Geeks Galore Computer Center Hosting Agreement
102417 HWY 7, Marmora, ON – 613-472-0005
Geeks Galore General Disclaimer ™ September 21st, 1997.
All hosting packages are subject to full payment of package agreements, verbal or signed, (by posting of the said website is agreement in full by the client that standard business practice conditions of this posted hosting agreement applies through Sibername). Geeks Galore is a reseller for Sibername. All hosting of websites are done through Sibername.
All webpage content developed by Geeks Galore Computer Center remains the property of the said proprietors and may not be replicated or reproduced in any manner.
Payment for all domain packages must be made in full unless special arrangements are made prior, and honored. Any discrepancy in the agreement will favor Geeks Galore Computer Center inclusively; this includes all domain names, hosting agreements and any other web or Network related issues.
All domains posted remain the property of Geeks Galore Computer Center and by no means are we required to provide any or all backups. This remains the responsibility of the domain owner, and then they are governed by the original content creator.
Geeks Galore Computer Center cannot and will not be responsible for any web attack, hacker attack, virus or destruction of data, or any other act of god inclusively.
All domains registered through Geeks Galore Computer Center are subject to all incurred costs for their domain and in now way can any client hold responsible Geeks Galore Computer Center or any affiliates, for anything resulting in the default of their domain.
Updated September 23rd, 1997. ® Geeks Galore Computer Center
Effective Jan, 1st 2007
Welcome to Geeks Galore website, a service of Geeks Galore/Marmora Business Center, together
with its subsidiaries, affiliates, agents and licensor's (collectively "Geeks Galore Computer
Center"). The following terms apply to your use of and access to any Geeks Galore owned or
operated website ("Website"), as well as any electronic transmission sent, received, posted,
accessed, or stored via any Geeks Galore ("Network"), including without limitation its
wireless web, data, and messaging services; Internet services; and internal email network
for communicating with Geeks Galore employees. Certain products or services offered through
our Website may have additional terms and conditions, which govern in the event of any
inconsistency with the terms below.
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and Geeks Galore, these terms explain the
policies that govern your access to and use of our Website and Network, including the
actions that we may take, within our sole discretion, for any use that we deem unacceptable.
By accessing or using our Website or Network, you agree to these terms (collectively the
"Policy and Agreement"), as Geeks Galore may modify it from time to time. If you do not
agree to accept and comply with the Policy and Agreement, do not access or use our Website
or Network.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over
which Geeks Galore has no control. These links are provided for convenience only. Use of
these links will cause you to leave this Site and use of third-party websites is entirely at
your own risk. Geeks Galore makes no representation or warranty concerning any other site or
the information, products or services offered or appearing on or through these sites. Geeks
Galore does not sponsor or endorse the operators of the sites or the content, products or
services they provide, and Geeks Galore is not responsible or liable for the conduct of the
sites' operators, the content, availability, accuracy, quality, advertising, products,
services or other materials offered at the sites.
ILLEGAL OR HARMFUL USE
You may access and use our Website and Network only for lawful purposes. You are responsible
for any transmission you send, receive, post, access, or store via our Network, including
the content of any communication. Transmitting, distributing, or storing any material that
violates any applicable law is prohibited. Additionally, the following non-exhaustive list
details the kinds of illegal or harmful conduct that are prohibited:
Infringement: Infringement of intellectual property rights or other proprietary rights
including, without limitation, material protected by copyright, trademark, patent, trade
secret or other intellectual property right. Infringement may result from the unauthorized
copying, distribution and/or posting of pictures, logos, software, articles, musical works,
and videos.
Offensive Materials: Disseminating or posting material that is unlawful, libelous,
defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or
publicity rights, abusive, inflammatory or otherwise objectionable.
Export Violations: Including, without limitation, violations of the Export Administration
Act and the Export Administration Regulations administered by the Department of Commerce.
Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or
promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or
policies that apply to any third-party network, server, computer database, or website that
you access.
