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Terms and Conditions

Email Consolidator Service by IBE Group User Agreement

THE FOLLOWING TERMS AND CONDITIONS GOVERN THE SERVICES PROVIDED BY Email Consolidator Service by IBE Group. BY CLICKING THE "Submit" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS DESCRIBED BELOW.
This User Agreement for Email Consolidator Service by IBE Group (hereinafter, the "Agreement") is entered into between Email Consolidator Service by IBE Group, (hereinafter, "Email Consolidator Service by IBE Group," "Email Consolidator Service by IBE Group," "us," or "we") and the person requesting Email Consolidator Service by IBE Group services who presses the "I Accept" button (hereinafter, the "user" or "you").

If you do not accept the terms and conditions in this Agreement, you may not use Email Consolidator Service by IBE Group services. If you have any questions about the terms and conditions in this Agreement, please contact:
e-mail: service@gopherking.com

Email Consolidator Service by IBE Group may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective after posting. Use of the site after such posting shall constitute acceptance of the amended terms.

1. Eligibility: Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors (under 18 years old) or those legally unable to contract. If you do not qualify, please do not use our services. Email Consolidator Service by IBE Group reserves the right to refuse its services (including, but not limited to, listings, chat, and purchasing) to anyone at any time, atin its sole discretion.

2. Fees.
a. Users
Our current fees schedule are available at the Email Consolidator Service by IBE Group web site, and are incorporated into this Agreement by reference. Unless otherwise stated, all fees and prices are quoted in U.S. dollars. We may in our sole discretion add, delete, or change some or all of our services at any time, or suspend or terminate your use and access to all or part of the services, with or without notice, for any reason.

b. Sponsors, Advertisers
Email Consolidator Service by IBE Group reserves the right to charge fees to third parties in exchange for "sponsoring" a portion of the Email Consolidator Service by IBE Group web site, on terms as may be negotiated. Email Consolidator Service by IBE Group reserves the right to charge fees to third parties in exchange for advertising space on a portion of the Email Consolidator Service by IBE Group web site, on terms as may be negotiated.

c. Refunds. No refunds unless specifically granted by Gopher King.

3. Email Consolidator Service by IBE Group's Role.
Independent Transactions
Our site facilitates information between independent parties. We are not responsible for the acts or omissions of information by anyone who uses our services. We have no control over the quality, safety, or legality of the items advertised, the truth or the accuracy of the information.

Email Consolidator Service by IBE Group cannot and does not provide any guarantee or assurance that all information is complete or accurate. Email Consolidator Service by IBE Group (and our assigns, successors, subsidiaries, parent companies, agents, directors, and employees) can not be held responsible for claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Email Consolidator Service by IBE Group service.

Email Consolidator Service by IBE Group neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Email Consolidator Service by IBE Group site by anyone other than authorized Email Consolidator Service by IBE Group employees.

Without limiting any other remedies it may have, Email Consolidator Service by IBE Group may suspend or terminate your account without notice if it has reason to believe that you have engaged in fraudulent activity in connection with our site or have violated any term or condition of this Agreement. Any such manipulation may constitute civil and/or criminal fraud and shall give Email Consolidator Service by IBE Group the right to immediately terminate your account. Email Consolidator Service by IBE Group cooperates with local, state, and federal law enforcement agencies in enforcement actions.

We do not control the information provided by other users that is made available through our system. Information provided by other persons may be offensive, harmful, or inaccurate. In some cases, information provided by other persons may will be misleading, deceptive, inaccurate, or incomplete. Use caution when using our site.

Email Consolidator Service by IBE Group neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Email Consolidator Service by IBE Group site by anyone other than authorized Email Consolidator Service by IBE Group employees.

Without limiting any other remedies it may have, Email Consolidator Service by IBE Group may suspend or terminate your account without notice if it has reason to believe that you have engaged in fraudulent activity in connection with our site or have violated any term or condition of this Agreement.

Email Consolidator Service by IBE Group neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Email Consolidator Service by IBE Group site by anyone other than authorized Email Consolidator Service by IBE Group employees.

4. Your Information. "Your Information" includes any information you provide to us or other users during the registration process, or in any public message area, or through any e-mail feature. With respect to Your Information:

A. You are solely responsible for Your Information and for its truth and accuracy. Email Consolidator Service by IBE Group cooperates with local, state, and federal law enforcement in enforcement actions.

