New Garden Legal

New Garden Legal

Find legal information and resources related to New Garden products and services.

Terms of Service

New Garden Co., Ltd. (“New Garden”) provide access to the New Garden website, New Garden devices, services, apps that facilitate their use and any related services (“Services”), subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein by reference. Please read this term of use carefully before entering the site, and refer to these terms as necessary to use the Services. By visiting the New Garden website and/or using the Services, you agree to these Terms of Use.  If you disagree with any provision contained herein, and/or do not wish to accept these conditions, do not visit the New Garden web site or use the Services. 

New Garden is sometimes referred to herein as "we", "us", "our", or "New Garden" and the user is sometimes referred to as "you", "your", "user" or "customer".

Although New Garden attempts to provide accurate information on the New Garden website, New Garden assumes no responsibility for the accuracy of the information. New Garden may change the Services mentioned at any time without notice. Any change will be posted on the New Garden website. Your continued use of the Service after this Terms of Use has changed in is your acknowledgment and acceptance of the changed terms. As long as you comply with these Terms of Use, New Garden grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content; Intellectual Property Right

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the site and Services are the intellectual property of New Garden, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property laws, and international treaty provisions.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, publicly performed by means of a digital audio or video transmission, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without New Garden express prior written consent.

Any software that you download is governed by the license terms accompanying the software or as otherwise specified.

You may use information on New Garden products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by New Garden for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

Unless otherwise specified, the Services are for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

You may use the Services only for lawful, proper and appropriate purposes. You may not use our Services in any way that is illegal, improper or inappropriate.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. New Garden reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any New Garden server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of New Garden, including any New Garden account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or New Garden's systems or networks, or any systems or networks connected to the Site or to New Garden.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to New Garden on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You agree that New Garden may remove or block all communications if we suspect a violation of this Terms of Use, or if we think it necessary in order to protect our Services, or New Garden, its parent, affiliates, directors, officers, agents, and employees from harm.

We may disclose your personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), and all other account information, as follows: (i) in response to law enforcement or other governmental agency requests; (ii) as required by law, regulation, rule, subpoena, search warrant, or court order; (iii) as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both; (iv) to protect New Garden's rights and property; or (v) in emergency situations where disclosure of such information is necessary to protect New Garden customers or third parties from imminent harm. 

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. New Garden's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

New Garden may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and New Garden makes no commitment to update the materials on the Site with respect to such products and services. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to registering a New Garden account (including setting up an New Garden ID and password) to use the Services. You need to provide some required personal information and proceed with related verifications, as may be required by the communication regulations and statutes of different countries. You agree to: (a) provide true, accurate, current, and complete information about yourself. (b) complete additional verification of your personal information as may be required. (c) maintain and promptly update your registration data to keep it true, accurate, current, and complete. New Garden reserves the right to contact you directly to provide assistance should you encounter problems using the Services. Accurate information is very important for us to resolve your problems and improve our service. You are responsible for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to believe is, untrue, inaccurate, misleading, not current, or incomplete, we may suspend or terminate your account and/or the Services, or any portion thereof.

If any Services require a login email or password, then you are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to (i) notify New Garden immediately of any unauthorized use of your account or password, or any other breach of security, and (b) ensure that you exit from your account at the end of each session of online services. New Garden reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your account and our Services, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You may be held liable for losses incurred by New Garden or any other user of or visitor to the Services due to someone else using your New Garden ID, password or account as a result of your failing to keep your account information secure and confidential. New Garden will not be liable for any loss or damage arising from your failure to comply with this section.

You may not use anyone else’s New Garden ID, password or account at any time without the express permission and consent of the holder of that New Garden ID, password or account. New Garden cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Confidentiality

The Services contain proprietary and confidential information of New Garden and its third party partners, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information. You agree to keep this information confidential and to use the information solely for the purpose of using the Services in accordance with this Terms of Use. You will not alter, decompile, disassemble, reverse engineer, or modify any New Garden confidential and proprietary information that you receive. 

Privacy

“New Garden’s Privacy Policy” describes how we collects and uses your personal information. New Garden's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. We encourage you to carefully review the Policy before providing any personal information on the New Garden website. To view New Garden's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the New Garden Site

This Site may contain links to other independent third-party Web sites that we think may be relevant and interesting to our users (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under New Garden's control, and New Garden is not responsible for the content on the Linked Sites, and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Linked Sites may provide you with opportunities to purchase products. We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

New Garden DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. To THE MAXIMUM EXTENT PROVIDED BY LAW, The INFORMATION ON THE NEW GARDEN WEBSITE, AS WELL AS THE SERVICES,  ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” BASIS for YOUR use without WARRANTIES or conditions of any kind. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NEW GARDEN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NEW GARDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE or any warranty arising by usage of trade, course of dealing or course of performance. NEW GARDEN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY NEW GARDEN SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NEW GARDEN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. In addition, we do not warrant that the New Garden website, Services will be without any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. New Garden reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Due to the continual development of new techniques for intruding upon and attacking networks, as well as capturing ingoing and outgoing data, New Garden does not warrant that the services, or any equipment, system or network on which the services are used will be free of vulnerability to intrusion, attack or capturing of data. THE SERVICES MAY INCLUDE OR BE BUNDLED WITH A THIRD PARTY PRODUCT, SOFTWARE OR SERVICE OFFERING. WE DO NOT PROVIDE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE FOR SUCH THIRD PARTY PRODUCT, SOFTWARE OR SERVICE OFFERING. WE DO NOT GUARANTEE ANY CONTINUED AVAILABILITY OF A THIRD PARTY’S SERVICE FOR WHICH THIS SERVICE’S USE OR OPERATION MAY REQUIRE. You hereby acknowledge some New Garden Services are not encrypted and that information may be intercepted during transmission, you hereby agree to assume any and all risk associated with the unauthorized access to your information during transmission of such information.  Neither New Garden nor its officers, directors, employees, affiliates, suppliers or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, your data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of New Garden's or its service providers' or vendors' negligence. 

