TERMS OF SERVICE
Last Updated: April 12, 2024
Blue Goji LLC ("Blue Goji," "we", "us," "our,") provides products, content and services through: (i) Blue Goji websites, including but not limited to, bluegoji.com, gojiplay.com, gojiverse.com, expresso.com, cybercycle.bike and other websites, urls and social media (collectively the "Sites"), (ii) Blue Goji fitness equipment (such as the Expresso Go and the CyberCycle series bikes) and our Goji Play game controllers and other products offered by Blue Goji (collectively the “Equipment”), (iii) mobile, desktop or device programs, games and applications (including our GojiPlay and GojiCare applications and services) whether delivered through a mobile device, standalone computer, computer connected to our Equipment, or other device (collectively, the "Apps”). For purposes of these Terms of Services (“Terms”), we will refer to the Sites and the Apps as our “Services”. These Terms govern your access to and use of our Services (including any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services, which we will collectively refer to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CONTENT, OR BY DOWNLOADING ANY CONTENT FROM OR ON THE SERVICES OR CONTENT, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the website. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Privacy
See our Privacy Policy at http://bluegoji.com/privacy, which are incorporated by reference into these Terms, for information and notices concerning our collection and use of your personal information.
Account Management
If you use the Services, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Blue Goji and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Parents and guardians of children in the under 16 should carefully review this Privacy Policy and the following Parental Notice/Consent form regarding the use of our Services by their children (Parental Notice/Consent Form consent link), and must provide their consent to the collection of personal information from, as well as the use of the Services by, their children.
In order to access many features of the Services you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Blue Goji immediately of any breach of security or unauthorized use of your account. Although Blue Goji will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Blue Goji or others due to such unauthorized use.
We may need to contact you about your access to or use of the Services. These communications are a required part of the Services and you may not opt-out from receiving them. For other types of communications, you can manage and opt-out from receiving them by contacting us at support@bluegoji.com.
Ownership
The Services (including the Sites and Content) are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services, including all associated intellectual property rights, are the exclusive property of Blue Goji and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Licenses Granted by Blue Goji to Blue Goji Service
Subject to your compliance with the terms and conditions of these Terms, Blue Goji grants you a limited, non-exclusive, non-transferable revocable license to access and use the Service solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services (including any Content), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Blue Goji or its licensors, except for the licenses and rights expressly granted in these Terms.
Posting Your own Content on the Services and Your Activities within the Services
Depending upon your subscription level, you may be permitted to post Blue Goji related and other exercise logs and activities, comments, photos and other content (“Your Content”) to the Services. You grant to Blue Goji a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute any of Your Content that you post on or through the Services.
You are responsible for your activities within the Services and Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content, the use and provision of Your Content on the Services and your activities within the Services will not: (a) infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to any liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar, offensive or otherwise inappropriate; (e) promote discrimination, racism, hatred, harassment or harm against any individual or group; (f) be threatening, violent or promote actions that are threatening to any individual or group; (g) promote illegal, wrongful or harmful activities; (h) advertise or otherwise promote non-Blue Goji products or services commercially or (h) violate any of the Terms.
General Prohibitions
You agree not to do any of the following:
Use the Services (including any Content) for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Attempt to harm, disrupt, or otherwise engage in activity that diminishes or degrades, the Services, including any Sites, or other computer systems and network;
Attempt to interfere with any other person's use of the Services;
Misrepresent your identity or impersonate any person, or misrepresent or impersonate your affiliation with any person or entity;
Attempt to gain access to any account, computers or networks related to the Services without authorization;
Attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you;
Use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site;
Use the Services to harvest or otherwise collect information about others (including other users of the Services);
Attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Blue Goji in connection with the Sites or Services;
Use, display, mirror or frame the Services (including the Sites), or any individual element within the Services, Blue Goji’s name, any Blue Goji trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Blue Goji’s express written consent;
Access, tamper with, or use non-public areas of the Services (including the Sites), Blue Goji’s computer systems, or the technical delivery systems of Blue Goji’s providers;
Attempt to probe, scan, or test the vulnerability of any Blue Goji system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Blue Goji or any of Blue Goji’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Blue Goji or other generally available third party web browsers;
Use any meta tags or other hidden text or metadata utilizing a Blue Goji trademark, logo URL or product name without Blue Goji’s express written consent;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Blue Goji will have the right to investigate and prosecute violations of any of the Terms to the fullest extent of the law. Blue Goji may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Blue Goji has no obligation to monitor your access to or use of the Services or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Blue Goji reserves the right, at any time and without prior notice, to remove or disable access to any Content that Blue Goji, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
Fitness Equipment
Blue Goji fitness equipment (such as the Expresso Go and the CyberCycle series bikes) are sold separately by us or our authorized dealers, and the purchase of those products from us are subject to our standard Terms and Conditions for Sale and Limited Warranty. Those terms and more information about the products are available by contacting us at sales@bluegoji.com.
