwhich you are accessing the Services.  Any personal information which wemay collect via the Services may be stored and processed in our servers locatedin the United States or in any other country in which we, or our affiliates,subsidiaries, or agents maintain facilities. You consent to any such transferof personal information outside your country of residence to any such location.xiv. third party content and servicesCertain content (including without limitationadvertisements) on the Services may be supplied by third parties. Company doesnot have editorial control over such content. Any opinions, advice, statements,services, offers, or other information that constitutes part of the contentexpressed or made available by third parties, including without limitation, suppliersand vendors, advertisers, or any customer or user of the Services, are those ofthe respective authors or distributors and not of Company or its affiliates orany of its officers, directors, employees, or agents. In many instances, thecontent available on the Services represents the opinions and judgments of therespective third parties, whether or not under contract with Company. You mayenter into correspondence with or participate in promotions of such thirdparties, such as advertisers promoting their products, services or content onthis site. Any such correspondence or participation, including the delivery ofand the payment for products, services or content, are solely between you andeach such third party. Company neither endorses nor is responsible for theaccuracy or reliability of any opinion, advice, submission, posting, orstatement made on the Services. Under no circumstances shall Company, or itsaffiliates, or any of their respective officers, directors, employees, oragents, be liable for any loss or damage caused by your reliance on any contentor other information obtained through the Services.The Services may integrate and/or interact withthird party services, such as via APIs or browser extensions or social mediaaccounts. For example, the Services may leverage APIs from third parties,and/or rely on third party browser extensions, and Company has no affiliation,association, endorsement, or sponsorship by any other third party services withwhich it integrates or interacts from time to time (collectively, “Third PartyServices”). Company makes no claim, representation or warranty of any kind,type or nature concerning any Third Party Services, nor Company’s or any User’scompliance with any third party terms of service for any such Third PartyServices (collectively, “Third Party Terms”). It shall be each User’s soleresponsibility to analyze and interpret any applicable Third Party Terms andcomply therewith. Each User is solely responsible for their interpretation ofThird Party Terms and their actions relevant to compliance thereof. By usingthe Services, you hereby release Company and waive any and all claims or claimrights that you may have against Company, and release and indemnify Companyagainst any claims that any third party may have against you, including withrespect to your use of any Third Party Services, including if accessed or usedvia our Services, and with respect to Third Party Terms, applicable privacypolicies or any other rules or regulations of such third parties.Without limiting the generality of theforegoing, we may elect, in our discretion, to utilize social logins, allowingyou to login to the Services via other third party authentication services,such as (without limitation) your Facebook, Twitter, LinkedIn, Google, or otheraccount credentials. You understand that these are Third Party Services, andthis in no way creates and endorsement of, by or from us to them or vice versa,that we are not responsible for their logins, systems or data, and that byusing such third party logins, you may be subject to their respective privacypolicies and other terms of use.You understand that when using the Services, youwill be exposed to content from a variety of sources, and that we are notresponsible for the accuracy, usefulness, safety, or intellectual propertyrights of or relating to such content. You further understand and acknowledgethat you may be exposed to content that is inaccurate, offensive, indecent, orobjectionable, and you agree to waive, and hereby do waive, any legal orequitable rights or remedies you have or may have against us with respectthereto, and, to the extent permitted by applicable law, agree to indemnify andhold harmless Company, its owners, operators, affiliates, licensors, and licenseesto the fullest extent allowed by law regarding all matters related to your useof the Services. If you are a Third Party Product Provider, or the provider ofThird Party Services, you give us license to use your products, services,content, information, metadata, and any names, marks or logos therein, tofacilitate the Services.As a convenience to you, Company may provide, inor through the Services, one or more links to third party web sites or servicesand/or provide email contacts respecting third parties. Company makes noendorsement of such third parties, nor any representation or warranty regardinganything that takes place between you and any such third parties, including,without limitation, visits to third party web sites, services, emailcorrespondence with third parties, and business or other transactions withthird parties found through the Services. Please understand that such thirdparties are independent from and not controlled by Company, even if, forexample, a Company link or logo appears on a website linked from this websiteor our other Services. It is up to you to read those third party sites’applicable terms of use, privacy, and other applicable policies. For example,without limitation, we may outsource operation of certain aspects of ourServices to one or more third parties, and they may have access to certain databy virtue of operating such Services, subject to their own policies.Certain third parties may be third partybeneficiaries to this contract. For example, without  limitation, AppleInc., Google, Inc., or Microsoft Corporation will be a third-party beneficiaryto this contract if you access the Services using applications developed forApple iOS, Android, or Microsoft Windows-powered mobile devices, respectively.These third party beneficiaries are not parties to this contract and are notresponsible for the provision or support of the Services in any manner.However, your access to the Services using these devices is subject to termsset forth in the applicable third party beneficiary's terms of service.Goji uses third party services which act onbehalf of Goji to facilitate transactions related to/between your account with Goji,the third party merchant, and your stored payment methods. Payment processingservices to collect from you as a user are provided by Stripexv. digital millennium copyright actaA. If you are a copyright owner or an agentthereof and believe that any content in our Services infringes upon yourcopyrights, you may submit a notification pursuant to the Digital Millennium CopyrightAct ("DMCA") by providing our Copyright Agent with the followinginformation in writing (see 17 U.S.C 512(c)(3) for further detail):- A physical or electronic signature of a personauthorized to act on behalf of the owner of an exclusive right that isallegedly infringed;- Identification of the copyrighted work claimedto have been infringed, or, if multiple copyrighted works at a single onlinesite are covered by a single notification, a representative list of such worksat that site;- Identification of the material that is claimedto be infringing or to be the subject of infringing activity and that is to beremoved or access to which is to be disabled and information reasonablysufficient to permit the service provider to locate the material;- Information reasonably sufficient to permitthe service provider to contact you, such as an address, telephone number, and,if available, an electronic mail;- A statement that you have a good faith beliefthat use of the material in the manner complained of is not authorized by thecopyright owner, its agent, or the law; and- A statement that the information in thenotification is accurate, and under penalty of perjury, that you are authorizedto act on behalf of the owner of an exclusive right that is allegedlyinfringed.Company's designated method to receivenotifications of claimed infringement is by emailing the Copyright Agentat hello@getgoji.com. Youacknowledge that if you fail to comply with all of the requirements of thisSection your DMCA notice may not be valid.B.     