Terms & Conditions

Effective Date: 2024-03-04

1. YOUR ACCEPTANCE

This Terms and Conditions Agreement (this “Agreement”) is between you (the website visitor and user) and GUDI, INC. (“GUDI”) concerning your use of the website (the “Site”) and its contents. By using the Site and its content, you accept this Agreement. If you do not agree with this Agreement, you should stop using the Site.

Please note that this Agreement may be subject to updates and changes due to changes in the Site features or applicable laws that warrant them. Changes made to this Agreement shall immediately go into effect upon making them. Please stay updated by reviewing this Agreement frequently.

2. ABOUT GUDI

We are an S Corporation in the State of Washington. The words “we,” “us,” and “our,” as used under this Agreement, refer to GUDI. If you have any questions, queries, concerns, or complaints regarding this Agreement or our entire services, please get in touch with us using the information below:

Controller: GUDI, INC.
Correspondence Location: Gilbert, AZ United States
Email correspondence: help@gudi-usa.com

3. ELIGIBLE PERSONS

To use the Site, you must be at least 13 years of age, be able to form a binding agreement, and must not be in violation of any applicable laws. By accessing the Site, you warrant that you meet these criteria.

4. PRODUCTS AND AMAZON LINKS

We use the Site to showcase our products on Amazon. The links on the Site are for convenience only. When you link to the product pages on Amazon, the terms and policies on the page will apply to your purchases. 

5. INFORMATION AND PRIVACY

We may collect certain personal and non-personal information from you when you use the Site. The types of information collected and how we used them is described in our Privacy Policy. Please read it to learn more. By using the Site, you agree to our Privacy Policy. 

6. IP OWNERSHIP

The content existing on the Site, including the product images, product descriptions, other texts, product designs, website design, videos, and audio, as well as the GUDI trademarks, trade name, domain name, and other materials, are the exclusive intellectual property of GUDI and respective third parties. These content and materials are subject to copyright, trademark, and other intellectual property rights in the United States and other locations. Your use of the Site does not confer any ownership rights to any of our copyrights.

You may not reproduce, modify, use, adapt, distribute, publicly display or perform, or make derivate works from our content and materials without written permission from us.

GUDI™ is a registered trademark in the United States and other locations. You may not use our trademark or trade dress in connection with any other products or services that we do not control in a way that may cause confusion, or in a way that discredits or disparages us. You may not use our trademark or trade dress without written approval from us.

7. GRANT OF LICENSE 

Subject to your compliance with this Agreement, GUDI hereby grants you a non-transferable, non-sublicensable, revocable, limited license to access the Site, download, and use any content or materials to the extent it is for personal and non-commercial use. You are not allowed to use our content and materials for any commercial endeavors – unless we approve it writing.

8. PRODUCT INFORMATION

We strive to provide accurate descriptions of each product advertised on the Site. However, we do not warrant that product descriptions are without errors or are current. Likewise, the product images may be for illustrative purposes. The actual color and appearance may differ due to factors such as your device settings. Our solution to any errors that occur with respect to the Site will be to correct them.

9. REVIEWS AND FEEDBACK

We welcome feedback about the Site and its content. If you submit a review or feedback, you grant us non-exclusive, irrevocable, royalty-free rights to host, display, and use your review or feedback across websites controlled by us, including for our marketing purposes.

10. PROHIBITED ACTIVITIES

With respect to the Site, you agree to refrain from the following prohibited activities:

  • You must not misuse the Site, especially engaging in actions that are likely to disrupt or interfere with its functions; and
  • You must not engage in any data extraction activities (including data harvesting, mining, and scraping).

11. DISCLAIMER OF SERVICE

You hereby agree that your access and use of the site and content are at your sole risk. We provide the site and its content on “as is” and “as available” basis without warranties of any kind – whether expressed or implied. We disclaim all warranties of merchantability, fitness for a purpose, title, and non-infringement.

We do not warrant that the site and content are secure, error-free, reliable, satisfactory, or will always be available, nor do we warrant that the site will be free from viruses, bugs, trojan horses, worms, or any other harmful programs or materials from third parties. Furthermore, we do not warrant the absolute security of your personally identifiable information as you use the site due to the nature of the internet.

