Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions, please do
not use this site.
Copyright
The entire content included in this site,
including but not limited to text, graphics or code is copyrighted as a
collective work under the United States and other copyright laws, and is the
property of gopherbasket.com. The collective work includes works that are
licensed to gopherbasket.com. Copyright 2003, gopherbasket.com ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with gopherbasket.com
or purchasing gopherbasket.com
products. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with gopherbasket.com or to purchase gopherbasket.com products. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless expressly authorized in writing by gopherbasket.com. You further agree not
to change or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All trademarks, service marks and trade names of
gopherbasket.com used in the site
are trademarks or registered trademarks of gopherbasket.com.
Warranty Disclaimer
This site and the materials and products on this
site are provided "as is" and without warranties of any kind, whether
express or implied. To the fullest extent permissible pursuant to applicable
law, gopherbasket.com disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. gopherbasket.com
does not represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that this
site or the server that makes the site available are free of viruses or other
harmful components.gopherbasket.com
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, such that the above limitations may
not apply to you.
Limitation of
Liability
gopherbasket.com shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if gopherbasket.com has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, such that the above limitation or
exclusion may not apply to you.
Typographical Errors
In the event that a gopherbasket.com product is mistakenly listed at an incorrect
price, gopherbasket.com reserves the
right to refuse or cancel any orders placed for product listed at the incorrect
price. gopherbasket.com reserves the
right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, gopherbasket.com shall issue a credit to your credit card account
in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you
upon your accessing the site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be terminated by gopherbasket.com without notice at any
time, for any reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
gopherbasket.com may deliver notice to you by means of e-mail, a
general notice on the website, or by other reliable method to any address you
may have provided to gopherbasket.com.
Miscellaneous
Your use of this site shall be governed in all
respects by the laws of the state of California, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction over and venue in
any legal proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of gopherbasket.com products) shall be in the state or federal courts
located in Santa Cruz, California USA. Any cause of action or claim you may
have with respect to the site (including but not limited to the purchase of gopherbasket.com products) must be
commenced within one (1) year after the claim or cause of action arises. gopherbasket.com's failure to insist
upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. gopherbasket.com may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including a gopherbasket.com or other licensed employee, host, or
representative, as well as other members or visitors on the website, is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service or other
organization.
Participation
Disclaimer
gopherbasket.com does not and cannot review all communications and
materials posted to or created by users accessing the website and is not in any
manner responsible for the content of any such communications and materials.
You acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, gopherbasket.com
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or activities
on the site. However, gopherbasket.com
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to gopherbasket.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold
harmless gopherbasket.com, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you, or by any other person
accessing the site using your account.
Third-Party Links
In an attempt to provide increased value to our
visitors, gopherbasket.com may link
to sites operated by third parties. However, even if the third party is
affiliated with gopherbasket.com, gopherbasket.com has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of gopherbasket.com.
These linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, gopherbasket.com
seeks to protect the integrity of its website and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).