Terms of service

 

DOJOCARE.CO TERMS OF USE

Please read these Terms of Use carefully.

Dojo owns and operates, without limitation, the website www.dojocare.co (the “Site”).  Dojocare.co is an online or mobile accessed system for the purchase and delivery of beauty and cosmetic products (“Goods”) to customers. These Terms of Use refer to Company throughout as “Company,” “www.dojocare.co,” “we,” “us,” or “our”.  The website provides access to and use of the Site and services, features, content, applications, or products offered by Company or its affiliates (the “Services”) to users, subject to the following terms and conditions.  All visitors to the Site or users of the Services are referred to herein as “Customer” or “you.”

Visiting the Site or otherwise using any of the Services or content obtained directly or indirectly from Company constitutes acceptance of and agreement to these terms and conditions. If you do not so consent, you may not visit the site or use any of its contents.

PRIVACY POLICY

Please review the www.dojocare.co Privacy Policy that also governs your use of the Services and use of the content found on the Services, including without limitation, the text, software, graphics, images, sounds, music, videos, e-mails, text messages, social network, and all accompanying information and documentation (“the Content”). By visiting or using the Services or the Content, you agree to our Privacy Policy, the terms of which are incorporated herein by this reference as may be or become in effect from time to time. We may modify our Privacy Policy at any time.

ELIGIBILITY

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, visit the Site or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

 

LICENSE AND SITE ACCESS

dojocare.co grants the Customer, for the Term of this Agreement and in the Territory (both defined by the individual subscription agreement between Company and Customer), a limited, non-exclusive, terminable, and nontransferable license to access and make personal use of the Services and Content and not to download (other than necessary for page viewing) or modify the Services or Content, or any portion of thereof, except with Company’s express written consent. The Customer may not make any resale or commercial use of the Site or the Content; any collection or use of any product listings, descriptions, or prices; any derivative use of the Site and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Services and Content or any portion of them may not be reproduced, distributed, duplicated, republished, copied, sold, resold, or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, videos, or form) of dojocare.co without our express written consent. The Customer may not disassemble, decompile, or reverse engineer any online components of the Services or Content nor take any action, whether intentional or unintentional, that may circumvent, disable, damage, or impair dojocare.co control or security systems nor allow or assist a third party to do so.  The Customer shall only use the Services and Content in a manner that does not disparage the Services, Content, or dojocare.co or otherwise use the Services or Content in any manner that dojocare.co may, in its sole discretion, deem inappropriate.  Any unauthorized use of the Services automatically terminates your permission or license to use our Services.  All rights not expressly granted to Customer are reserved to dojocare.co, and all uses of the Content by you not expressly permitted hereunder are prohibited.

Customer acknowledges and agrees that the Services and Content possess a special, unique, and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use and that unauthorized use may cause immediate and irreparable damage to Company for which Company would not have an adequate remedy at law.  Therefore, Customer agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Company, Company shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

You agree that you will not send us or any other User any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Services for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.

dojocare.co attempts to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.

The Services may include links to other Internet sites as a convenience to you. We do not monitor or endorse any such sites or the information, products, or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk.

USER ACCOUNT

If you wish to register to use the Services you must enter into a User Agreement with us, and you must continue also to abide by these Terms of Use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Please note: dojocare.co is in the business of selling and distributing beauty and cosmetic and other products and services. dojocare.co sells its products primarily to adults, who, among other things, can legally enter into credit card transactions or other permitted payment methods and agreements. If you are under 18, you may use the Content and the Services only with authorization and supervision of a parent or legal guardian. dojocare.co reserves the right to refuse service, terminate accounts, remove or edit the Content, or cancel orders in its sole discretion. In case of a conflict between these Terms of Use and the User Agreement, the specific provisions of the User Agreement shall supersede the conflicting term of these Terms of Use.

To the extent you access any of the Content online, you shall have a valid username, password, and passcode for such purposes (the “Log-In Information”).  You must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the Customer.  You are responsible for maintaining the security and confidentiality of all Log-In Information and for preventing access to the Services or Content by unauthorized persons using Log-In Information.  Unauthorized access to or use of the Content by someone using a Customer or duly assigned student user of Customer Log-In Information may be attributed to such Customer.

