Terms of Service

Last updated: August 26, 2024

Terms and Conditions

Welcome to the shopping website of Ning Foods LLC, doing business as (DBA) Gobi Goji (“Gobi Goji,” “We,” “Us” or “Our”) located at www.gobigoji.com (the “Website”). The following terms and conditions of use, in conjunction with the Gobi Goji Privacy Policy, which is available at www.gobigoji.com/pages/privacy-policy, govern all use of the Website. The Website and the services and features offered through the Website (the “Services”) are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, including, without limitation, the Gobi Goji Privacy Policy and procedures that may be published from time to time on this Website by Gobi Goji (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, each user (“You,” “Your” or “User”) agrees to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, you should not access the Website or use any Services made available via the Website.

Registration and Your Account

We may require a Website user to register to use certain features of the Website. When You register to use such features of the Website, You must provide complete and accurate information. You agree to maintain your information and update it as appropriate. When you first log in to Gobi Goji’s website, you may be prompted to create a password. You are responsible for maintaining the security of your account and your passwords, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Gobi Goji of any unauthorized uses of your account or any other breaches of security. Gobi Goji will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Your registration and password information are subject to the Gobi Goji Privacy Policy, which is available at www.gobigoji.com/pages/privacy-policy.

We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be incomplete, inaccurate, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Site.

Subject to Your compliance with these Terms and Conditions of Use, Gobi Goji grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website Services. This license does not include the right to any resale or commercial use of any Service or the Website contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Website Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these Terms and Conditions of Use or any Service Terms are reserved and retained by Gobi Goji or its licensors, suppliers, rights holders, or other content providers. None of the Services, nor any part of any of the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gobi Goji.

When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, phone, or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send an email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.

The contents, including information, text, images, and graphics, and all other material contained on the Website or features and functions made available on the Website (collectively, the “Content”) are for Your personal informational purposes only. The Content is owned by Gobi Goji or other third parties who have licensed their rights in Content to Gobi Goji. You may view or download a single copy of the Content solely for Your personal, non-commercial use. You must not delete or alter any copyright or other notice We place on any Content. Content is owned by Us or Our licensors or other users and is protected by copyright, trademark, and other laws and regulations of the United States and foreign laws.

You shall not, nor will You allow any third party (whether or not for Your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Gobi Goji. You may not use Content in any way not expressly permitted by these Terms of Use, and if You do, Your right to use the Content will automatically terminate. The Content, and the Site generally, are subject to change or termination without advance notice. Notice of any material changes to the Terms and Conditions of Use will be posted at the top of the Terms and Conditions of Use.

The trademarks, names, slogans, logos, characters, and service marks (collectively “Trademarks”) displayed on the Site belong to Gobi Goji or have been licensed to Gobi Goji. Nothing contained on the Website should be construed as granting You any license or right to use any Trademark displayed on the Website. Your use/misuse of the Trademarks displayed on the Website, except as provided in these Terms of Use, is strictly prohibited.

The Website is not directed to users residing in the European Union (EU) or European Economic Area (EEA), or children under the age of 13. As a result, the Website does not request or knowingly collect personal data from individuals residing in the EU/EEA or under the age of 13. If You reside in the EU/EEA or are not 13 or older, You should not visit or use the Website. If We learn that personally identifiable information of persons residing in the EU/EEA or under 13 years of age has been collected on the Website inadvertently or without verified parental consent, We will take appropriate steps to delete the information. Gobi Goji reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Visitors may post reviews, comments, and other content to the Website or send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” We reserve the right (but not the obligation) to remove or edit such content, but We do not regularly review posted content.

If You post content or submit material, and unless We indicate otherwise, You grant Gobi Goji a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gobi Goji and its sub-licensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Gobi Goji for all claims resulting from content You supply. Gobi Goji has the right but not the obligation to monitor and edit or remove any activity or content. Gobi Goji takes no responsibility and assumes no liability for any content posted by You or any third party.

The Website may contain links to the websites of other parties. Gobi Goji is not responsible for such websites’ Terms of Use or Privacy Policies or how they may treat Your information. Your use of third-party websites is at Your own risk and subject to the terms of use and privacy policies of such sites.

Gobi Goji does not take title to returned items until the item arrives at the Gobi Goji returns center. At Our discretion, a refund may be issued without requiring a return. In this situation, Gobi Goji does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping & Returns Policy (https://gobigoji.com/shipping-returns-policy/).

The use of the Website and the Services is at Your own risk and is provided “as is.” Transmissions over the Internet and communications networks are not in Our control and can never be completely secure. Accordingly, We cannot and shall not be liable for any delay, failure, interruption, compromise, or corruption of any data or other information transmitted in connection with use of the Website, including information You provide to Us or the Website.

To the fullest extent permitted by law, in no event shall Gobi Goji, its directors, officers, employees, agents, or affiliates be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website, the Services, or the Content whether based on warranty, contract, tort, or any other legal theory, and whether or not Gobi Goji is advised of the possibility of such damages.

You agree to indemnify and hold Gobi Goji and its directors, officers, employees, agents, subsidiaries, affiliates, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Use or Your violation of any law or the rights of a third party.

This Agreement, Your rights, and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within California. Any dispute relating in any way to Your visit to the Website shall be submitted to confidential arbitration in California, except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court in the state of California, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

We reserve the right to modify the Terms of Use at any time without prior notice. If We make material changes to these Terms of Use, We will notify You by posting or otherwise transmitting a notice on the Website or via email, which notice will indicate when such changes will become effective. By continuing to access or use the Website after the effective date of such changes, You agree to be bound by the revised Terms of Use. If You do not agree to the revised Terms of Use, do not access or use the Website. Your continued access or use of the Website after the posting of changes to the Terms of Use will constitute binding acceptance of and agreement to the changes.

Gobi Goji reserves the right to terminate Your access to and use of the Website and Services at any time, without notice and for any reason, including, without limitation, Your breach of these Terms and Conditions of Use. Upon any such termination, You must immediately cease accessing or using the Website and Services and agree not to access or make use of, or attempt to use, the Website or the Services. Furthermore, You acknowledge that Gobi Goji reserves the right to take action — technical, legal, or otherwise — to block, nullify, or deny Your ability to access the Website or the Services. You understand that Gobi Goji may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Gobi Goji.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the entire agreement between You and Gobi Goji with respect to the subject matter hereof and supersede all prior agreements or understandings between You and Gobi Goji with respect thereto.

If You have any questions about this Agreement or the Website, please contact us at support@gobigoji.com or by mail at Ning Foods LLC DBA Gobi Goji, P.O. Box 117493, Burlingame, CA 94011.