Terms of Service
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".
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.
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.
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
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.
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.
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
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.
Termination of Services
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
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.
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.
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