Harmful Content: Disseminating or posting harmful content including, without limitation,
viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer
programming routines that may damage, interfere with, secretly intercept or seize any
system, program, data or personal information.
ELECTRONIC COMMUNICATIONS
You may not distribute, publish, or send through our Network: (1) unsolicited
advertisements, solicitations, commercial e-mail messages or promotional messages of any
kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3)
chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty
messages; (6) messages which contain no substantive content; or (7) very large messages or
files that disrupt a server, account, newsgroup, or chat service.
Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other
identifiers of others (without Geeks Galore's prior written consent), a practice sometimes
known as spidering or harvesting; (2) participate in using software (including "spyware")
designed to facilitate such activity; (3) collect responses from unsolicited messages; or
(4) use any of our mail servers or another site's mail server to relay mail without the
express permission of the account holder or the site.
NETWORK SECURITY AND INTEGRITY
You may not violate the security of our Website or Network in any way. Such violations may
result in criminal or civil liability. Geeks Galore may, but is not obligated to,
investigate any violation of our Network. Geeks Galore may cooperate with law enforcement
where criminal or unauthorized activity is suspected. By using Geeks Galore products
services or sending, receiving, posting, accessing, or storing any electronic transmission
via our Network, you agree to cooperate, as well, in any such investigation. Examples of
Network security violations include, without limitation:
Hacking: Unauthorized access to or use of data, systems or networks, including any attempt
to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without the express prior authorization of the owner of the system
or network.
Interception: Unauthorized monitoring of data or traffic on any network or system without
the express prior authorization of the owner of the system or network.
Intentional Interference: Interference with service to any user, host or network including,
without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding
techniques, deliberate attempts to overload a system, and broadcast attacks.
Falsification of Origin or Routing Information: Using, selling, or distributing in
conjunction with the Services, any computer program designed to conceal the source or
routing information of electronic mail messages in a manner that falsifies an Internet
domain, header information, date or time stamp, originating e-mail address, or other
identifier.
Avoiding System Restrictions: Using manual or electronic means to avoid any limitations
established by Geeks Galore or attempting to gain unauthorized access to, alter, or destroy
any information that relates to any Geeks Galore customer or other end-user. Geeks Galore
may, but is not obligated to, take any action it deems necessary to protect its Website and
Network, its rights or the rights of its customers or third parties, or (2) optimize or
improve its Website, Network, services, systems, and equipment. You acknowledge that such
action may include, without limitation, employing methods, technologies, or procedures to
filter or block messages sent through the Website or Network. Geeks Galore may, in its sole
discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential
harms without regard to any preference you may have communicated to us.
INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
All users of the Services must adhere to the terms of this Policy and Agreement. We have the
right, but are not obligated, to strictly enforce this Policy and Agreement through
self-help, active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional information)
related to your access and use of our Website or Network for any lawful reason, including
but not limited to: (1) responding to emergencies;' (2) complying with the law (e.g., a
lawful subpoena); (3) protecting our rights or property and those of our customers; or (4)
protecting users of those services and other carriers from fraudulent, abusive, or unlawful
use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND
AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY,
CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY,
CUSTOMER OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A
Geeks Galore WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU
THROUGH A Geeks Galore NETWORK OR WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS
AVAILABLE." Geeks Galore, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS
SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. Geeks Galore DOES NOT GUARANTEE THAT ITS
NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL Geeks Galore, ITS
AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT
ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL,
DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF Geeks Galore, ITS
AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY
CONNECTED TO ANY Geeks Galore NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME
Provinces DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR
IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY
OF Geeks Galore, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH Provincial LAW.