ANY INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.  IT IS YOUR RESPONSIBILITY TO BACK UP YOUR SYSTEM INCLUDING, WITHOUT LIMITATION, ANY DATA THAT YOU MAY USE OR POSSESS IN CONNECTION WITH THE SERVICES. 

Limitation of Liability

In no event shall New Garden, its officers, directors, affiliates, employees, licensors or network service providers be liable for any damages whatsoever, including any direct, indirect, incidental, special, consequential or exemplary damages, claims, or costs, such as but not limited to loss of goodwill, profit or data or business interruption, arising out of or related to this Terms of Use and/or the transactions contemplated hereunder, including the use of or inability to use the New Garden website and Services, and unauthorized access to or alteration of your transmissions or data, even if, even if New Garden has been advised of the possibility of such damages.

In no event shall New Garden's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) arising in connection with this Terms of Use exceed the amount of $100 USD

Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the limitations set forth in this section may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction. These limitations apply to the maximum extent permitted by law.

 

Indemnity

You agree to indemnify and hold harmless New Garden, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries,  affiliates, licensors, and any other service provider who furnishes services to you for our Services, from and against any and all demands, loss, liability, claims, fines, penalties, costs or expenses (including, without limitation, attorneys’ fees): (a) made by any third party due to or arising out of your breach of this Terms of Use, or your violation of any law or the rights of a third party, and (b) incurred by, or on behalf of, you or any third party or user of our Services, relating to our Services, including, without limitation, emergency dialing, or your device, or use of our Services by you or others using your account (whether or not such usage is expressly authorized by you).  New Garden shall not be responsible for any infringement related to or resulting from, either directly or indirectly, use of the New Garden web site, the Services, or otherwise. 

Termination of Services

You agree that New Garden may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to New Garden, for which monetary damages would be inadequate, and you consent to New Garden obtaining any injunctive or equitable relief that New Garden deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies New Garden may have at law or in equity. You agree that New Garden may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If New Garden does take any legal action against you as a result of your violation of these Terms of Use, New Garden will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to New Garden. You agree that New Garden will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Force Majeure.

New Garden shall not be liable for any failure or delay in the performance of its obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond its reasonable control.  Furthermore, New Garden shall not be liable for the following service outages should they, or any of them, cause the loss of services: (a) Power failure or disruption. If there is an interruption in the power supply, Services will not function until power is restored. (b) Internet outage or suspension or termination of your broadband service or ISP Service. (c) Your ISP or broadband provider's blocking of ports or other acts. (d) Maintenance by your ISP, broadband provider or New Garden. 

Governing Law; Dispute Resolution

You agree that claims related to or arising under this Terms of Use shall be governed by the laws of the Taiwan, Republic of China, without regard to its conflicts of laws provisions. Please note that your use of the New Garden web site, services may be subject to other local, state, national, and international laws. Unless waived by New Garden, You hereby agree to submit to exclusive jurisdiction of Taiwan Shi-Lin District Court for any claim or dispute arising out of or related to this Terms of Use, including claims related to the New Garden web site, services, and you further agree and expressly consent to the exercise of personal jurisdiction in Taiwan Shi-Lin District Court in connection with any such dispute, including any claim involving New Garden or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Void Where Prohibited

New Garden does not guarantee the availability of any Services in a particular country or region and specifically reserves the right to offer or withdraw any Service at anytime.

New Garden administers and operates the www.ultroninsights.com Site from its location in Taiwan, Republic of China; other New Garden sites may be administered and operated from various locations outside the Taiwan, Republic of China. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Taiwan, Republic of China. New Garden reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the Taiwan, Republic of China, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Taiwan, Republic of China export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and New Garden with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and New Garden with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with New Garden, New Garden will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. New Garden's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by New Garden of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between New Garden and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

New Garden provides access to New Garden international data and, therefore, may contain references or cross references to New Garden products, programs and services that are not announced in your country. Such reference does not imply that New Garden in your country intends to announce such products, programs or services.

Feedback and Information

New Garden welcomes your comments and feedback regarding our products, Services, and website. With respect to all information and materials transmitted or posted to this website, including but not limited to comments, feedback, ideas, questions, designs, suggestions, data, and graphics ("Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) New Garden is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) New Garden shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) New Garden may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of New Garden without any obligation of New Garden to you; and (f) you are not entitled to any compensation or reimbursement of any kind from New Garden under any circumstances. 

Your Representations and Warranties

You represent and warrant that you possess the legal rights and ability to enter into this Terms of Use and to comply with its terms. You will use the New Garden website, Services for lawful purposes only in accordance with this Terms of Use and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the New Garden website, Services. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the website if we think that they are creating issues or possible legal liabilities, or are acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. 

Contact

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the New Garden website, please contact us at info@newgarden.cc.