By using this website, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Good Gopher web site.
2. RIGHT TO ACCESS
You acknowledge and agree that Good Gopher may terminate your access to Good Gopher or to any of the Products and Services should you fail to comply with
the Terms and Conditions or any other guidelines and rules published by Good Gopher.
Any such termination shall be in Good Gopher's sole discretion and may occur
without prior notice, or any notice. Good Gopher further reserves the right to
terminate any user's access to Good Gopher or to any of the Products
and Services for any conduct that Good Gopher, in its sole discretion, believes
is or may be directly or indirectly harmful to other users, to Good Gopher or
its subsidiaries, affiliates, or business contractors, or to other third parties,
or for any conduct that violates any local, state, federal, or foreign laws or
regulations. Good Gopher further reserves the right to terminate any user's access
to Good Gopher for any reason or for no reason at all, in Good Gopher's
sole discretion, without prior notice, or any notice.
3. COPYRIGHT
All information contained on this site is copyright © 2015 by GoodGopher.com. All
rights reserved. The information contained on this site may not be copied, published,
distributed, broadcast or otherwise used for any purpose whatsoever without the
prior written consent of Good Gopher.
4. PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as, legal,
financial, medical or expert advice of any kind. Good Gopher is not responsible
for typographical errors, editing errors, or news source errors. Good Gopher STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL
REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
5. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Good Gopher
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE INFORMATION ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Good Gopher
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL
AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY
LINKS PROVIDED IN THE WEBSITE. Good Gopher SIMILARLY DISCLAIMS, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Good Gopher DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. Good Gopher DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Good Gopher DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Good Gopher MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY Good Gopher.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Good Gopher,
INC. ("Good Gopher") ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS,
OR PRINCIPALS BE LIABLE TO ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF
Good Gopher OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH
DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Good Gopher. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHT Good Gopher.
UNDER NO CIRCUMSTANCES SHALL Good Gopher OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
7. EXTERNAL LINKS
Good Gopher may provide, or third parties may provide, links to other sites or
resources located on the World Wide Web by allowing a user to leave Good Gopher to access third-party material or by bringing the third party material
into this site via "inverse" hyperlinks and framing technology. Good Gopher
has no control over such sites and resources. You acknowledge and agree that
Good Gopher is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Good Gopher 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 use of or reliance on any such content, goods
or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Good Gopher Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Good Gopher shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Good Gopher encourages you to exercise discretion while using the Products and Services to browse the Internet. Good Gopher may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Good Gopher makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to Good Gopher web sites. Good Gopher shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in Good Gopher' search results or otherwise linked to Good Gopher web sites or provided to Good Gopher by third parties.
8. Linking to Good Gopher
Good Gopher offers a non-assignable, non-transferable, and non-exclusive
license to link to Good Gopher'S web sites, using Good Gopher logos and search boxes, subject to the following provisions. Good Gopher logos and search boxes may be placed on a Web site for the sole purpose
of creating a link to Good Gopher and allowing users of your site
to access Good Gopher. Good Gopher logos and search boxes
may not be used for any other purpose, including, among other purposes, to suggest
sponsorship by, or affiliation with, or endorsement by Good Gopher.
Good Gopher logos and search boxes may only be used in accordance
with instructions found at the http://www.GoodGopher.com/linktoGood Gopher.html link,
and may only be used in the exact size, shape, colors, design, and configuration
as found on those web pages. Good Gopher logos and search boxes may
not be altered in any manner. Good Gopher logos and search boxes
must appear by themselves, with reasonable spacing (at least the height of the
logo) between each side of the applicable logo or search box and other graphic
or textual elements. Good Gopher logos and search boxes may not be
used to disparage Good Gopher, its products or services, or in a
manner which, in Good Gopher's reasonable judgment, may diminish or otherwise
damage Good Gopher's good will in Good Gopher logos. By using any
such Good Gopher Network logo or search box, you acknowledge that Good Gopher has exclusive rights to the logo or search box, and that all good will
generated through your use of the logo or search box will inure to the benefit
of Good Gopher. Good Gopher reserves the right to revoke this license
or to alter its terms from time to time, for any or no reason, with or without
notice. Good Gopher reserves the right to take action against any use that does
not conform to these provisions.
