Terms of Use & Privacy Policy



Privacy Policy


WHAT INFORMATION DO WE COLLECT:

Tech Support collects information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.


WHAT DO WE USE YOUR INFORMATION FOR:

Any of the information we collect from you may be used in one of the following ways: To personalize your experience (your information helps us to better respond to your individual needs) To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you) To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs) To process transactions your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.To administer a contest, promotion, survey or other site featureTo send periodic emails the email address you provide for order processing, will only be used to send you information and updates pertaining to your order.


HOW DO WE PROTECT YOUR INFORMATION:

Tech Support implements a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.


DO WE USE COOKIES:

Yes (Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information). We use cookies to help us remember and process the items in your shopping cart and understand and save your preferences for future visits.


DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES:

Tech Support does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.ONLINE


PRIVACY POLICY ONLY

 This online privacy policy applies to information collected through our website/phone.


YOUR CONSENT

By using our site, you consent to our website privacy policy and all terms and conditions.


CHANGES TO OUR PRIVACY POLICY

If we decide to change our privacy policy, we will post those changes on this page.


CONTACTING US

If there are any questions regarding this privacy policy you may contact us on our Website or Email address.




Terms & Conditions


THE TERMS AND CONDITIONS WRITTEN UNDER(THE "TERMS") ARE A LEGAL CONTRACT BETWEEN SPOT A GEEK AND YOU FOR USE OF SPOT A GEEK'S SUPPORT SERVICES (THE "SERVICES") YOU SELECTED OR INITIATED ON THE SPOT A GEEK WEBSITE. THE DETAILS REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU PLACE A SERVICE REQUEST, PLEASE READ THE TERMS BELOW CAREFULLY. THESE TERMS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF SPOT A GEEK 'S WEBSITE AND SPOT A GEEK 'S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH SPOT A GEEK. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE SPOT A GEEK WEBSITE AND SERVICES. IF YOU DO NOT AGREE TO THE TERMS, THEN SPOT A GEEK IS UNWILLING TO PROVIDE THE SERVICES TO YOU.


IMPORTANT NOTICE:

LIMITED REFUND PERIOD AND REFUND RIGHTS: THE RIGHT TO REFUND WILL EXPIRE WITHIN THIRTY(30) CALENDAR DAYS ("REDEMPTION PERIOD") FROM THE DATE OF PURCHASE OF THE PLAN WAS TAKEN. IN THE EVENT YOU CAN DEMONSTRATE THAT SPOT A GEEK HAS NOT PROVIDED THE SERVICE TO YOUR SATISFACTION, SPOT A GEEK WILL REFUND YOU THE MONEY YOU PAID FOR THE SERVICES GIVEN THAT YOUR REFUND REQUEST IS RECEIVED BY SPOT A GEEK OR OUR CUSTOMER SERVIC E DURING THE REDEMPTION PERIOD, USING THE CONTACT DETAILS DESCRIBED IN SECTION 8 OF THE TERMS. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF REFUND RIGHTS AS DESCRIBED IN THIS CLAUSE SO THIS CLAUSE MAY NOT APPLY TO YOU. FURTHERMORE THE CONTRACT IS NOT AFFECTED ANY RIGHTS FOR REFUND. BY YOUR USE OF THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.

 