GOVERNING LAW
This Policy and Agreement is governed by and must be construed under the laws of Ontario,
Canada. The federal and provincial courts of Ontario Canada, have exclusive jurisdiction
over and venue of any suit that relates to this Policy and Agreement.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Geeks Galore from and against all claims,
liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that
arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any
rights of a third party by you; (3) any violation of applicable law; (4) information or
content that you submit, post, transmit or make available through our Website or Network; or
your use of our Website or Network.
MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement at any time, effective upon its
posting, as modified, on www.store.isa-geek.com/disclaimer.html. You agree to the Policy and Agreement by
accessing or using our Website, products or services, or by sending any electronic
transmission through our Network.
PRIVACY POLICY
Geeks Galore Communications respects the privacy of visitors to our site. Please take a few
minutes to review our Privacy Policy.
MISCELLANEOUS
Any failure to insist upon or enforce performance of any provision in this Policy and
Agreement will not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice will act to modify any provision in this
Policy and Agreement. Geeks Galore may assign its rights and duties under these terms to any
party at any time without notice to you. If any provision of this Agreement is deemed
unlawful, void, or for any reason unenforceable, then that provision will be deemed
severable from these terms and conditions so that it does not affect the validity and
enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, or to bring to our
attention any material you believe to be inaccurate. Please send such comments, including a
copy of any material you wish to discuss, to Customer Care at support@geeksgalore.ca
We hope you enjoy using our Services and we welcome suggestions for improvements.
Geeks
Galore Computer Center
WEBSITE USE AGREEMENT
Effective
April 15th, 2003
Updated February 3rd, 2007
Please read this
agreement carefully. It governs your use of our website and the
services and goods provided through the website (collectively the
"website"). It exempts Geeks Galore Computer Center and
other persons from liability or limits their liability and contains
other important provisions that you should read. Each time you use
the website you acknowledge and signify that you have read,
understood, and agreed to be bound by this agreement. If you do not
agree with each provision of this agreement each time you use the
website, you may not use the website.
Each time you use the
website, the text of this agreement as it then reads will govern your
use. Accordingly, when you use the website you should check the date
of this agreement and review any changes since the last version.
This
Agreement contains the following provisions
1. Your
Acceptance of this Agreement
2. Changes to this Agreement
3.
Permitted Users and Access
4. Misprints and Errors, Product
Availability, Prices, and Orders
5. No Advice or Solicitation
6.
Disclaimer, Liability Exclusion, Liability Limitation, Release and
Indemnity
7. Login Names and Passwords
8. Termination of this
Agreement and the website
9. Information Submissions
10.
Ownership and Permitted Use of the website
11. Personal
Information Privacy
12. Trade-mark Information
13. Other
Sites
14. Linking and Framing the website
15. Postings and
Unsolicited Submissions
16. Transaction Agreements
17. Software
Agreements
18. Contests
19. Governing Law and Dispute
Resolution
20. Other Matters
1. YOUR
ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you
and Geeks Galore Computer Center ("Geeks Galore Computer
Center "), and governs your use of the website and its
content and the services and goods provided through the website
(collectively the "website"). Each time you use the website
you signify your acceptance and agreement, and the acceptance and
agreement of any person you purport to represent (and for purposes of
this Agreement, "person" includes any type of incorporated
or unincorporated entity), without limitation or qualification, to be
bound by this Agreement, and you represent and warrant that you have
the legal authority to agree to and accept this Agreement on behalf
of yourself and any person you purport to represent. If you do not
agree with each provision of this Agreement, or you are not
authorized to agree to and accept this Agreement, or you do not have
the legal authority to agree to and accept this Agreement, you may
not use the website.
2. CHANGES TO
THIS AGREEMENT
You may not change, supplement, or amend this
Agreement in any manner. Geeks Galore Computer Center may, in
its sole discretion, change, supplement or amend this Agreement as it
relates to your future use of the website from time to time, for any
reason, and without any notice or liability to you or any other
person, by posting a revised Agreement on the website.