B. Your Information
(a) must not be defamatory, libelous, unlawfully threatening, invasive of personal privacy, or unlawfully harassing;
(b) must not be obscene or contain child pornography;
(c) must not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that cause or which may cause damage, harm, interfere with, or obtain unauthorized access to data or personal information, surreptitiously intercept or expropriate any system, data, or personal information or other computer programming routines; and
(d) must not link to or include descriptions of goods or services that:
(i) are prohibited under this Agreement, or
(ii) you do not have a right to link to or include.
Furthermore, you may not post on our site or sell through our site any item the sale, advertising, or offering of which would cause us to violate any legal duty, obligation, or requirement.

This site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties. Email Consolidator Service by IBE Group is providing these links solely as a convenience. The appearance of a link does not imply Email Consolidator Service by IBE Group's endorsement, nor is Email Consolidator Service by IBE Group responsible for the content of any linked site. You access linked sites at your own risk.

Unfortunately, we cannot ensure the absolute privacy of any personally identifiable user information. For example, Email Consolidator Service by IBE Group reserves the right to reveal your identity (or whatever information we know about you) when required by law or in the good-faith belief that such action is necessary to: conform to the edicts of the law or comply with legal process served on Email Consolidator Service by IBE Group or its Web site; protect and defend the rights or property of Email Consolidator Service by IBE Group, the site, or the users of Email Consolidator Service by IBE Group; act under exigent circumstances to protect the personal safety of users of Email Consolidator Service by IBE Group, its Web site, or the public. In addition, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we make it a practice not to disclose any personally identifiable information to any third party, we do not promise that your personally identifiable information or private communications will remain private. Even the most robust security systems are not foolproof and users should consider this when revealing any personally identifiable information to any party over any form of media.

We do aggregate broad demographic information on our user base, which we disclose to our current and prospective advertisers. In addition, this aggregated data is used internally for promotional purposes. We use the information about the interests of our users to increase the effectiveness of our marketing and promotional efforts and to customize our site's content and layout. We believe these uses allow us to create a personalized product that better satisfies our users' needs. We may also use information about you to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners.

Online conduct should be guided at all times by common sense and basic etiquette. This basic premise applies to all Email Consolidator Service by IBE Group members as well as the Email Consolidator Service by IBE Group staff. Abuse of or by any of our members and/or staff will not be permitted.

5. System Integrity. You may not use any device, software, or routine to interfere or attempt to interfere with the operation of the Email Consolidator Service by IBE Group site or any sale being conducted on our site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Email Consolidator Service by IBE Group is not responsible for - and you release us from liability based on - any system errors. Damage or loss may result from technical difficulties, and you use Email Consolidator Service by IBE Group's services at your own risk. Email Consolidator Service by IBE Group reserves the rights to alter posted closing times or make other changes it deems desirable or necessary in the event technical difficulties interfere with the administration of sales and purchases. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of our site may be impeded or prevented by numerous factors beyond our control.

6. Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current sales, and any other information you place on the site and reserve the right to pursue any other remedies that may be available to us if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.

7. Legal Issues.

A. No Expectation of Privacy. By using our Web site, you are consenting to the collection, storage, and dissemination of data on you. We will post any changes to our policy on this page so you can readily review our most current policy. Email Consolidator Service by IBE Group also reserves the right to e-mail you regarding changes to our policies or any other matters Email Consolidator Service by IBE Group thinks is necessary for the administration of the site.

B. Copyrights. Email Consolidator Service by IBE Group respects intellectual property law and expects our account holders to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. At our discretion, Email Consolidator Service by IBE Group may terminate the accounts of users who infringe upon the copyright, or other intellectual property rights, of others. If you are a copyright holder who believes that Email Consolidator Service by IBE Group's service is hosting infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), our designated agent for notice of alleged copyright infringement appearing on our site is:
e-mail: service@gopherking.com

To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The information that you should provide to us includes the following:
1) an electronic or physical signature of the copyright holder or a person authorized to act on behalf of the copyright holder;
2) a description of the copyrighted work that is claimed to have been infringed;
3) the location on our Web site of the material that you claim is infringing;
4) your address, telephone number, and e-mail address;
5) a statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use); and
6) a statement by you made under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

C. California Legal Notice. Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. Email Consolidator Service by IBE Group, Inc., is the provider of the electronic commercial service on this site. Currently, there are no charges to the consumer imposed by Email Consolidator Service by IBE Group for use of this site, other than the cost of any products purchased on or through the site and any applicable taxes and shipping fees associated with such purchases. These charges appear for each purchase on order confirmation pages relating to each purchase. Email Consolidator Service by IBE Group reserves the right to change its pricing and to begin charging for use of all or any portion of this site. Please feel free to contact Email Consolidator Service by IBE Group to resolve a complaint regarding any aspect of service relating to this site by contacting:
e-mail: service@gopherking.com

Upon your request, you may have these Terms and Conditions sent to you by e-mail.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.

