Terms and Conditions
Agreement between User and Gopher, Inc.
We at Gopher, Inc (Gopher) hope you may benefit from our limitless marketplace possibilities. By accessing or otherwise interacting with our services, servers, social media pages, website (“Site”), mobile apps (“Apps”), or any associated content/postings, you agree to these Terms and Conditions (last updated Jan 15th, 2024). You acknowledge and agree Gopher is a private site owned and operated by Gopher, Inc. If you do not agree to our Terms and Conditions, you are not authorized to use Gopher or download the Apps. We may modify our Terms and Conditions at any time, at our sole discretion. We’re committed to email communication anytime there is a change to our Terms and Conditions. If you have unsubscribed to our email communications, you are responsible for periodically checking for changes and are bound by them if you continue to use Gopher. Our privacy policy (Gopher Privacy Policy), prohibited list (Gopher Prohibited List), and all other policies, site rules, and agreements referenced below or on Gopher, are fully incorporated into our Terms and Conditions, and you agree to them as well. We require to you agree to the current version of our terms and conditions, as well as our SMS disclaimer, each time you sign-in to the Apps. For your convenience, you will be notified via your Gopher inbox when there is a change to our terms and conditions.
www.gophergo.io is the website associated with the mobile app(s); Gopher Request and Gopher Go are the names of the 2 apps used. Gopher is a dual platform on-demand community marketplace app that facilitates the delivery of any good and/or service. We’re the perfect companion for anyone who needs help with an errand, chore or task.
Privacy
Your use of Gopher, Inc is subject to Gopher’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Gopher, Inc or sending emails to Gopher constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email on the Apps and on the Site, satisfy any legal requirement that such communications be in writing.
Your Gopher Account
If you use this Site and/or Apps, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or Gopher App, and you agree to accept responsibility for all activities that occur under your account after signing in. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gopher is not responsible for third party access to your account that results from theft or misappropriation of your account. Gopher and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. If you receive a new SMS, you must contact support@gophergo.io and requesting the number change. Do not sign up for a new account with the new number.
Account Registration
You may register only 1 Gopher account via SMS. This account will allow you access to both Gopher Request and Gopher Go. At sign up, we ask for your mobile number. Once submitted, you will receive a one-time passcode (OTP) with a 6-digit number. The information you provide for your Gopher Profile must be accurate and complete, and you must keep it current. Your profile info must include your legal name, your actual date of birth, your permanent address and a recent profile picture. Inaccurate information on your Gopher account or any Gopher request made, may result in removal from Gopher. You are responsible for use of your account, so please do not let anyone else use it. Keep your OTP confidential. If you identify suspicious activity on your account, please notify our Gopher Support Team immediately.
Age Restrictions:
Age of Usage:
Gopher does not knowingly collect, either online or offline, personal information from persons under the age of 16. If you are between the ages of 16 and 18, you may use Gopher only with permission of a parent or legal guardian.
Age-Restricted Deliveries:
Requests involving Age-Restricted products are prohibited to all Users under the age of 21. It may be possible to request the delivery of products that include an age restriction in some locations. You agree to follow all applicable Local, State and Federal laws and specifically agree not to use Gopher, or its services to violate any of these applicable laws. If you request any Age-Restricted product(s), you agree that you are of legal age for purchasing, possessing, and consuming such products (21+ years of age). You agree to provide a valid government-issued identification to the Gopher, upon delivery of any such age-restricted product. Your Gopher will take a pic of the ID before the items are exchanged.
You agree that if Gopher learns that you are not eligible to purchase an age-restricted product, they may immediately cancel your order. Fraudulent orders, which required time, work, purchases, etc, from the worker on the Gopher Go app are not refundable.