3. PERMITTED
USERS AND ACCESS
The website may be used only by persons
resident in Canada who have reached the age of majority or legal age
in their jurisdictions and who can form legally binding contracts
under applicable law. The website may not be used by persons in
jurisdictions where access to or use of the website or any part of it
may be illegal or prohibited. It is solely your responsibility to
determine whether your use of the website is lawful, and you must
comply with all applicable laws.
4. MISPRINTS
AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS
Geeks
Galore Computer Center endeavors to provide current and accurate
information on the website. Nevertheless, misprints or other errors
may occur. Accordingly, and/or reserves the right to change the
prices, fees and charges regarding the goods and services available
through the website at any time and from time to time without any
notice or liability to you or any other person. Also, and/or cannot
guarantee that goods or services advertised on the website will be
available when ordered or thereafter. Geeks Galore Computer Center
also reserves the right at any time to reject, correct, cancel or
terminate any order. If you order goods or services for which the
price was incorrectly displayed, Geeks Galore Computer Center will
provide you with an opportunity to cancel your order. If you order
goods or services that are not available, Geeks Galore Computer
Center will notify you by email. Geeks Galore Computer Center
reserves the right to limit quantities licensed and/or sold.
The
advertisements on the website are invitations for purchase orders,
and are not offers to sell. Your properly completed and delivered
order form constitutes your offer to purchase the goods or services
referenced in your order. Your order shall be deemed to be accepted
only if and when Geeks Galore Computer Center sends an order
acceptance email to your email address. If you wish to cancel an
order, you may request a cancellation by sending an email to
support@geeksgalore.ca. However, Geeks Galore Computer Center may
not receive and process your cancellation request before it accepts
and processes your order, in which case your cancellation request may
not be effective.
5. NO ADVICE
OR SOLICITATION
THE WEBSITE IS FOR CONVENIENCE AND
INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A
COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED;
ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR
SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS
BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED
ON OR THOUGH THE WEBSITE.
DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND
INDEMNITY
Geeks Galore Computer Center strives to make
your use of the website a useful and enjoyable experience, and a
safe and easy way to purchase goods over the Internet. Nevertheless,
Geeks Galore Computer Center and its service providers (the
"Providers") do not accept any liability for your use of
the website. For that reason, the following provisions apply to your
use of the website:
DISCLAIMER
YOUR
USE OF THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY Geeks Galore Computer Center AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT Geeks Galore Computer Center OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE.
THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND Geeks Galore Computer Center 's CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
Geeks Galore Computer Center IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEBSITE.
THROUGH YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. Geeks Galore Computer Center IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Geeks Galore Computer Center AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE;
THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
THE USE OF
THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL
PROPERTY RIGHTS) OF ANY PERSON;
AND Geeks Galore Computer Center AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
Geeks Galore Computer Center AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Geeks Galore Computer Center OR ANY PROVIDER OR ANY PERSON FOR WHOM Geeks Galore Computer Center OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT Geeks Galore Computer Center OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL Geeks Galore Computer Center OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Geeks Galore Computer Center OR ANY PERSON FOR WHOM Geeks Galore Computer Center IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO Geeks Galore Computer Center FOR THE USE OF THE WEBSITE, WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF and/or and/or Geeks Galore Computer Center AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF AND/OR AND Geeks Galore Computer Center AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE website OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY and/or and/or Geeks Galore Computer Center OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
7. LOGIN NAMES AND PASSWORDS
Website accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Geeks Galore Computer Center and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Geeks Galore Computer Center representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.
You must immediately notify Geeks Galore Computer Center of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of Geeks Galore Computer Center , and may be canceled or suspended at any time by Geeks Galore Computer Center without any notice or liability to you or any other person. Geeks Galore Computer Center is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from Geeks Galore Computer Center , including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the website.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
8. TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If you breach any provision of this Agreement, you may no longer use the website.
Geeks Galore Computer Center may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
Geeks Galore Computer Center may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the website and your user password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the website is terminated by you or Geeks Galore Computer Center for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and your purchases of goods and services through the website and anything connected with, relating to or arising from those matters.
