Last updated: January 1, 2025 | Effective date: January 1, 2025
Please read these Terms of Service ("Terms") carefully before accessing or using the website located at www.gochis.shop (the "Site") or engaging the professional services of Gochiso LLC. By accessing the Site or engaging our services, you agree to be bound by these Terms. If you do not agree, you must not use the Site or engage our services.
These Terms constitute a legally binding agreement between you ("you," "your," or "Client") and Gochiso LLC, a limited liability company registered in the United States ("Gochiso," "we," "our," or "us"), with its principal place of business at 2005 Clinton St Ste B, Aurora, CO 80010, United States.
By using the Site, submitting an inquiry, or entering into a services agreement with us, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
Gochiso LLC provides professional, scientific, and technical services including but not limited to:
The specific scope, deliverables, timeline, and pricing for any professional engagement will be defined in a separate written Statement of Work or Services Agreement executed by both parties.
The Site and our services are intended for businesses and organizations. By using the Site or engaging our services, you represent and warrant that:
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for the purpose of learning about and engaging with our services. This license does not include the right to resell or commercially exploit any portion of the Site.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You must not use the Site in any way that violates applicable local, state, national, or international laws or regulations.
We reserve the right to modify, suspend, or discontinue the Site or any portion thereof at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Site.
A professional services engagement is formed only when both parties have executed a written Statement of Work, Master Services Agreement, or other written services contract. No commitment to provide services arises from website inquiries, proposals, or preliminary discussions alone.
Any changes to the scope, timeline, or fees of an engagement must be agreed upon in writing by both parties through a formal change order process as described in the applicable services agreement.
You agree to provide Gochiso LLC with reasonable access to your personnel, systems, data, and resources as necessary for us to perform the agreed services. Delays caused by your failure to provide required information or access may affect timelines and fees.
Deliverables will be subject to an acceptance process as defined in the applicable services agreement. If you do not provide written acceptance or rejection within the specified review period, deliverables will be deemed accepted.
All fees for professional services will be set forth in the applicable Statement of Work or services agreement. Fees are quoted in U.S. dollars unless otherwise stated.
Unless otherwise agreed in writing, invoices are due and payable within thirty (30) days of the invoice date. We reserve the right to suspend services if payment is not received by the due date.
Overdue amounts are subject to interest at the rate of 1.5% per month (or the maximum rate permitted by law, if lower), calculated from the due date until the date of full payment.
All fees are exclusive of applicable taxes. You are responsible for all applicable sales, use, value-added, withholding, and other taxes arising from your engagement with us, except for taxes based on our net income.
Unless otherwise specified, pre-approved out-of-pocket expenses incurred in connection with services (such as travel, accommodation, and third-party software licenses) will be invoiced to you at cost.
The Site and all of its content, features, and functionality — including text, graphics, logos, images, software, and the selection and arrangement thereof — are owned by Gochiso LLC or its licensors and are protected by U.S. and international intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from any Site content without our prior written permission.
Ownership of intellectual property created during a professional services engagement will be governed by the applicable services agreement. In the absence of a written agreement, all work product, code, and deliverables remain the property of Gochiso LLC unless otherwise expressly assigned.
Gochiso LLC retains all rights to its pre-existing intellectual property, proprietary frameworks, methodologies, tools, and know-how. Any license to use such property is limited to the scope specified in the applicable services agreement.
You retain ownership of any content, data, or materials you provide to us. You grant Gochiso LLC a limited license to use such materials solely as necessary to perform the agreed services.
Each party acknowledges that in the course of an engagement, it may receive confidential information of the other party. Both parties agree to:
These confidentiality obligations do not apply to information that is or becomes publicly available through no breach of these Terms, or that a party is required to disclose by law or court order.
You agree not to engage in any of the following activities:
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GOCHISO LLC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We represent that our professional services will be performed by qualified personnel in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE SERVICES AGREEMENT, ALL PROFESSIONAL SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.
While we strive to keep information on the Site accurate and current, we make no representations or warranties as to the accuracy, completeness, or timeliness of any content on the Site. Information on the Site does not constitute professional advice.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOCHISO LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100). FOR PROFESSIONAL SERVICES, OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO GOCHISO LLC IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Gochiso LLC and its members, managers, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site will immediately cease.
Termination rights for professional services engagements will be governed by the applicable services agreement. Unless otherwise specified, either party may terminate an engagement for cause upon written notice if the other party materially breaches the agreement and fails to cure such breach within thirty (30) days of written notice.
Sections of these Terms that by their nature should survive termination will survive, including Sections 7 (Intellectual Property), 8 (Confidentiality), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law).
These Terms and any dispute arising from your use of the Site or our services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.
Before initiating any formal dispute resolution, you agree to first contact us at support@gochis.shop and attempt to resolve the dispute informally. We will make reasonable efforts to resolve the dispute within thirty (30) days.
If a dispute cannot be resolved informally, any controversy or claim arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Aurora, Colorado, or remotely. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding the above, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.
These Terms, together with our Privacy Policy and any executed services agreements, constitute the entire agreement between you and Gochiso LLC with respect to the subject matter hereof and supersede all prior agreements, understandings, and communications.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Our failure to enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Gochiso LLC.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Neither party shall be liable for any failure or delay in performance due to causes beyond their reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, or failures of third-party infrastructure.
All notices under these Terms shall be in writing and sent to the addresses listed below. Notices to you may be sent to the email address associated with your inquiry or services agreement.
We reserve the right to update these Terms at any time. We will post the updated Terms on this page with a new "Last updated" date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
If you have questions about these Terms, please contact us:
Gochiso LLC
Attn: Legal
2005 Clinton St Ste B
Aurora, CO 80010
United States
Email: support@gochis.shop
Phone: +1 (680) 282-8712
Website: www.gochis.shop