Prior to submitting an Age-Restricted request, the user agrees they are in possession of a valid government issued ID and can present said ID to the Gopher during the delivery exchange. If the Requester is not able to provide said ID, the delivery person will log the transaction as “Completed; ID Not Provided” and will not hand over the Age-Restricted items. The Requester will be charged for the entire non-refundable transaction if this happens. Contactless delivery is NOT available for Age-Restricted requests. Asking for contactless delivery with age-restricted will result in the request being cancelled. If a Gopher accepts a request, where contactless delivery is mentioned, the request may be cancelled by Gopher, Inc. There will be no compensation, in any capacity for these requests. Reading and understanding a request is the responsibility of the Gopher prior to accepting the request. Dropping off an age-restricted item, without properly checking and confirming for an ID (in-person) is against the law in all US States.
Attempting to use your account to circumvent age-restrictions for the purchase of age-restricted items may result in a permanent ban from the entire Gopher, Inc platform.
Gopher Request Fees
When submitting a Gopher Request, you agree to a pre-authorization charge for the full amount plus 20% once your request is accepted. This is to ensure the entire amount of the proposed request is available, as well as a cushion in the event there is an agreed upon cost adjustment. If your request is not accepted, you will not see a pre-authorization. The pre-authorization is not an actual charge and is released back to your account in the event your request is cancelled. Once completed, if no cost adjustment is made, a charge will be made for the original amount. Depending on the category of your request, the “Gopher Fee” to make a request range from ($0.99 – $4.99) + 8% of the total transaction, depending on what service is being requested. In some areas, we may charge an “Age-Restricted Fee” for transactions involving age-restricted products. All fees are non-refundable once a request is completed. We may refuse any request that we feel compromises our values and/or falls inside the Gopher Prohibited List.
Fee structure is as follows (all fees are fully disclosed before submitting a request):
Gopher Fee – This fee is used to help Gopher grow and perform continuous improvements to the Gopher Marketplace.
Instant Transfer Fee – This 8% fee helps offset the cost to Stripe and to pay your Gophers instantly, without the delay of having to transfer money from a holding account to their bank account.
Age-Restricted Fee – This fee helps offset the costs of compliance with age-restricted protocols and policies.
Gopher Offering – This amount is whatever you chose and is considered the net amount your Gopher with earn for the task.
Cost of Items – This amount is whatever you chose and allows a Gopher to pay for items in which you were not able pay for in advance.
Gopher, Inc reservices the right to change any of the above fees above at any time. We will continue to share our fee structure before a request is submitted.
Gopher Request “Gopher Offering” Policy
When submitting a Gopher Request, there are 2 options to choose:
1) “Set your own price” requires the user to enter the cost of items needed (if applicable) and the net amount the Gopher will earn for your request, “Payment to your Gopher.”
2) “Allow Gophers to bid on your job” which broadcasts the request to available Gophers, allowing them to submit a bid. In which case the Requestor approves or declines the bids as they come in.
In either case, stating additional funds will be earned outside of the app is a violation of our Terms and Conditions. Gopher, Inc can only fulfill a transaction if the amount is entered in the “Payment Information” section of the Request Details. In the event a request is submitted, stating additional money will be offered via cash or any other form of payment, the Requestor risks being suspended or removed from the platform. This protects both the Requestor and Gopher from any potential disagreements related to the actual money received for completing a request. In the event both parties agree on a different price, after the request has been accepted, this can be done in the app, initiated by the Gopher Go user, with the Cost Adjustment feature. The Requestor can approve or decline the new amount. This feature can only be used before the request is confirmed by the Requestor as completed.
When your request is accepted, the same rule applies to the Gopher with asking for additional funds. Never pay a Gopher additional funds outside the app for any reason. If additional money is needed to cover additional items or the cost entered did not cover the actual cost of the items, that can be adjusted in the app. If your Gopher asks you to complete the order prior to completing, for any reason, do not agree and report this activity asap.
Gopher Go Payout Account
To receive a Gopher Request notification and therefore payout opportunity, you must have an authorized Gopher Profile (this consists of entering your legal name, your actual date of birth, your permanent address and a recent picture on the Gopher Go app). When adding your debit card (we can’t add money to credit cards) the information must match your Gopher Profile info exactly (you will not be able to use someone else’s card.) Lastly, when setting up your payout account, you are creating a Stripe account through their safe and secure portal. Gopher, Inc does not own or store the information entered during your payout set up. (Debit Card Number, Social Security Number “SSN” and a valid ID doc provided). Stripe requires your SSN and a valid form of ID to comply with US banking laws and regulations when transferring funds. If the information entered when creating your Payout Account doesn’t match the information entered when creating your Gopher profile, you will not be able to accept Gopher Requests. Simply put, we just want you to be who you say you are. Once you are authorized, welcome, we’re glad to have you!