9. NO LICENSE; INTELLECTUAL PROPERTY OF Good Gopher AND OTHERS
Except as expressly provided, nothing within any of the WEBSITE shall be construed
as conferring any license under any of Good Gopher's or any third
party's intellectual property rights, whether by estoppel, implication, waiver,
or otherwise. Without limiting the generality of the foregoing, you acknowledge
and agree that certain Content available through and used to operate Good Gopher and the WEBSITE is protected by copyright, trademark, patent, or other
proprietary rights of Good Gopher and its affiliates, licensors, and service
providers. Except as expressly provided to the contrary, you agree not to modify,
alter, or deface any of the trademarks, service marks, or other intellectual
property made available by Good Gopher in connection with the WEBSITE. You agree
not to hold yourself out as in any way sponsored by, affiliated with, or endorsed
by Good Gopher, any of Good Gopher's affiliates, or any of Good Gopher's service
providers. You agree not to use any of the trademarks or service marks or other
Content accessible through Good Gopher of any purpose other than
the purpose for which such Content is made available to users by Good Gopher.
You agree not to defame or disparage Good Gopher, the trademarks or service marks
of Good Gopher, or any aspect of the WEBSITE. You agree not to adapt, translate,
modify, decompile, disassemble, or reverse engineer the WEBSITE or any software
or programs used in connection with the WEBSITE or Good Gopher.
10. INDEMNITY AND RELEASE
By using Good Gopher web sites you agree to indemnify Good Gopher,
Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors
and hold them harmless from any and all claims and expenses, including attorney's
fees, arising from your use of Good Gopher web sites, your use of
the WEBSITE, or your submission of ideas and/or related materials to Good Gopher
or from any person's use of any account or password you maintain with any portion
of Good Gopher, regardless of whether such use is authorized by you.
By using Good Gopher, using the WEBSITE, or submitting any ideas
and/or related materials to Good Gopher, you are hereby agreeing to release Good Gopher
and its parents, subsidiaries, affiliates, officers, employees, and licensors
from any and all claims, demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known or unknown,
suspected or unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or to the WEBSITE
or to any disputes regarding use of ideas and/or related materials submitted
to Good Gopher. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY
OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS
OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
" 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 IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary,
any claim or cause of action you may have arising out of, or relating to, your
use of Good Gopher or the WEBSITE must be filed within one (1) year
after such claim or cause of action arises, or forever be barred.
12. FAIR USE
Good Gopher publishes excerpts and summaries from copyrighted works
under Fair Use, which allows the use of copyrighted materials for purposes of
commentary and criticism for the public interest. Good Gopher transforms summaries
of the original copyrighted work into a new format and adds new information and
value in the form of commentary or criticism.
Good Gopher has no intention to compete with the original copyrighted content. Rather, it is Good Gopher's intention to promote such content and deliver readers to such content. Accordingly, when Good Gopher cites a copyrighted work for commentary or criticism, Good Gopher acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which Good Gopher requests absolutely no payment or consideration.
13. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Good Gopher to respond expeditiously to claims
of intellectual property infringement. Good Gopher will promptly process and
investigate notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying or substantially
complying with the DMCA, Good Gopher will act expeditiously to remove
or disable access to any material claimed to be infringing or claimed to be the
subject of infringing activity and will act expeditiously to remove or disable
access to any reference or link to material or activity that is claimed to be
infringing. Good Gopher will terminate access for subscribers and
account holders who are repeat infringers. Notices of claimed infringement should
be directed to:
Good Gopher, Inc.
P. O. Box 29-99 Taichung, Taichung City 40899 Taiwan
Email address: [email protected]
Please put "Notice of Infringement" in the subject line of all such notifications. When Good Gopher removes or disables access to any material claimed to be infringing, Good Gopher may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Good Gopher makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Good Gopher will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Good Gopher replaces or restores access to any material as a result of any counter notification.
14. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the WEBSITE, all legal
issues arising from or related to the use of the WEBSITE shall be construed in
accordance with, and all questions with respect thereto shall be determined by,
the laws of Taiwan, R.O.C. applicable to contracts entered into and wholly to
be performed within said state. Any controversy or claim arising out of or relating
to these Terms and Conditions or any user's use of the WEBSITE shall be settled
by binding arbitration in accordance with the commercial arbitration rules of
the American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall be conducted
in Taiwan, R.O.C., and judgment on the arbitration award may be entered into
in any state or federal court in Taiwan, R.O.C. having jurisdiction thereof.