Health and Safety
Please consult your physician before beginning any exercise program, including using any of our products or services. Blue Goji is no responsible for any health problems, personal injury or property damage sustained by or through the use of any of our products or Services. The Service may offer fitness and health information and is designed for educational and entertainment purposes only, and not intended as medical or healthcare advice. Please consult your physician before beginning this or any exercise program. You should not rely on any research, educational or other information provided or published by Blue Goji as a replacement for your medical advisor’s determination of medical appropriateness for your use. Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medical or counseling care. GojiCare is continually under research and development. See our Health and Safety Information at http://www.bluegoji.com/health-and-safety, which are incorporated by reference into these Terms.
Contests And Giveaways
Blue Goji and our partners may from time-to-time sponsor contests, giveaways and other promotions. Additional terms and conditions may apply to these contests, giveaways and other promotions, and you will be responsible for reviewing those additional terms and conditions before you participate in those activities.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services or Content (“Feedback”). You may submit Feedback by emailing us at contact@bluegoji.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose (including marketing) without notice, compensation or other obligation to you.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Blue Goji is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Blue Goji of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
Termination
Blue Goji reserves the right to revoke your access to and use of the Services any time, with or without cause.
Disclaimers
IF YOU USE ANY BLUE GOJI SERVICE, YOU DO SO AT YOUR OWN RISK. BLUE GOJI SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BLUE GOJI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BLUE GOJI MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BLUE GOJI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES OR ANY OF THE BLUE GOJI PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLUE GOJI OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER BLUE GOJI NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUE GOJI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BLUE GOJI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIVE DOLLARS ($5). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUE GOJI AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Third-Party Services That You Link With Your Account
Our Services may allow you to link third party websites and services (“Third Party Services”) to your Blue Goji account or the Services. We are not responsible for the products, services or other materials from Third Party Services. You acknowledge you are solely responsible for and assume all risk arising from your use of any Third Party Services, and that Blue Goji has no responsibility or liability for such Third Party Services, including without limits, any information that you link or otherwise provide to Third Party Services.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Blue Goji used herein are trademarks or registered trademarks of Blue Goji. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Indemnification
You agree to indemnify, defend and hold harmless, Blue Goji, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you. Blue Goji reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Blue Goji in asserting any available defenses.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the Services or these Terms will be the state and federal courts located in Travis County, Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention on Contracts for International Sale of Goods shall not apply.
Dispute Resolution And Arbitration/ Jury Trial Waiver/Class Action Waiver
Arbitration. Blue Goji and you agree to arbitrate all disputes and claims that arise from or relate to these Terms, the Site, or the Services in any way, except for claims arising from bodily injury. THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms or the Services, regardless of the legal theory;
claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;
claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Services or the process for seeking approval to use the Services);
claims that may arise after the termination of your use of the Site or the Services or any agreement between us; and
claims brought by or against our respective subsidiaries, parent companies, members, affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Blue Goji.
This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Blue Goji may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, LAW, YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (C) WAIVING THE RIGHT TO CLAIM OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Blue Goji should be sent to: Blue Goji Legal Department, 6301 E Stassney Ln, Bldg 6, Suite 400, Austin, Texas, 78744. Blue Goji will send notice to you at the email and/or mailing addresses associated with your account. Your notice to Blue Goji must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules (“JAMS Rules”) of JAMS (“JAMS”), as modified by these Terms, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.com. If JAMS is unavailable, the parties shall agree to another arbitration provider. Unless you and we agree otherwise or unless prohibited by applicable law, any arbitration hearings will take place in San Francisco County, California. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Blue Goji and Blue Goji users. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
Costs of arbitration. The JAMS’s fee schedule is subject to change and may be found online at www.jamsadr.com. If required by applicable law, Blue Goji will pay all JAMS filing, administrative, and arbitrator fees for any arbitration that Blue Goji commences. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all JAMS fees shall be governed by the JAMS Rules. In such cases, the arbitrator may direct you to reimburse Blue Goji for amounts that Blue Goji paid on your behalf.
No class action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ANSWERLAB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Future changes to arbitration provision. If Blue Goji makes any changes to the Dispute Resolution and Arbitration section of these Terms (other than a change to the address at which Blue Goji will receive notices of dispute or rejections of future changes to the Dispute Resolution and Arbitration section), you may reject any such change by sending us written notice within 30 days of the change to us to Blue Goji LLC, 6301 E Stassney Ln, Bldg 6, Suite 400, Austin, Texas, 78744 (Attn: Legal Department) in which case your account with Blue Goji will immediately be terminated, you should cease all access to and use of all Services, and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Blue Goji and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Blue Goji and you regarding the Services.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Blue Goji’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Blue Goji may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Blue Goji by posting to the Services. General The failure of Blue Goji to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Blue Goji. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under thee Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Blue Goji
If you have any questions about these Terms, please contact Blue Goji at contact@bluegoji.com