The sequence leading up to your payout is very simple and in this sequence.
1) Review the request and determine if you can fully perform the request in full.
2) Agree to the “Gopher Go Cancellation Policy” and accept the request.
3) Text/call the Requestor with the corresponding eta and confirm details.
4) Update the request progress to “In-Progress,” “Items Picked-Up/Items Purchased” and potentially “Cost Adjustment.”
6) Lastly, update the request to “Completed” once finished.
This immediately prompts a notification to be sent to the Requestor, who will select “confirmed” or “dispute.” If the Requestor selects “confirmed” the payout to a new Gopher is Standard Payout speed (between 24 and 48 hours) for the 1st 10 completed requests. After 10 completed requests, the Gopher’s payout status is upgraded to “Instant Payout” and deposits will be in your bank account with-in minutes. If “Dispute” is selected, a dispute alert is sent to the Gopher with instructions of what to do to attempt resolution with the Requestor. If an amicable dispute resolution cannot be made between the Requestor and Gopher, Gopher, Inc will make the final determination using all information provided from both parties, as well as information provided through the app logs.
PLEASE NOTE: it is very important to keep your debit card up to date; an expired card will delay your payout.
Lastly, please DO NOT accept a request that states additional payout will be earned for a request (or any other verbiage of the sort). Gopher, Inc cannot guarantee payments unless they are entered in the Gopher Request App in the “Payment Info” section of a request. The amount shown as offered on the Gopher Go app notification dashboard is always the exclusive total amount guaranteed. Additionally, agreed upon earnings during a request CAN be added via the Cost Adjustment feature, initiated by the Gopher and approved by the Requestor. Once confirmed, they are guaranteed.
Gopher Go Payout Fraud (PLEASE DON’T TRY IT)
In the event we determine a Gopher Go User has maliciously logged “completed” for a Gopher Request, with the intent to fraud, Gopher will file criminal charges without hesitation. We invite all members, of all communities, to use the Gopher platforms, and have all their best interests in mind. We kindly ask all our users to pay the same respects to each other.
When a request has been accepted, asking the Requestor for additional funds for anything other than a cost adjustment due to the cost of items being incorrect is a violation and grounds for immediate account deactivation. Asking the Requestor for funds via any other platform, or in cash, will result in immediate termination of the Gopher’s account.
Purchase Needed Requests
When requests are made where a purchase is needed, the Gopher makes the purchase with their own money initially. This is to allow the items to be purchased at retail cost. You will see a total amount which represents the deposit you’ll receive for completing the request. You will also see Earn $x and Spend $y. The “earn” amount is the profit you’re make and the “spend” amount is the out-of-pocket initial expense. As soon as the request is completed, the “total” amount is what is transferred directly to your bank account. If you do not have the funds to cover the “spend” amount, DO NOT accept the request. Accepting the request and then cancelling stating “don’t have the funds” or “I didn’t know” may result in a cancellation fee and/or account termination as this causes a major inconvenience for our customers who will have to re-request their order, or worse, leave the platform.
Requestors must keep in mind, if a “Purchase Needed – Age-Restricted” request is made and the Gopher is at the destination address ready to verify the ID and deliver the items, the Requestor MUST be present. When the Gopher updates the app, a GPS stamp is made so the location can be verified. As can any communication made during the request. Please do not be unresponsive during a delivery of mandatory in-person deliveries. The Gopher will have already personally invested in the request and their time is to be respected as well. If a Gopher must wait more than 15 minutes for a door answer, a gate to be opened, a code to gain access, etc, they will be allowed to select “Completed without delivery” in the app and will be paid for the entire request amount. This cannot be refunded or disputed so please do not make a “Purchase Needed – Age-Restricted” request if you’re not going to be present.