8. No Warranty. We cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

WE AND OUR SUPPLIERS PROVIDE THE Email Consolidator Service by IBE Group WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. GOPHER KING AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR ANY SALES CONDUCTED PURSUANT TO SECTIONS 3(B) AND 4(B) ABOVE. Email Consolidator Service by IBE Group AND ITS SUPPLIERS, AS THEY HAVE NO CONTROL OVER SUCH SALES, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR ANY SALES CONDUCTED PURSUANT TO SECTIONS 3(A) AND 4(A) ABOVE

Some jurisdictions do not allow the disclaimer of warranties, so the foregoing disclaimer may not apply to you.

ALL INDEPENDENT TRANSACTIONS (SEE SECTIONS 3(A) AND 4(A) ABOVE) ARE FOR THIRD-PARTY PRODUCTS AND ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURER OR SELLER, INCLUDING BUT NOT LIMITED TO Y2K COMPLIANCE. ACCORDINGLY, Email Consolidator Service by IBE Group MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD PURSUANT TO AN INDEPENDENT TRANSACTION AS SET FORTH IN SECTIONS 3(A) AND 4(B) ABOVE.

9. Limitation of Liability.
USERS OF Email Consolidator Service by IBE Group' S SERVICES AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY Email Consolidator Service by IBE Group, ITS OWNERS, ITS EMPLOYEES, AND ITS SUPPLIERS AND AGENTS FOR ANY LOSS OR DAMAGE ARISING FROM ANY ACT OR OMISSION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF SUCH SERVICES, WHETHER CONDUCTED AS AN INDEPENDENT TRANSACTION OR A Email Consolidator Service by IBE Group TRANSACTION AS SET FORTH IN SECTIONS 3 AND 4 ABOVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

10. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and your browsing, listing, purchase, and sale of items.

11. No Agency. You and Email Consolidator Service by IBE Group are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

12. Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail and in writing and mailed certified to:
e-mail: service@gopherking.com

(in the case of Email Consolidator Service by IBE Group) or to the e-mail or physical address you provide to Email Consolidator Service by IBE Group during the registration process (in your case), or such other address, as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent unless the sending party is notified that the e-mail address is invalid or 3 days after the certified mailing date.

13. Arbitration. Any dispute or claim arising out of or relating to this Agreement shall be resolved 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 within Alameda County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The prevailing party in any dispute arising out of this agreement shall be entitled to recover their attorney's fees and costs. Either you or Email Consolidator Service by IBE Group may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara County, California, necessary to protect the rights or property of you or Email Consolidator Service by IBE Group pending the completion of arbitration.

14. General. This Agreement shall be governed in all respects by the laws of the State of California without reference to its venue or choice of law provisions. The parties hereby agree to the exclusive jurisdiction of Santa Clara County, California, for any tribunal, whether a court or alternative dispute resolution entity, for any and all disputes arising out of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

15. Intellectual Property of Email Consolidator Service by IBE Group.

A. Copyright. All site design, text, graphics, interfaces, and the selection and arrangements thereof, are the property of Email Consolidator Service by IBE Group or its content suppliers and are protected by U.S. and other international copyright laws. Any unauthorized use of the materials appearing on Email Consolidator Service by IBE Group's site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

B. Trademarks. Email Consolidator Service by IBE Group, the Email Consolidator Service by IBE Group logo, and other similar terms or symbols found on our Web site or written materials are trademarks, trade dress, trade names, or service marks of Email Consolidator Service by IBE Group, Inc. All such trademarks and/or service marks are proprietary to Email Consolidator Service by IBE Group, Inc., and may not be used in connection with any product or service in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or dilutes such marks, without Email Consolidator Service by IBE Group's written permission. All other trademarks are the property of their respective owners.

C. Patents. Certain related features and services are operated by Email Consolidator Service by IBE Group's patent-pending technology and through its patent-pending business, operational, or sales model.





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Patents Pending