If you believe that yourcontent that was removed (or to which access was disabled) is not infringing,or that you have the authorization from the copyright owner, the copyrightowner's agent, or pursuant to the law, to post and use the material in yourcontent, you may send a counter-notice containing the following information tothe Copyright Agent:- Your physical or electronic signature;- Identification of the content that has beenremoved or to which access has been disabled and the location at which thecontent appeared before it was removed or disabled;- A statement that you have a good faith beliefthat the content was removed or disabled as a result of mistake or amisidentification of the content; and- Your name, address, telephone number, ande-mail address, a statement that you consent to the jurisdiction of the federalcourt in New York, and a statement that you will accept service of process fromthe person who provided notification of the alleged infringement.If a counter-notice is received by the CopyrightAgent, Company may send a copy of the counter-notice to the originalcomplaining party informing that person that it may replace the removed contentor cease disabling it in 10 business days. Unless the copyright owner files anaction seeking a court order against the content provider, member or user, theremoved content may be replaced, or access to it restored, in 10 or morebusiness days after receipt of the counter-notice, at Company's solediscretion.xvi. class action waiver and arbitration

This section contains a bindingarbitration clause and class action waiver. It affects your rights about how toresolve any dispute with us.Except if you opt-out as expressly permittedbelow, or except to the extent contrary to applicable law ("ExcludedDisputes"), you hereby agree that all disputes between you and us (whetheror not such dispute involves a third party) with regard to your relationshipwith us, including without limitation disputes related to these Terms of Use,your use of the Service, and/or rights of privacy and/or publicity, may, in ourdiscretion, be resolved by binding, individual arbitration under the AmericanArbitration Association's rules for arbitration of consumer-related disputesand you hereby expressly waive trial by jury. As an alternative, you may bringyour claim in your local "small claims" court, if permitted by thatsmall claims court's rules. You may bring claims only on your own behalf. Youagree that you shall not participate in any class action or class-widearbitration for any claims covered by this Agreement. You also agree not toparticipate in claims brought in a private attorney general or representativecapacity, or consolidated claims involving another person's account, if we area party to the proceeding. This dispute resolution provision will be governedby the US Federal Arbitration Act, to the extent permissible. In the event theAmerican Arbitration Association is unwilling or unable to set a hearing datewithin one hundred and sixty (160) days of filing the case, then either we oryou can elect to have the arbitration administered instead by the Judicial Arbitrationand Mediation Services. Judgment on the award rendered by the arbitrator may beentered in any court having competent jurisdiction. Any provision of applicablelaw notwithstanding, the arbitrator will not have authority to award damages,remedies or awards that conflict with these Terms of Use.  You may opt outof this agreement to arbitrate. If you do so, neither you nor we can requirethe other to participate in an arbitration proceeding. To opt out, you mustnotify us in writing within 30 days of the date that you first became subjectto this arbitration provision. You may so opt out at hello@getgoji.com.You must include your name and residenceaddress, the email address you use for your account with us, and a clearstatement that you want to opt out of this arbitration agreement.  If andto the extent the prohibition against class actions and other claims brought onbehalf of third parties contained above is found to be unenforceable, then suchpreceding language in this Arbitration section will be null and void. Thisarbitration agreement will survive the termination of your relationship withus.xvii. miscellaneousYou shall comply with all laws, rules andregulations now or hereafter promulgated by any government authority or agencythat are applicable to your use of the Services, or the transactionscontemplated in this Agreement. You may not assign your rights or obligationshereunder, and any attempt by you to sublicense, assign or transfer any of therights, duties or obligations hereunder or to exceed the scope of thisAgreement is void.  In the event that Company is sold to a third party,such a sale will not be deemed a transfer of personal information so long asthat third party agrees to assume Company's obligations as to these Terms ofServices and any associated Privacy Policy.  This Agreement, the Services,and the rights and obligations of the parties with respect to the Services willbe subject to and construed in accordance with the laws of the State of NewYork, excluding conflict of law principles. By accessing or using any Servicesyou agree that the statutes and laws of the State of New York, without regardto conflicts of law principles thereof, will apply to all matters arising fromor relating to the use thereof. You also agree and hereby submit to theexclusive legal jurisdiction and venues of the Courts of New York, New Yorkwith respect to such matters. This is the entire agreement between you andCompany with regard to the matters described herein and govern your use of theServices, superseding any prior agreements between you and Company with respectthereto. The failure of Company to exercise or enforce any right or provisionof this Agreement shall not constitute a waiver of such right or provision. Ifany provision of this Agreement is found by a court of competent jurisdictionto be invalid, the parties nevertheless agree that the court should endeavor togive effect to the parties' intentions as reflected in the provision, and theother provisions hereof shall remain in full force and effect.  You agreethat regardless of any statute or law to the contrary, any claim or cause ofaction arising out of this Agreement or related to use of the Services must befiled within three (3) months after such claim or cause of action arose or beforever barred.last updated:  June 1, 2022