Counter-Offers
On the Gopher Go App, some requests allow for counter-offers. Counter-offers are capped to 150% of the original offer. We highly encourage Gophers to be fair when making counter-offers. The counter-offer feature is meant to make an otherwise unrealistic/unfair offer to a realistic/fair offer. Abusing the counter-offer feature may lead to the Gopher’s account being deactivated. If your counter-offer is not accepted, do NOT accept the request an use the Cost Adjustment feature to ask for more money. When making a count-offer, if the additional money you’re asking for if related to additional time and/or travel due to not being close to the request, please be transparent in the comments so you Requestor knows why. There will likely be Gophers closer, so it is up to the Requester to decide if increasing their offer is worth it to them.
Cost Adjustments
If a request is made and the cost of items listed is not enough to cover the actual cost, the Gopher can make a cost adjustment to the actual amount. This feature can also allow additional agreed upon items to be purchased and/or additional money to be added to the “payment to your Gopher” section. This will require approval from the Requestor. Once approved the amount will update instantly on both the Requestor’s and Gopher’s app. The Cost Adjustment feature is NOT to be used in lieu of the Counter-Offer feature. Abuse of the cost adjustment feature can lead to removal of the platform.
Cancellation/Refund Policy
In the event there is a delivery or service dispute, Gopher Go Users (“Gophers”) will need to provide a receipt of each item purchased or provide proof a job was completed. In the event the Gopher cannot provide said proof, Gopher, INC will make a final determination (as equitable and fair as possible) as to whether a refund will be issued to the requesting party.
IMPORTANT – When a request is accepted, the Gopher’s progress will be GPS stamped at each update (In-Progress, Items Picked-Up/Purchased (if applicable) and completed). When the request is logged as completed, an SMS notification and Gopher App alert will direct the Requestor to the App to select “confirmed “or “did not complete”. At this point, the Requestor has 48 hours (the “Grace Period”) to confirm or make a dispute. If the Requestor takes no action within the Grace Period, the Request will be considered completed and payment will be made automatically to the Gopher. There are no refunds from automatic payouts. We highly encourage Requestors to confirm orders as soon as they’re completed as a courtesy to the worker. If there is a dispute, Requestor and Gophers are encouraged to work out the solution together before the Gopher marks the job as completed. The app allows for cost adjustments if agreed by both parties before the request is marked as completed by the Requestor or before the end of the Grace Period. Because Gopher, Inc. is not a party to the transaction, Gopher, Inc. is not in a position to offer refunds. In the event a Requestor and Gopher are unable to resolve a dispute, Gopher, Inc. reserves the right to make a final determination based on available information regarding whether the request was completed and will process charges and payouts accordingly.
Gopher Request Cancellation Fee Policy
If a request is accepted, and the Gopher has updated the request to “in-progress,” the requestor may be charged up to $5 for cancelling. If the request requires a purchase and the Gopher has already made the purchase, in addition to the $5 cancellation fee, if the Gopher has updated the request to “items purchased,” the Requestor may be responsible for the items purchased amount.
Gopher Go Cancellation Fee Policy
In the event a Gopher accepts a Gopher Request, confirms they will complete the request and then cancels the request after 5 minutes, they may incur up to a $5 cancellation fee.
In-App Communication Policy
When a request is broadcast, available Gophers will have the ability to message a Requestor if more information is needed. Misuse of this feature to recruit Requestors off the app (i.e.: sharing phone number, email, etc.) for personal gain is prohibited and will result in having your account permanently removed from the Gopher Marketplace. When using this feature, please communicate with courtesy and professionalism. Please “flag” any/all messages with inappropriate content.
Live Request Accessibility and Communication Expectations
While engaging in a live request, both Requestor and Gopher must have acceptable means to communicate and be responsive with-in a reasonable time frame in the event either party needs information relative to the request. This is done in the app inbox. To utilize the Gopher Marketplace, you must have the ability to send/receive SMS messages or make/answer calls. Gopher, Inc reserves the right to cancel any request where one party is unresponsive for a prolonged period of time. (Greater than 1 hour for a delivery is on the fringe of reasonable.) Gopher, Inc can deactivate any account for any reason at its sole discretion.