 

You must keep your Log-In Information updated.  In creating and updating your Log-In information, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

SOCIAL MEDIA

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that are tagged with #dojocare or #dojosoap or any other Dojo promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Dojo a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Dojo will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Dojo shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Dojo retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Dojo, you will furnish Dojo any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Dojo and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

  • Dojo does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Dojo and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by Dojo or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Dojo has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Dojo acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Dojo becomes aware of any User Content that allegedly may not conform to these Terms, Dojo may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Dojo has no liability or responsibility to Users for performance or nonperformance of such activities.

TEXT MESSAGING TERMS

Dojo (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

 

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an auto dialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto dialer”). Message and data rates may apply.

 

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

 

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

 

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

 

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

 

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@Dojo.co. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

 

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

 

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

 

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

 

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

 

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.


INTELLECTUAL PROPERTY

Our Services and the Content are owned by or licensed to Dojocare.co, subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. Dojocare.co reserves all rights to the Content, and by using the Content, even as permitted hereunder, you do not gain any ownership interest in the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or the Content.

Dojo trademarks, the Dojo logo, and any other product or service name or slogan contained in the Services and the Content are trademarks, trade dress, and service marks of Company and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Company or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Dojocare.co" or any other name, trademark, service mark, or product or service name of Dojocare.co without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are the service marks, trademarks, and/or trade dresses of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names, and company names or logos mentioned in the Services or Content are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation thereof, nor does it imply their endorsement of us.

Unless otherwise indicated in this Site, including our Privacy Policy or in connection with our Services, any communications or material of any kind that you or any user authorized by you e-mails, text messages, posts, or transmits through the using or in connection with the Services, including, without limitation, questions, comments, suggestions, notes, answers to questions, submissions, reviews, ratings, and any other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant Dojocare.co a non-exclusive, royalty-free, perpetual, Universal, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your or your authorized user’s Communications throughout the Services or elsewhere for our business purposes without any expectation of privacy in your Communications or those of your authorized users. We are free to use the name of you or your organization, and any ideas, concepts, techniques, opinions, and know-how of any description in your Communications for any purpose, including, but not limited to, the development, marketing, and use of products and services based on the Communications.

dojocare.co may, but is not obligated to, monitor or review any areas of the Services where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, social networks, groups, communities, and other user forums. Dojocare.co, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of trademark, copyright, defamation, privacy, obscenity, or otherwise. Dojocare.co retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

RULES OF CONDUCT

  1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.

  2. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.

  3. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

  4. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

  5. All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

PRODUCT REVIEWS

The Services allow registered users to post reviews, ratings and comments about products sold on the Site (collectively, “Reviews”), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Site may not be endorsed by Dojo and may not represent the views of Dojo. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not Dojo, are solely responsible and liable for any Reviews that you post, including the content contained therein.  By posting a Review, you grant Dojo a nonexclusive, royally free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Review of yours throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Review shared on the Site available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Review of yours on other media and services, subject to this Agreement; and (d) use the name and/or trademark that you submit in connection with such Review of yours. You acknowledge that Dojo may choose to provide attribution of your Review at our discretion, You further grant Dojo the right to pursue at law any person or entity that violates your or Dojo’s rights in your Review by a breach of this Agreement. You acknowledge and agree that your Review is non­confidential and non-proprietary. You affirm, represent and warrant  that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Dojo to publish and otherwise use) your Review as authorized herein.

Dojo  reserves the right to refuse to post or remove any material submitted or posted in any Review in its sole discretion. Notwithstanding the foregoing, you acknowledge that Dojo is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review.  Dojo does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and Reviews.  You agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or Review in exchange for payment or other benefits from any individual or entity; and (iii) your Review will comply with the terms set forth herein. If Dojo determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice. We may, but are not obligated to, monitor or review our Site at any time. If we become aware of any possible violations by you of this Agreement or applicable law, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Site. You understand and agree that Dojo may, but is not obligated to, review and delete (without notice) any information that Dojo in its sole discretion determines violates this Agreement, violates the rights of another person or entity, or which might be offensive, illegal or threaten the safety of others. Specifically, Dojo may remove any Reviews in the event it determines, in its sole discretion, that a Review:

1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

3. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;

4. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;

5. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

6. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;

7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Dojo;

8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;

9. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;

10. Are unrelated to the product’s quality, health benefits, or nutritional value, or primarily address administrative issues best handled by customer service (eg subscriptions or cancellations). 

