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Terms & Privacy


 

PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING OR USING THIS WEBSITE; YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW.

General

The following Terms and Conditions of Use apply to any visitor or user (hereinafter referred to as “You”) of the website located at http://www.gojisolutions.com/ (“Website”). By ccessing and using this Website, you hereby agree to be bound by these terms and conditions of use (“Terms”).

Goji operates this Website as a service to its visitors subject to the Terms and all modifications thereto. Goji reserves the right to modify these Terms at any time, and without notice. By entering and/or using this Website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.

Goji may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time and without notice. Goji may also impose limits on certain features or services or restrict your access and use of the Website
without notice or liability.

The businesses described in the Website is owned or operated by Goji Limited or by various affiliates and subsidiaries of Goji Limited. The terms "Goji" "company,", “Subsidiary”, "we," "our," and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal
relationships.

The Services and Restrictions On Use

This Website is intended to provide information about Goji to potential customers, business partners, investors, and employees. Such information about Goji may include, without limitation, a description of its products and services, financial performance and potential
employment opportunities.

The content on this Website is intended for informational purposes only. These web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. You may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Website.
 
Copyrights, Trademarks

Any trademarks, trade names, service marks, logos, domain names, and URLs (collectively, the “Marks”) displayed on the Website are the property of Goji or third parties, and no right to use such Marks is granted to you herein.

You may not download or save a copy of  the Website or any portion thereof, for any purpose, except as specifically permitted in these Terms. Subject to copyright notice and the trademark use/link limitations contained in-here, you may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial, non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.

License disclaimer

Nothing on the Website shall be construed as conferring any license under any of Goji's and/or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.

Disclaimer of Warranties

All Goji and third-party information provided on the Website is provided on an "as is" basis, without warranty of any kind, either express or implied.

Goji specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice.

The above disclaimer of liability applies to any damages or injuries occurring, among others, as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action.

Goji does not warrant or guarantee: (i) that any portion of the Website will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website will be uninterrupted or error-free.

Limitation of Liability


UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL GOJI, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE, THE MATERIAL, ANY GOJI PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE SITE AND/OR THE MATERIAL PRESENTED, EVEN IF GOJI HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Without derogating form the above, in no event shall Goji’s total liability to you, for any claim or action arising from use of the Website (whether in contract, tort,or otherwise) exceed the amount paid by you, if any, for accessing this Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Goij’s liability shall be limited to the fullest extent permitted by law.

Feedback Information and Submitted Materials

Any information provided to Goji in connection with the Website shall be provided by the submitter and received by Goji on a non-confidential basis. Such information shall be considered non-confidential and property of Goji. Goji shall be free to use such information on an unrestricted basis. By submitting or sending information or other material to Goji you represent and warrant that the information is original to you and that no other party has any rights to the material. 
 
By submitting or sending information or other material to Goji you grant Goji the royalty-free, unrestricted, worldwide,perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree to defend, indemnify and hold Goji and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.

Links to Third-Party Sites

The Website may include content owned or licensed by third parties, as well as links to Websites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third Party Material is at your sole risk and Goji shall not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third Party Material. It is your sole responsibility to read and adhere to the privacy policies of the linked sites. Goji shall not be responsible for the use of any information that you may submit to such sites. Goji's inclusion of Third Party Material on the Site shall not be construed as Goji`s endorsement of any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material. You agree to defend and hold Goji harmless from any and all liability that may result from your use of the Third Party Material.

Privacy Policy
 
Goji is committed to honoring the privacy and security of visitors to the Website and will not provide your personal information to any third parties without your consent or as required by a competent authority. Goji takes all reasonable precautions to prevent the loss, misuse or alteration of your personal information. However, data transmission over the internet is inherently insecure, and Goji cannot guarantee the security of your personal data. The Website may contain external links to other websites and Goji is not responsible for the privacy policies of third party websites.

When you submit a request or electronically pass information to Goji (including, but not limited to, comments, feedback, employment applications and resumes), you are sometimes asked to provide certain information, including, but not limited to, your name, title, company, address, phone and fax numbers, e-mail address etc. We ask for this personally identifiable information in order to facilitate your requests, provide personalized service and communicate separately with you. Except as otherwise set forth herein, we do not sell, trade, or rent your personally identifiable information with any third parties outside of Goji.

As you browse the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes called “clickstream” data, can be collected and stored by a website’s server. Clickstream data can tell the type of computer and browsing software you use, the address of the website from which you linked to the Website, and in some instances, your e-mail address. We may use clickstream data to determine how much time visitors spend on each page of the Website and how they navigate through the Website. We will only use this information to improve the Web Site. Any collection or use of clickstream data will be anonymous and aggregate, and will not contain any personally identifiable information.

Because we rely on third party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system. If you know of any such unintended collections, please notify us promptly so we can take the necessary action to remove such information from our system.

Forward Looking Statements

Various pages on the Website contain certain forward-looking statements. Words such as "expects," "intends," "plans," "projects," "believes," "estimates," and similar expressions are used to identify such forward-looking statements. Forward-looking statements relating to Goji's operations are based on management's expectations, estimates and projections about Goji in effect on the date the statements were made. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Further, certain forward-looking statements are based upon assumptions as to future events that may not prove to be accurate. Therefore, actual outcomes and results may differ materially from what is expressed or forecast in such forward-looking statements. 

Law and Jurisdiction

By accessing or visiting the Website, you expressly agree that the laws of New York, excluding its conflicts-of-law rules, shall govern these Terms. Your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim, dispute, or cause of action with Goji, or relating in any way to the Website or your use of the Website, reside in the courts located in New York, New York.

By accessing or visiting the Website, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or New York laws. You are responsible for compliance with local laws, if and to the extent local laws are applicable.

Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Website.