12. TERMS AND CONDITIONS

To the fullest extent permitted by the applicable law, under no circumstances shall GUDI (or any affiliated individual, group, or company) be liable to you or any third party for any indirect, incidental, consequential, or punitive damages, including damages of lost data, revenue, reputation, goodwill, or any intangible damages – whether based on tort, contract, negligence, or otherwise – arising from your use of our site and content, including if we have been hinted of the possibility of such damages.

Certain states or jurisdictions’ laws do not allow the limitation or exclusion of implied warranties of certain damages. If these laws apply to you, some or all of the disclaimers above may not apply to you, and you may have additional rights.

13. INDEMNITY

You hereby agree to indemnify, defend, and hold GUDI (including any of our officers, employees, agents, suppliers, and other affiliated individuals, groups, and entities) harmless from any claims, liabilities, damages, expenses, or losses, including reasonable legal fees, arising from or related to your access of the Site or violation of this Agreement or any applicable laws.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.

14. THIRD-PARTY SERVICES

If you encounter any third-party links, adverts, or content on the Site, please endeavor to read the respective third parties’ terms and conditions and policies when you link to their sites. This Agreement does not govern any third-party services. By accessing any third-party services through our Site, you release us from all liabilities therefrom.

15. DISPUTE RESOLUTION

In the event of any claims, disputes, or disagreements between you and GUDI concerning the Site and its content, please contact us at help@gudi-usa.com  for an informal resolution for at least 30 days. If we are unable to settle informally within 30 days, the dispute shall be settled by binding arbitration (rather than in court) except that you may assert individuals claims in small court if they qualify.

  • Governing Law: This Agreement and any disputes arising out of your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington without regard to law conflict provisions.
  • Jurisdiction: Concerning disputes that are not subject to informal resolution (described above) or binding arbitration (described below), you agree not to commence any action other than in the State or Federal courts located in the State of Washington. By using the Site, you agree to and waive all defenses of lack of personal jurisdiction and forum non-convenience concerning the venue of such courts.
  • Binding Arbitration: If we are unable to settle a dispute informally, it will be settled by binding arbitration if either party elects.  The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (AAA Consumer Rules), available at www.adr.org. The arbitrator shall determine the qualification of a dispute for arbitration under the Federal Arbitration Act. The arbitration may be conducted through document submission, in person, by phone, or online, as agreed upon by both parties. The arbitrator’s decision shall be provided in writing, and reasons need not be provided unless requested by either party. If the arbitrator fails to follow applicable laws, either party may challenge the arbitrator. It is understood that absent this binding arbitration provision, parties would retain the right to sue in court and have a jury trial.
  • Arbitration Restrictions: Arbitration is limited to the dispute between you and GUDI only. No arbitration shall be joined with another. No dispute shall be arbitrated on a class-action basis or utilize class-action procedures. No dispute shall be brought in a purported representative capacity on behalf of another person or the public.
  • Exceptions: Disputes not subject to informal resolution or binding arbitration include:
  • Any dispute seeking to enforce or protect (or concerning the validity of) any party’s intellectual property rights.
  • Any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use.
  • Any claim for injunctive relief.

16. MISCELLANEOUS

Entire agreement: This Agreement represents the entire agreement between you and GUDI concerning the Site and its content. This Agreement – along with other terms and policies on the Site – supersede all prior covenants, understandings, or covenants (whether oral or written).

Severability: If any portion of this Agreement is found to be unenforceable by a court having competent jurisdiction, the unenforceable portion shall be deemed removable (or edited to be enforceable) and shall not affect the remaining enforceable portions.

Waiver: No failure or delay by GUDI to enforce a provision under this Agreement at any point shall be deemed a waiver of its right to enforce the right later or on subsequent violations. No waiver is valid unless in writing.

Force Majeure: If any events beyond GUDI’s control (including acts of God, fire, riots, civil unrest, epidemic, and so on), cause a delay or failure in the performance of its obligations under this Agreement, such as a delay in delivery, it shall not make GUDI become liable for any losses or damages incurred due to the delay or failure.