Terms of service

GoChirp.com Terms of Use

These Terms of Use (“Terms of Use”) are a legal and binding agreement between you and Chirp (referred to herein as “Chirp”, “Company”, “we”, “us”, or “our”), governing your access to and use of the website https://gochirp.com/ (“Website”), all content, features, functionality, offers, and recommendations made available through the Website ( “Online Services”), and your placement of orders for the products available on the Website (each a “Product”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THE WEBSITE.  By using the Website or by clicking “accept” to the Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms of Use and represent and warrant that you are of legal age to form a binding contract with the Company.  If you do not agree to these Terms of Use, you must not access or use the Website.

1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole and absolute discretion.  All changes are effective immediately when we post them to the Website, and the changes apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

2. Accessing the Website, Account Security, and Personal Information

2.1 Availability and Access.  We reserve the right to withdraw or amend this Website, and any Online Services or material we provide on the Website, in our sole and absolute discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.     From time to time, we may restrict access by users to some parts of the Website, or the entire Website.

You are responsible for both: (A) making all arrangements necessary for you to have access to the Website and its Online Services; and (B) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

2.2 Account Security.  If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat the information as confidential, and you must not disclose it to any other person or entity.  You acknowledge that your account and other order details for Products are personal to you and agree not to provide any other person with access to portions of the Website containing your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account or Product order at the end of each session.  Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password, order information, or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole and absolute discretion for any or no reason, including if you have violated any provision of these Terms of Use.

2.3 Personal Information.  To access the Website or some of the resources it offers related to Products, you may be asked to provide registration details (e.g., email address) or other identifying information.  A condition of your use of the Website is that all the information you provide on the Website is correct, current, and complete.   All information you provide to register with this Website or otherwise, including, without limitation, through the use of any interactive Online Services, is governed by our “Privacy Notice” ([insert link to Privacy Notice]).

3. Intellectual Property Rights

The Website and its Online Services, content, features, and functionality (including, without limitation, to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download copies to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement for such applications.

By using the Website you agree not to: (A) modify copies of any materials or Online Services from this Website; (B) use any illustrations, photographs, video, or audio sequences, or any graphics, separately from the accompanying text; or (C) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.   No right, title, or interest in or to the Website or any material on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.   Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4. Trademarks

The Company name, the “chirp.” logo, and all related names, logos, Product names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

5. Copyright Infringement

Chirp is committed to complying with U.S. copyright law and to responding to claims of copyright infringement.  Chirp will promptly process and investigate notices of claimed infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c).  All notifications of claimed copyright infringement must be submitted to the contact information set forth in Section 11.4 of these Terms of Use.

6. Prohibited Uses

You may use the Website only for lawful purposes, such as browsing and purchasing our Products, and in accordance with these Terms of Use.  You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use for any commercial purposes any part of the Website or any Online Services available through the Website.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Online Services or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website or place orders for Products.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent of the Company.
  • Use any device, software, or routine that interferes with the proper working of the Website and the Online Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

7. User Submissions

You are solely responsible for any information, content, or material you transmit to or through the Website or otherwise to us, including, without limitation, reviews that you post through the Website (“Submissions”).  You understand that, except for any personal information we may collect from you under the guidelines established in our Privacy Notice, Submissions are considered non-confidential and non-proprietary. 

Furthermore, you grant Chirp an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, remove from the Website, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else.  You represent and warrant that: (1) you have the right to submit the Submission to Chirp and grant the licenses set forth herein; (2) Chirp will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (3) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (4) the Submission complies with these Terms of Use and all applicable laws and regulations.

CHIRP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION.

8. Monitoring and Enforcement

To enforce these Terms of Use and protect the integrity of the Website, we retain the rights to: (1) remove or refuse to post any Submissions for any reason or no reason, in our sole and absolute discretion; (2) take appropriate legal action in connection with any illegal or unauthorized use of the Website; and (3) terminate or suspend your access to all or part of the Website for any violation, or suspected violation, of these Terms of Use.  Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

9. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Disclaimers, Warranties, and Indemnification

10.1 Reliance on Information Posted.  The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.  Occasionally information on our Website or in the Online Services may contain typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Online Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services.  All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10.2 Medical Disclaimer.  The information contained on this Website is not intended to replace competent medical advice, and, although some of the Products described herein are Class I FDA medical devices (pursuant to Title 21, Parts 862–892 of the U.S. Code of Federal Regulations), none of the claims or observed results detailed on the Website have been evaluated by the U.S. Food and Drug Administration.  The Website, and any anecdotal experiences of users expressed therein, serves as information only, which you should use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.

Furthermore, the information we present on the Website is not given with the intention of diagnosing any condition or prescribing any treatment.  If you use the information presented on the Website without a licensed medical practitioner’s approval, you will be diagnosing your medical needs for yourself.  We do not assume any responsibility if you use the information on the Website in place of a licensed medical practitioner’s services.  No guarantees of any kind are made for the performance or effectiveness of the Products mentioned on this Website.

10.3 Disclaimer of Warranties.  THE WEBSITE, PRODUCTS, AND ONLINE SERVICES ARE PROVIDED “AS IS”.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE, ONLINE SERVICES, AND PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.  THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT.  THE COMPANY MAY DISCONTINUE ANY ASPECT OF THE WEBSITE, DISCONTINUE ANY PRODUCT OFFERINGS, OR THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE ONLINE SERVICES AT ANY TIME.  WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT GUARANTEE THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

If you are dissatisfied with the Online Services in any way, your sole and exclusive remedy is to discontinue accessing and using the Online Services and the Website.

10.4 Limitation of Liability.  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10.5 Indemnification.  You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, without limitation, your Submissions, any use of the Online Services and Products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

11. SMS Agreement

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us.

For help, reply “HELP” to any Text Message you receive from us or email customerservice@gochirp.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator.

Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

12. Miscellaneous 

12.1 Entire Agreement.  Except as specifically referenced or incorporated herein (e.g., the Privacy Notice), the Terms of Use constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

12.2 Severability.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

12.3 Governing Law.  All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website must be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake County.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12.4 Contact Information.  For questions about these Terms of Use or the Website, please contact: privacy@gochirp.com, or write to us at the following address:

Plexus Yoga LLC d/b/a Chirp

1040 South 1580 West

Vineyard, Utah 84059 

USA

* * *

Last updated October 25, 2021