AGE-RESTRICTED DELIVERY PROTOCOL NOTE: For Age-Restricted deliveries, in the event a Gopher is at the drop off location with the items and the Requestor is non-responsive, the Requestor may be charged for the entire order. The Gopher will initiate a timer for 10 minutes after arriving at the drop off location. If after 10 minutes the Requestor is still unresponsive and/or unable to provide their ID, the Gopher may enter ID and Identity Not Confirmed in the app and will receive the full amount offered by the Requestor. There are no refunds available when this occurs. You are hiring a Gopher via the Gopher marketplace who may incur costs for the items purchased. The last thing we’ll allow on the platform is allow workers to lose money for working hard.
If a delivery/errand request is accepted by a Gopher and the Gopher has stopped communicating with the customer and/or the app is showing no route progress on the Requestors route map, the request may be cancelled by Gopher, Inc. There is no compensation for this, as the Requestor who is paying you will be refunded. In short, be accessible during a request, especially the Gopher who was hired by the Requestor.
Select My Gopher Feature
When a Requestor chooses the “Select My Gopher” option, the request is initially broadcast the same way as the “First Available” option. When a Gopher accepts the request, the Requestor is sent a notification and can view the Gophers prior performance, ratings and reviews. When the Requestor selects their Gopher, that Gopher is notified and the two are linked in the app to communicate accordingly. Any other Gophers who selected the request are notified the request is no longer available.
Favorite Gopher Feature
When a Requestor chooses the “Notify one of my Favorite Gophers” option, the request is first broadcast to Gophers on the Requestor’s “Favorite Gophers” list as a “First Available” request for 1 minute (the “Exclusive Period”). If the request is not accepted by one of the Requestor’s Favorite Gophers during the Exclusive Period, the request will be broadcast to all other Gophers as a Select My Gopher request. If one of the Requestor’s Favorite Gophers accepts the request either during or after the Exclusive Period, the request will no longer be available to any other Gophers. If a Gopher not on the Requestor’s Favorite Gophers list accepts the request, the Requestor will have the option to accept or decline the non-Favorite Gopher for that request.
Gopher’s Safe, Secure and Trustworthy Marketplace Initiative
Gopher, Inc is committed to providing users and workers alike a platform they feel confident in using. That’s why we’ve implemented the Gopher Pro+ and Gopher Pro Background Check and Gopher TrustShield ID Verification as part of our marketplace. Users who participate in these initiatives not only help other users on the app with an added layer of trust, they also benefit with increased chances of requests accepted (TrustShield) and more jobs (Gopher Pro+ & Gopher Pro)
Gopher Pro+ & Gopher Pro (Background Screening with Yardstik)
Gopher has teamed up with Yardstik to provide a background check screening, that once cleared, will allow the Gophers to receive a unique profile badge. This is a one-time, fee-based opportunity to showcase the applicant has cleared a National Criminal search, National Sex Offender search, Office of Foreign Asset Control and Most Wanted List search and Address and Social Security Trace to become a Gopher Pro. The Gopher Pro+ badge includes all the same screenings as Gopher Pro as well as an MVS (Motor Vehicle Search). In the event the screening comes back with a disqualifying incident, you’ll receive notice that your background check has records that may affect your Gopher status. You will receive a copy of the report and will have a chance to dispute the results with Yardstik. Depending on the nature of the offense, you may be ineligible to continue on the Gopher Go App and therefore will be contacted by a Gopher, Inc administrator. This one-time fee is non-refundable so please ensure your area is active before participating in the Gopher Pro+/Pro program. Gopher reserves the right to remove Users from the platform in the event background check results fall outside of our Safety Compliance Policy. You must be at least 16 years old to apply for the Gopher Pro+/Pro badge.