11. Is otherwise objectionable to Dojo is in its sole discretion, 

12. Restricts or inhibits any other person from using or enjoying the Services, or 

13. May expose Dojo or its users to any harm or liability of any type.

COPYRIGHT POLICY AND COMPLAINTS

Dojocare.co respects the intellectual property of others. If you believe that any material on the Services or any use of the Services infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;

  • A description of where the material that you claim is infringing can be found on the Site;

  • Your address, telephone number, and email address;

  • A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”

 

Send the notification to us as follows:

support@dojocare.co

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of dojocare.co or any third party.

THIRD PARTY SERVICES

 

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between their operator and us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

 

BILLING AND SHIPPING

 

SHIPPING

 

Product title passes to you when the Product is shipped. You have 21 days to notify Dojo of any missing, wrong, or damaged portion of your purchase or Dojo cannot be held responsible for these issues. Unless you provide Dojo with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Domestic orders are generally processed in 2 to 3 business days. You should receive an email notification once your order has shipped. Product generally arrives in 5 to 7 business days via USPS First Class mail.

 

BILLING

 We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

PAYMENT METHOD

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

 

RECURRING BILLING

 

Some of the Paid Services, such as the purchase of products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. More information on auto-replacing products can be found at our Help / FAQ page. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.DOJOCARE.CO.

 

CURRENT INFORMATION REQUIRED

 

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.DOJOCARE.CO. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

 

CHANGE IN AMOUNT AUTHORIZED

 

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

AUTO-RENEWAL FOR SUBSCRIPTION SERVICES

 

Unless you opt out of auto-renewal, which can be done through your Account Settings www.dojocare.co/account, any subscription services, such as any auto-replacing products (“Subscription Services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings www.dojocare.co/account. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment. 

TERMINATION

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Disclaimer of Warranties and Limitation of Liability

THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COMPANY’S SITES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  DOJOCARE.CO DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH COMPANY’S SITES, THEIR SERVERS, OR E-MAIL OR TEXT MESSAGES SENT FROM STUDYSYNC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STUDYSYNC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH COMPANY’S SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

IN NO EVENT SHALL COMPANY’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE SITES IN ANY MANNER WHATSOEVER EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID TO COMPANY BY THE INJURED PARTY OR US$500.00.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES AND DAMAGES SHALL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend, and hold Company and its affiliates, and their respective directors, officers, employees, shareholders, agents, suppliers, customers, and users of the Services and Content (collectively, the "dojocare.co Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including reasonable legal fees) incurred by any dojocare.co Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; and (iii) any use or alleged use of the Services or the Content by you or anyone within your control.

Company reserves the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim. Company may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  You agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect.

Disputes and Applicable Law

By visiting the Site(s), you agree that the laws of the State of California, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Company. Any dispute relating in any way to your visit to or use of the Site(s) or of the Content, products, or services sold or distributed by Company or through Company shall be solely adjudicated in the Superior Court of the State of California in Los Angeles Country, California or in the U.S. Federal District Court for the Central District of California, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail.

ARBITRATION CLAUSE

 

– IMPORTANT –

 

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

 

Arbitration.

 

Notwithstanding any other provisions of this Agreement:

 

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION in accordance with the Arbitration Rules and Procedures of ADR SERVICES, INC., AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT 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. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

 

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in any class action or class-wide arbitration for any claims covered by this agreement to arbitrate.

 

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

 

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either you or we can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

 

Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

 

Changes and Severability

We reserve the right to make changes to the Services, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Communication with dojocare.co

info@dojocare.co

You agree to receive communications from us electronically regarding your account, this Agreement and the Services, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.

 

EFFECTIVE DATE OF TERMS OF USE

December 14, 2025.