9. INFORMATION SUBMISSIONS
All information you provide through the website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Geeks Galore Computer Center with updated registration information and payment information within 30 days of any changes.
Geeks Galore Computer Center will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Geeks Galore Computer Center or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Geeks Galore Computer Center may require a copy of a government-issued form of identification before making any changes to your registration information.
10. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the website are the property of Geeks Galore Computer Center , its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content. You may only use the website in the manner described specifically in this Agreement.
The website may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, cataloged, or distributed in any way, in whole or in part, without the express prior written consent of Geeks Galore Computer Center. You may not use any of the software that is used in the operation of the website except while you are using the website. You may not reproduce, copy, duplicate, sell, or resell any part of the website (including the software used in the operation of the website) or access to the website.
The website is made available to you for your lawful use only. You may access and browse the website using commercially available, SSL-capable Web browser software. You may print or download the pages of the website for your personal use provided that you do not modify any of the website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
11. PERSONAL INFORMATION PRIVACY
Geeks Galore Computer Center collects, uses, and discloses your personal information in accordance with the Privacy Policy, which is available here . Geeks Galore Computer Center may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the website, you consent to Geeks Galore Computer Center 's collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person.
12. TRADE-MARK INFORMATION
Geeks Galore Computer Center , the logo, are registered and unregistered trade-marks and trade names owned by Geeks Galore Computer Center and licensed to Geeks Galore Computer Center. Other product and company names and logos appearing on the website may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Marks displayed on the website.
13. OTHER SITES
The website may include advertisements for, and links to, other website's or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Geeks Galore Computer Center , and Geeks Galore Computer Center has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Geeks Galore Computer Center does not sponsor or endorse any Other Sites or their content or the goods or services available through those other website's. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Geeks Galore Computer Center arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Geeks Galore Computer Center , the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
14. LINKING AND FRAMING THE WEBSITE
Links to the website without the express written permission of Geeks Galore Computer Center are strictly prohibited. To request permission to link to the website, please contact support@geeksgalore.ca reserves the right to cancel and revoke any permission it may give to link to the website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the website or any of its content in any form and by any method is strictly prohibited.
15. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey™ or Third Voice™ in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that such postings may be viewed by other users of the website.
Geeks Galore Computer Center does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Geeks Galore Computer Center or the website.
If you send Submissions to Geeks Galore Computer Center or the website you automatically grant (or warrant that the owner of the Submissions grants) to Geeks Galore Computer Center and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Geeks Galore Computer Center or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Geeks Galore Computer Center and its assigns.
16. TRANSACTION AGREEMENTS
All transactions through the website, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the website, you signify your agreement and acceptance of the applicable Transaction Agreement.
17. SOFTWARE AGREEMENTS
Geeks Galore Computer Center may cause software to be available for you to download from the website or through other website's, including website's operated by Providers. The software is protected by copyright, and your downloading and use of the software are governed by the applicable Transaction Agreement and the Software License Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable Transaction Agreement and Software License Agreement.
18. CONTESTS
From time to time Geeks Galore Computer Center may make contests available to users of the website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The website is controlled by Geeks Galore Computer Center from Marmora, Ontario Canada. This Agreement, your use of the website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Geeks Galore Computer Center and you or any other person arising from, connected with or relating to the website, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Belleville, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Belleville, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
20. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will ensure to the benefit of and be binding upon each of Geeks Galore Computer Center and its Providers and each of their respective successors and assigns and related persons, including without limitation Geeks Galore Computer Center, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Geeks Galore Computer Center , which may be withheld in Geeks Galore Computer Center 's sole discretion. Geeks Galore Computer Center may assign this Agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and Geeks Galore Computer Center are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the website.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documetns qui s'y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to Geeks Galore Computer Center
This Agreement is subject to change without notice.