Gopher Resource, LLC Terms of Service

Last Updated: June 13, 2024

Acceptance of Terms of Service and Privacy Policy

In consideration for accessing and using www.gopherresource.com (the “Site”) and the Site’s services (including the sale of goods), you accept and agree to be bound by the terms and provisions of these Terms of Service (these “TOS”) and the Privacy Policy located at: https://www.gopherresource.com/privacy-policy.html (the “Privacy Policy”).  The terms of these TOS and the Privacy Policy apply to, and govern, your use of all webpages and content contained within the Site and your relationship with Gopher Resource LLC (“Gopher Resource,” “us,” “we,” or “our”).

Modifications to Terms of Service and Privacy Policy

You understand that the terms of these TOS and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services.  Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOS and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the TOS or Privacy Policy, you must notify Gopher Resource in writing within the ten-day (10) time period described above and immediately discontinue use of any Site services.

Adult Usage Only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission.  Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.

Secured Areas

Some portions of the Site are restricted and require authorization for access.  Unauthorized use of or access to these areas is prohibited.  Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution.  Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site.  If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

Accuracy of Information Provided by You

You agree that all information you provide through the Site or otherwise to Gopher Resource is true, current, complete and accurate.  You also agree that you will update your information as needed to keep it true, current, complete and accurate.  You hereby agree to notify us within five (5) business days of a change in any information you provided us.  Such notices should be sent to Info@gopherresource.com.

Failure to provide such updated information will constitute a material breach of the terms of these TOS and may lead to the suspension or termination of your account.

You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Site or otherwise to Gopher Resource.  You further warrant that to the extent you provided personal data about a third party through the Site or otherwise to Gopher Resource, you provided that third party with notice about the Site’s TOS and Privacy Policy.  You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.

Code of Conduct

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOS and the Privacy Policy.  You agree to not use the Site services or anything related to the Site services or any other services offered by Gopher Resource for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content.  Additional prohibited actions with respect to use of the Site and any Site services include:

  1. Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
  2. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
  5. Use any metatags or any other “hidden text” utilizing any part of the Site or Gopher Resource’s name, service or trademarks or trade dress without the express written consent of Gopher Resource;
  6. Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  7. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
  8. Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
  9. Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
  10. Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator; or
  11. Any attempt to reverse engineer or reconstruct any portion of the Site.

You agree to fully comply with any applicable laws and regulations.  You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services.  You further agree to that to the extent you are using the Site for the purposes related to Gopher Resource you will adhere to all applicable State and Federal laws and regulations.

Knowledge of TOS and Privacy Policy

If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these TOS and the Privacy Policy.

Breach of the Terms of Service and/or Privacy Policy

We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you have breached these TOS or any other obligation to Gopher Resource.  Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOS and the Privacy Policy: (i) your failure to abide by any provision of these TOS and the Privacy Policy; (ii) your failure to pay any amounts due to Gopher Resource; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by Gopher Resource.

If any of the foregoing events occurs and we deem it a material breach by you of these TOS and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Gopher Resource is not obligated to send any such notice of default and may immediately suspend or terminate your Site account or services without notice.  In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.

Use of Name

If you are a customer using the Site or any Site services, you consent to Gopher Resource using your name and business name in advertising and promotional materials related to Site services.

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of these TOS and the Privacy Policy.  Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to Gopher Resource.

Maintenance/Site Down Time

Gopher Resource reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary.  Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.  Gopher Resource will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.

Gopher Resource is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Gopher Resource’s control.

Intellectual Property Rights

You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you.  You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.

All content including but not limited to text, graphics, downloads and software included on this site is the property of Gopher Resource or its licensors and is protected by United States and international copyright laws.

You also grant Gopher Resource a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us.  Such information will be used solely by us in conjunction with marketing the Website and its services.

Disclaimer of Warranties

GOPHER RESOURCE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF GOPHER RESOURCE, GOPHER RESOURCE DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  GOPHER RESOURCE DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS.  EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF GOPHER RESOURCE, GOPHER RESOURCE PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH GOPHER RESOURCE.

GOPHER RESOURCE DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW.  GOPHER RESOURCE IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.

Assumption of Risk

The Site is intended for information and educational purposes only.  When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk.  In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.

Third Party Intellectual Property Rights

The Site may have branded materials or otherwise contain intellectual property rights owned by third parties.  The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Gopher Resource shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.

Customer Support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Gopher Resource provides email support for Site customers. Support can be reached by sending an email to Info@gopherresource.com. 

Indemnification

As a user of the Site, you agree to release, indemnify, defend and hold harmless Gopher Resource and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOS or the Privacy Policy, your submissions to the Site, the services provided through the Site or otherwise by Gopher Resource to you, your use of any services of the Site or provided by Gopher Resource or your alleged violation of any rights of another.  This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law.  Further, if Gopher Resource receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Gopher Resource for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena.  This indemnification obligation is in addition to any other rights or remedies Gopher Resource may have in law or equity.