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions. "Content" Software, Materials, Services and other related information are collectively referred to as "Content." "You" or "you" "You" means you individually, any person, including any employer that you are acting on behalf of. "SPOT A GEEK " All references to SPOT A GEEK refer to SPOT A GEEK located at 1431 Greenway Drive,8th Floor,Irving, TX 75038. "SPOT A GEEK Certified Technician/(s)" "SPOT A GEEK Certified Technician means" technicians and specialists certified by SPOT A GEEK to perform the Services under this Agreement. "Per-Incident-Services" "Per Incident Plans" or "Incident Plans" or "Single Incident Service" are non-tenured service provided by SPOT A GEEK with the sole objective of fixing a single and specific technical problem faced by You". "Subscription-Based-Services" "Subscription Based Services" or "Subscription Services" are tenured Subscription plans offered by SPOT A GEEK that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like. "Services" Services are Per-Incident-Services or Subscription-Based-Services provided by SPOT A GEEK to You. "SPOT A GEEK Websites" SPOT A GEEK Websites includes http://www.DycineGlobal.com and or any other SPOT A GEEK owned, operated, licensed or controlled website or any other website owned, operated, licensed or controlled by reseller of SPOT A GEEK services. "Services" All references to "Services" refer to any SPOT A GEEK service delivered by SPOT A GEEK Certified Technicians, under the plan that you enter into with SPOT A GEEK through use of the SPOT A GEEK Websites or by calling the SPOT A GEEK phone number mentioned on the SPOT A GEEK Websites. These Terms of Use govern all plans available through the SPOT A GEEK Website. "Materials" "Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the SPOT A GEEK Websites are the proprietary and copyrighted work of SPOT A GEEK and/or its suppliers. The definition of "Materials" does not include the design or layout of the SPOT A GEEK Websites or any other SPOT A GEEK owned, operated, licensed or controlled website. "Software" "Software" means a computer program of any kind, whether owned by SPOT A GEEK or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both SPOT A GEEK Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").

 

1. Services

1.1 Service Overview

1.1.1 Introduction:

Services may include Per-Incident-Services that are available on a single incident basis, for a fee; or Subscription-Based- Services, which are an entitlement to more than one Service over a period of time. SPOT A GEEK shall provide the Services as set forth in the Terms and Conditions. SPOT A GEEK 's service representative, as its discretion, will attempt to provide to You the Services over the telephone, through a live chat session on Your personal computer, remotely over the internet, or by email or in person. SPOT A GEEK continually strives to improve the usability and performance of its products and services. In order to optimize the Services, and solely to the extent permitted by applicable law, SPOT A GEEK may, at its discretion, modify the features or descriptions of the Services from time to time; however this shall not adversely affect the quality of any specific Services which SPOT A GEEK has already expressly agreed to provide to You.

 

1.1.2 Support Software Tool and Remote Access:

During the Services session, SPOT A GEEK may

(i) ask You to install certain support software on Your personal computer by downloading the support software from the Site and/or

 

(ii) ask for Your permission to use the remote assist tool through the SPOT A GEEK service representative to enable SPOT A GEEK to remotely access and take control of Your personal computer; and/or

 

(iii) gather system data and modify computer settings in order to diagnose or repair a problem;

 

(iv) utilize certain third party support software on Your personal computer, which will be removed upon the completion of the Services session. The support software (including any third party support software) and remote assist tool are owned by SPOT A GEEK or applicable third party licensors and suppliers and may be collectively referred to as the "Support Software Tool" in the Terms and Conditions. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. By electing to receive support, You agree to allow SPOT A GEEK to use whatever Support Software Tools are deemed necessary to repair Your personal computer, including remote access. You understand that if remote access is used on Your computer there will be no residual software from the remote session; You also understand that you have the ability to disconnect the remote access anytime during the remote access session; You understand that at the end of the remote access session there may be a text or an xml or a flash file placed on your computer that will explain the work that was done on your computer and/or provide information for contacting SPOT A GEEK for further assistance in future. If such a file is placed on your computer, you have the option to either save the file or to delete it from your computer. SPOT A GEEK may, but has no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to SPOT A GEEK to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You or other users; to protect ourselves and/or other users; and to enhance the types of Services we may provide to You in the future. You also grant SPOT A GEEK permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.

 

1.1.3 Description of Services :

SPOT A GEEK shall provide the following Services if applicable and subject to the Terms and Conditions:

SPOT A GEEK 's service representative diagnoses PC to determine if it is infected by spyware or virus, and removes the spyware or virus found in Your personal computer.

