Legal

Terms of Use

Last updated: May 09, 2023

Please read these Terms of Use (“Terms,” “Terms of Use”) carefully before using the www.ojjo.com website (the “Service”) operated by Ojjo, Inc. (“us,” “we,” or “our”).

YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS SHALL APPLY TO ALL VISITORS, USERS, AND OTHERS WHO ACCESS OR USE THE SERVICE.

BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS THEN YOU MAY NOT ACCESS THE SERVICE.

1. ACCEPTABLE USE

You may access the Service and any content or information contained therein for your information and use solely as permitted under these Terms. You may not use, download, or copy any content from the Service unless: (1) you use the content solely for personal, informational, and noncommercial purposes; (2) the Ojjo word mark and copyright symbol and statement (© Ojjo, Inc. 2019) appears on each downloaded or copied page; and (3) no modifications are made to any content. Ojjo reserves the right to revoke the authorization to view, download, and print the content from the Service at any time, and any such use shall be discontinued immediately and without notice. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any content from the Service in whole or in part without the prior written permission of Ojjo. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to Ojjo’s computer servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree to comply with all applicable laws in your use of the Service. Ojjo, its licensors and suppliers reserve all rights not expressly granted herein.

2. PROPRIETARY RIGHTS

Through the Service, we provide information about Ojjo, its products and related services. We are the owner or authorized licensee of all materials, functions and other content accessible through the Service, and you hereby acknowledge that you are only receiving a limited right to access or use this content. Except as expressly authorized in these Terms, no content from the Service may be used, reproduced, transmitted, distributed or otherwise exploited in any way.

“Ojjo,” “Ojjo Compatible,” and “Earth Truss” are the subject of pending United States and/or International trademark applications and they, and all of Ojjo’s graphics, slogans, logos, designs, page headers, button icons, scripts, product names, and service names shown in the Service are copyrights, trademarks, trade names and/or trade dress of Ojjo in the United States and in other countries. These copyrights, trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion as to the source of goods or services, unless expressly authorized in writing by Ojjo.

3. COPYRIGHT POLICY

If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content accessible via the service infringers upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act. Please be advised that you, pursuant to Federal law, you may be held liable for damages if you make material misrepresentations in such a notification.

All notifications should include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Ojjo to locate the material;
Information reasonably sufficient to permit Ojjo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to the following:

Chief Operating Officer
Ojjo, Inc.
160 Mitchell Blvd
San Rafael, CA 94903

4. DISCLAIMERS

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

5. LIMITED LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREI

6. INDEMNIFICATION

You agreed to indemnify and hold harmless Ojjo and its officers, directors, employees, and agents from an against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of these Terms or your violation of any law or the rights of a third party.

7. TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice of liability, for any reasons whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. GOVERNING LAW

Any claim or dispute arising out of relating to your use or attempted use of the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using the Ojjo website, you submit to the exclusive personal jurisdiction of the appropriate state or federal courts in San Francisco, California, in any proceeding relating to any such claim or dispute.

9. MISCELLANEOUS

These Terms and Privacy Policy (hyperlink this to the page) constitute the entire agreement between you and Ojjo. You may not assign these Terms in whole or in part without Ojjo’s prior written consent. We may assign or otherwise transfer these Terms and all rights hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

10. MODIFICATIONS

We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use the Service after those changes become effective, you consent and agree to be bound by the revised Terms.

11. CONTACT US

If you have any questions or comments regarding these Terms, you may contact us at: contact@ojjo.com.

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