You agree that Gopher Resource shall have the right to participate in the defense of any claim asserted against Gopher Resource or involving the Site.  You also agree that Gopher Resource shall be entitled to retain a counsel of Gopher Resource’s own choosing at your cost.  You further agree to notify Gopher Resource of your knowledge of any claim against Gopher Resource or involving the Site.  You agree to cooperate fully with Gopher Resource during such proceedings.

Right to Refuse Service

Gopher Resource, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.

Consent and Survival of Agreement

By using the Site and Site services provided through the Site by Gopher Resource under these TOS and the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these TOS and the Privacy Policy.  You also agree to be bound by all amended terms and conditions of these TOS and the Privacy Policy.  These terms of these TOS and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site or its services.

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating these TOS or the Privacy Policy, you may inform Gopher Resource in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below.  Gopher Resource may, but is not obligated, to conduct an investigation into the allegations.  Gopher Resource reserves the right to remove accounts, content, or postings that from the Site Gopher Resource, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records.  Under no circumstances will Gopher Resource be liable to you for your failure to retain necessary records, nor will Gopher Resource’s retention or non-retention of records act to alleviate your duty under the law.

Termination of Services

You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOS or the Privacy Policy.  You agree that upon such termination or discontinuance for any reason, Gopher Resource may delete all information related to you on or within the Site and may bar your access to and use of Site services.

Notices and Communication

You authorize Gopher Resource and its sponsors and affiliates to communicate with you to the full extent allowed by the Gopher Resource’s Privacy Policy.  Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to the Site or Gopher Resource.  If you do not wish to receive bulk e-mail notices or announcements from Gopher Resource, please send us an e-mail at the e-mail address listed below.  To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.

Notices that you send to us must be delivered via first class mail to the following address:

Gopher Resource 
ATTN: Website Inquiry
2900 Lone Oak Parkway, Suite 140a
Eagan, MN 55121

You may also send us notices via e-mail to: info@gopherresource.com so long as you place “LEGAL NOTICE” in the subject line of the email.

You authorize us to send any notices to you based on the contact information you provide us.  We are not responsible if you fail to keep your contact information up to date.

Choice of Law, Jurisdiction and Venue

All Site transactions are deemed made within the State of Minnesota.

The terms and conditions of these TOS and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these TOS and the Privacy Policy was a contract wholly entered into and wholly performed within Minnesota.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these TOS, the Privacy Policy, or related to the Site or Site services provided by Gopher Resource to you shall be brought and maintained exclusively in the state or Federal courts located in Dakota County, Minnesota.  Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Dakota County, Minnesota for the purpose of any such litigation as set forth above.  You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

Arbitration

Except for injunctive relief, all disagreements shall be brought via binding arbitration. Any Party seeking to pursue an action to arbitration shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures.  Such arbitration shall be conducted, unless otherwise agreed by the Parties, by a single arbitrator, who shall be a former judge, in a location that is mutually agreeable to the Parties (or, if no agreement can be reached, Minneapolis, MN). The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees.  If any part of this Agreement is found to be illegal or unenforceable, then that part will be reduced in scope or modified only to the extent necessary to make it, and the remainder of the Agreement, legal and enforceable.

Exclusive Remedy and Damages Cap

You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Gopher Resource related to the Site, these TOS, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by Gopher Resource within the six (6) months prior to when your first claim first arose, or $100, whichever is less.  IN NO EVENT SHALL GOPHER RESOURCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH GOPHER RESOURCE MAY BE RESPONSIBLE.

Time Limitations For Action

Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Gopher Resource must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.

Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TOS OR THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.

Waiver of Class Action

EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOS.

Prior Action Before Formal Claim

You agree that as a material provision of these TOS, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law.  Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOS and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period.  This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.

No Third Party Beneficiaries

Except as otherwise expressly provided herein, nothing in these TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under these TOS without the prior written consent from Gopher Resource.  Any attempt by your creditors or another third party to obtain an interest in your rights under these TOS or the Privacy Policy is voidable at Gopher Resource’s option.

Successors and Assigns

Except as otherwise expressly provided herein, these TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.  No failure or delay by Gopher Resource in exercising any right, power or privilege hereunder shall operate as a waiver.  Similarly, Gopher Resource’s election to not assert its rights under these TOS shall not preclude Gopher Resource from asserting its rights in the future.

Severability of Terms

If any provision of these TOS or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision in these TOS, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If Gopher Resource prevails in any action, suit, or proceeding arising from or based upon these TOS, Gopher Resource shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

Headings

The headings in these TOS are for convenience only.  The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

California Residents Only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.  The additional Privacy Policy Supplement for California Residents can be accessed by clicking here: www.gopherresource.com/privacy-policy/privacy-policy-supplement.

Gopher Resource
ATTN: Website Inquiry
2900 Lone Oak Parkway, Suite 140a
Eagan, MN 55121