SPOT A GEEK 's service representative will help customers install and set-up certain software products. 

SPOT A GEEK 's service representative will help customers improve PC performance.

SPOT A GEEK 's service representative will help customers install, set up anti virus software applications, and improve PC Performance.

SPOT A GEEK 's service representative will analyze the results of the diagnosis and suggest appropriate service offerings to solve any problems found. Additionally the representative will tune up key operating system settings to endeavor to improve PC performance.

SPOT A GEEK 's service representative will help customers diagnose and address PC, network and connected peripheral and device related issues Other services which may be provided by SPOT A GEEK. Some personal computers may not be able to receive the Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the Services, a high speed internet connection is required

 

1.2 Commercially Reasonable Effort :

 

SPOT A GEEK will make every commercially reasonable effort to troubleshoot or fix Your personal computer problem. If SPOT A GEEK is unable to resolve Your personal computer problem, You will NOT be liable for charges for time spent by SPOT A GEEK 's service representative in an attempt to correct a problem unless specified otherwise. In the course of providing the Services, SPOT A GEEK may determine that the issue is beyond the scope of the services. SPOT A GEEK may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, SPOT A GEEK will not transfer You directly to an alternate resource. To the extent permitted by applicable law, SPOT A GEEK reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.

 

1.3 Service Availability :

The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to purchase Subscription Services, Your covered computer(s) must be virus free (as determined by SPOT A GEEK ) at the time that You purchase the Subscription Service. If SPOT A GEEK determines that Your computer is infected by a virus, We may require that You purchase a Service to clean Your computer prior to obtaining Subscription Services. SPOT A GEEK reserves the right to terminate Your Subscription Service, upon notice, if SPOT A GEEK determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) unreasonably, (d) by any person other than You, or (e) for any computer system other than a registered system. In the event that Your Subscription Service is terminated by SPOT A GEEK , SPOT A GEEK will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.

 

 

2. Your Responsibilities

 

2.1 Basic Responsibilities:

You agree that You are a legal license holder of the software on Your personal computer and Your use of the Services and the internet is solely at Your own risk. By electing to receive the Services, You confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that You provide to SPOT A GEEK must be accurate, including Your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to SPOT A GEEK . You further represent that You authorize SPOT A GEEK to bill the credit card that You provide to SPOT A GEEK , for any charges to which you consent.

 

2.2 Liability Release:

To the extent permitted by applicable law, SPOT A GEEK will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by SPOT A GEEK and/or its representatives. If SPOT A GEEK works with You on any password or other access control oriented problems, SPOT A GEEK strongly recommends that You reset such passwords(s) immediately following the completion of the Services.

 

2.3 Transfer:

The Subscription-Based-Services are only transferable once during the subscription period from one computer to another, provided it is owned by you. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.

 

2.4 Data Backup:

SPOT A GEEK does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively "customer data") and software stored on your computer and storage media before ordering the services. You acknowledge and agree that SPOT A GEEK or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services. SPOT A GEEK does not provide backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.

 

 

3. Service Plans, Refunds, Billing &  Payment Renewals

 

3.1 Per-Incident-Services:

The Per-Incident-Services shall be provided for on a one time basis. The term "one time" means that the service will address a single issue or problem for a customer on Your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem. The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased a Single Incident Service from SPOT A GEEK , then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the One Time Service. If You experience a problem with the resolution We provided and You call Us within seven (7) days from the day You originally received the Single Incident Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service. As set forth below, there are no other warranties for the Services.

 

3.2 Subscription Services :

For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one time set up fee applies to all Subscription Services.

 

3.3 Exclusion from Services :

"Services" shall not include the following:

Any item or activity not covered by the terms of a Per-Incident-Service or Subscription-Based- Services.

Service beyond the duration limitations identified in your Services plan.

Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control.

Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan.