Any party seeking temporary or preliminary injunctive relief may do so in any
state or federal court in Taiwan, R.O.C. having jurisdiction thereof. Except
as set forth above, the state and federal courts of Taiwan, R.O.C. shall be the
exclusive forum and venue to resolve disputes arising out of or relating to these
Terms and Conditions or any user's use of the WEBSITE. By using the WEBSITE and
thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction
and venue in the state and federal courts in Taiwan, R.O.C. with respect to all
such disputes.
15. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN WEBSITE
Good Gopher reserves the right to modify the WEBSITE from time to
time, for any reason, and without notice, including the right to terminate the
WEBSITE. Good Gopher reserves the right to modify these Terms and
Conditions from time to time, without notice. Please review these Terms and Conditions
from time to time so you will be apprised of any changes.
16. MERGER
These Terms and Conditions constitute the entire agreement between the parties
with respect to the subject matter contained herein and supersedes any other
agreement, proposals and communications, written or oral, between Good Gopher's
representations and you with respect to the subject matter hereof; except that
any other terms and conditions located on any individual Good Gopher Network
web site or in connection with the WEBSITE are incorporated herein by reference
to the extent they do not conflict with these Terms and Conditions. To the extent
that any other terms and conditions or terms of service conflict with these Terms
and Conditions, those other provisions shall control with respect to the use
of the particular web site and any information available on or through the web
site or the respective content location at which those other provisions may be
found.
17. NON-WAIVER AND SEPARABILITY
Good Gopher's failure to exercise any right or provision of these Terms and Conditions
shall not constitute a waiver of such right or provision. If a court of competent
jurisdiction holds any provision of these Terms and Conditions to be invalid,
the parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and agree that the
other provisions of these Terms and Conditions remain in full force and effect.
18. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate
your rights or obligations under these Terms and Conditions without prior express
written authorization of Good Gopher.
19. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing,
or other transfer of rights or obligations, these Terms and Conditions shall
be binding upon and inure to the benefit of the parties hereto and their respective
heirs, successors, and assigns.
20. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the
WEBSITE, unless specifically terminated earlier by Good Gopher. All provisions
of these Terms and Conditions which impose obligations continuing in their nature
shall survive termination of these Terms and Conditions.
21. COMMUNICATIONS WITH USERS
You consent to receive communications from Good Gopher concerning your use of
the WEBSITE ("Communications"). The Communications may be those that
Good Gopher is required to send to you by law concerning the WEBSITE ("Required
Communications"). The Communications may also be those that Good Gopher
sends to you for other reasons. You consent to receive Communications electronically.
Good Gopher may provide these Communications to you by sending an email to the
email address you provided or by posting the Communication on Good Gopher. You also consent to receive Communications by telephone or by postal
mail sent to the postal address you provided in connection with your account,
if any. You may change the email or postal address to which Good Gopher sends
Communications by visiting your account information page.
22. SUBMISSIONS OF IDEAS
Good Gopher is always improving its WEBSITE and developing new features.
If you have ideas regarding improvements or additions to Good Gopher,
we would like to hear them -- but any submission will be subject to these Terms
and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED
MATERIALS TO Good Gopher BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION
OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Good Gopher,
YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED
MATERIALS AND ARE REPRESENTING AND WARRANTING TO Good Gopher THAT THE IDEA AND/OR
RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS
IN THE IDEA AND/OR MATERIALS AND THAT Good Gopher IS FREE TO IMPLEMENT THE IDEA
AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Good Gopher,
WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
23. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Good Gopher
and Good Gopher, Good Gopher reserves the right to pursue any and
all legal and equitable remedies against you, including, without limitation,
terminating any and all access and or user accounts on any and all of Good Gopher web sites.
24. SUBMITTED CONTENT
You hereby agree that all content you submit to Good Gopher, via web forms, email
to the editor, email to employees, phone calls, faces or other form of communication
shall become the sole property of Good Gopher and may be used by Good Gopher
in any way whatsoever, without limitation.
We hope your enjoyment of Good Gopher' WEBSITE will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Good Gopher community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our WEBSITE.