Gopher TrustShield (ID Verification with iDenfy)
Gopher has teamed up with iDenfy to offer an ID Verification for Gopher Request users. Once verified, users are rewarded with a TrustShield badge that will be showcased on their profile when submitting requests. We encourage all of our Gopher Request users to take advantage of this voluntary program at no cost to the Requestor. A valid US Gov’t ID is required to participate in Gopher TrustShield.
Ratings and Removal from Platform
After a request is completed, both Requestor and Gopher can rate the transaction, along with adding comments. Gopher, Inc. reserves the right to remove any user from the platform when we feel it is in the best interest of all our users.
Disabled Accounts
In the event Gopher, Inc disables your account for a policy violation, an email will be sent to you with an explanation. You may submit a request for reinstatement by sending an email to support@gophergo.io. Gopher reserves the right to deactivate any user account at its sole discretion.
Suspended Access
In the event Gopher, Inc suspends sign-up access due to suspicious activity, an email will be sent to you with an explanation. You can email support@gophergo.io if further clarification is needed.
Safety Compliance Commitment
Gopher, Inc. strives to maintain an open platform with a low barrier of entry while also committing to a safe and friendly platform for all users. Gopher, Inc. reserves the right to deactivate any account that Gopher, Inc. determines may pose a safety risk on the Apps.
Dispute Resolution
We encourage Requestors and Gophers to use the App to document all pertinent information regarding a request and its completion. In the event of a dispute, we encourage Requestors and Gophers to communicate directly to resolve the dispute. The app allows for any adjustment to be made and executed with agreement from both parties. If the parties are unable to resolve a dispute, either party may submit a dispute resolution request to Gopher, Inc. Gopher, Inc. may review available information, including transaction logs, documentation provided by the Requestor and Gopher, user history, and any other information that Gopher, Inc. in its sole discretion determines to be relevant. Any dispute resolution determinations made by Gopher, Inc. are final.
Links to Third Party Sites/Third Party Services
Gopher, Inc may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gopher and Gopher is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gopher is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gopher of the site or any association with its operators.
Certain services made available via Gopher, Inc are delivered by third party sites and organizations. By using any product, service or functionality originating from the Gopher, Inc domain, you hereby acknowledge and consent that Gopher may share such information and data with any third party with whom Gopher has a contractual relationship to provide the requested product, service or functionality on behalf of Gopher, Inc users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Gopher, Inc strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Gopher that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gopher or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gopher content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Gopher and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gopher or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Gopher, Inc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gopher Content accessed through Gopher, Inc in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Gopher, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gopher, Inc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gopher, Inc in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a North Carolina location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gopher agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Assumption of Risk & Release of Liability
To the full extent permitted by law, Gopher, Inc and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“Gopher Entities”) (1) make no promises, warranties, or representations as to Gopher, Inc, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Gopher, Inc on an “AS IS” and “AS AVAILABLE” basis and any risk of using the Gopher Apps is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Gopher, Inc. Gopher, Inc is NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Gopher, Inc, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
Gopher does not employ its app users for any services. Our app users can find work and/or perform work at their own discretion. Gopher, Inc is not liable for the agreed-upon work performed by any user on the app. Proof of any certification, license, bonding, insurance, or any other form of valid legal credentials needed for a job, must be shown to the requesting party prior to the work being started. Gopher is strictly here to provide visibility to various services and to provide an agreed-upon payment transfer between both parties for a fee. Prior to performing a request, certain request types will require an acknowledgment of having read our liability waiver.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND APPS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GOPHER, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GOPHER, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOPHER, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOPHER, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GOPHER, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Gopher reserves the right, in its sole discretion, to terminate your access to the Site, Apps, the related services and/or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gopher because of this agreement or use of the Site. Gopher’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gopher’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gopher with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gopher with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gopher with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Gopher reserves the right, in its sole discretion, to change the Terms under which Gopher, Inc is offered. The most current version of the Terms will supersede all previous versions. Gopher encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Gopher welcomes your questions or comments regarding these Terms:
Gopher, Inc, PO Box 595, Holly Springs, North Carolina 27540-0595
Email Address: support@gophergo.io