Problems that may and do result from:

a) External causes such as accident, abuse, misuse, or problems with electrical power;

b) Usage that is not in accordance with product instructions provided by manufacture;

c) Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or

d) Problems caused by using accessories, parts, or components not compatible with the product.

e) Non Compliance with the SPOT A GEEK technician instructions for resolving the query.

f) Malfunction of hardware such as printer, power-supply, memory, processor, monitor or any other such hardware components

 

3.4 Refund :  

Any refund will be limited to the amount paid by You.

 

3.5 Payment for the Services :

 

The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. For purchases of the Services made by You from SPOT A GEEK through the Site:

(1) You agree that SPOT A GEEK may charge to Your credit card or other valid payment mechanism requested by You and approved by SPOT A GEEK all amounts due and owing for SPOT A GEEK for the Services;

(2) Unless otherwise agreed by SPOT A GEEK in writing, all payments for the Services must be made at the time of purchase prior to receiving any services from SPOT A GEEK ;

(3) You agree that SPOT A GEEK may collect interest at the lesser of 1.5 % per month or the highest amount permitted by law on any amounts not paid when due;

(4) You agree that SPOT A GEEK is under no obligation to pay to render Services if the payment for services as required are not made.

(5) Purchases of the Services made by You from a Reseller/Vendor will be subject to terms of sale of the Reseller/Vendor.

 

3.6 Credit Card Billing:

You may be asked to provide SPOT A GEEK with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize SPOT A GEEK to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize SPOT A GEEK and/or any other company who bills products or services, or acts as billing agent for SPOT A GEEK to continue to attempt to charge and/ or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide SPOT A GEEK with updated credit card information upon SPOT A GEEK 'S request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither SPOT A GEEK nor any SPOT A GEEK affiliated company will have any liability whatsoever for any nonsufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at SPOT A GEEK'S option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.

 

3.7 Renewal Policy :

Renewal Policy By authorizing SPOT A GEEK to charge Your credit card for Your Subscription Service, You further authorize SPOT A GEEK to continue to charge Your credit card (or a replacement card, if the credit issuing entity informs SPOT A GEEK that a replacement card has been issued) for all fees associated with a Recurring Subscription Service, including renewals. You must contact SPOT A GEEK if You do not wish to renew Your Recurring Subscription Service; if You do not contact SPOT A GEEK , the Recurring Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at SPOT A GEEK 's then-applicable fees. A subscription under the 1- year or 2-year or 3-year Annual Maintenance Plan does not automatically renew and ends at the end of the applicable period.

 

3.8 Fair Usage Policy & Termination :

Though SPOT A GEEK has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to SPOT A GEEK 'S "fair use" policy. Under this policy, if at any time, in SPOT A GEEK 'S sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then SPOT A GEEK reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, SPOT A GEEK reserves the right to suspend or terminate any Subscription Services of any Subscriber that SPOT A GEEK , in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to SPOT A GEEK ; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

 

3.9 Lifetime Dycine Care is valid for the life of the machine or 3 years maximum whichever is shorter.

 

4. PrivacyData Protection:

When You visit the Site, the SPOT A GEEK Privacy Policy that is available for review via the corresponding link that appears on the Site shall apply. If you have not yet reviewed the SPOT A GEEK Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to SPOT A GEEK over the telephone, electronically or otherwise, is not confidential or proprietary to you. When You request the Services, the following information will be collected and sent from Your personal computer to SPOT A GEEK via an Internet connection: The information provided by You to SPOT A GEEK 's service representative over the phone or entered by You into SPOT A GEEK 's online interface when requesting the Services; and The type and version of operating system and Internet browser used by Your personal computer. During Your Services session, if a Support Software Tool is installed, the following information may be collected from your computer by the Support Software Tool and sent to SPOT A GEEK via secured connection: The number of files scanned, threats found, and threats fixed by the Support Software Tool; The type of threats found; The number and type of threats remaining that have not been fixed by the Support Software Tool; Whether a firewall is active; Whether antivirus software is installed, running, and up to date; Browser information including security and temporary file settings; System information related to the operating system, memory and disk space, proxy configuration and directory listings for the Support Software Tool; The security status (good/fair/poor) of the computer as determined by the Support Software Tool; Installed programs and active processes information; and Application log file information and registry data. Also at SPOT A GEEK 's discretion, depending on type of the technical support issue, SPOT A GEEK may choose to collect additional information. All of the collected in formation is necessary for the purpose delivery of the Services including analyzing, diagnosing, resolving the problem You have encountered, and optimizing the functionality of SPOT A GEEK 's products and services. The information may be transferred to the SPOT A GEEK group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but SPOT A GEEK has taken steps so that the collected information, if transferred, receives an adequate level of protection. SPOT A GEEK may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, SPOT A GEEK may share certain information with research organizations and other security software vendors. SPOT A GEEK may also use statistics derived from the information to track and publish reports on security risk trends.

 

 

5. Unlawful and Non-Commercial Use Limitation :

 

5.1. Personal and Non-Commercial Use Limitation Unless otherwise specified, the Services, Materials and Software are solely for your personal and noncommercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.

 

5.2 Unlawful or Prohibited Use As a condition of your use of the SPOT A GEEK Websites or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any SPOT A GEEK server, or the network(s) connected to any SPOT A GEEK server, or interfere with any other party's use and enjoyment of any of the SPOT A GEEK Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any SPOT A GEEK Websites, the Materials, Software or Services, other accounts, computer systems or networks connected to any SPOT A GEEK server or to any of the SPOT A GEEK Websites, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any SPOT A GEEK Websites, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.5.3 General Usage Restrictions Any other use of the SPOT A GEEK Websites Services, Materials or Software, other than as explicitly permitted by SPOT A GEEK is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to SPOT A GEEK and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.

 

6. Other Important Information

 

6.1 Disclaimer of Warranty

TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPOT A GEEK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPOT A GEEK MAKES NO WARRANTIES THAT:

THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS

THE SERVICES AND /OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE

THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE.

THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND

ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED.

ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETIO N AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SPOT A GEEK DOES NOT WARRANT THIRD PARTY PRODUCTS.

 

6.2 Limitation of Liability:

SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARD LESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SPOT A GEEK BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL , INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SERVICES EVEN IF SPOT A GEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL SPOT A GEEK 'S LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE SERVICES OR FIFTY DOLLARS (U.S. $50.00) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.

 

6.3 Limitation of Actions :

Any cause of action by you must be commenced within three months after the cause of action arose or it shall be forever waived and barred

 

6.4 Indemnity :

You agree to indemnify, defend, and hold SPOT A GEEK , its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of SPOT A GEEK or any other third party. You will cooperate as fully as reasonably required in SPOT A GEEK 'S defense of any claim. SPOT A GEEK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SPOT A GEEK . You agree immediately to notify SPOT A GEEK of any unauthorized use of your account or any other breach of security known to you.

 

6.5 Proprietary Rights :

SPOT A GEEK or its licensors or suppliers retains ownership of all proprietary rights in the Services, the SPOT A GEEK Web sites, the Support Software Tool, and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of SPOT A GEEK 's copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tool with the Services. 6.6 Force Majeure. SPOT A GEEK shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond SPOT A GEEK 's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts o f civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, a large scale outbreak of a new computer virus, fuel, energy, labor or materials. You hereby release SPOT A GEEK from any and all liability, and agree that SPOT A GEEK shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. SPOT A GEEK or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

 

6.7 Export Regulation :

You acknowledge that the Services, Support Software Tool and related technical data and services (collectively "Controlled Technology") may b e subject to the import and export laws of the United States, specifically the U.S. Exp ort Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All SPOT A GEEK product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.6.8 SEVERABILITY; WAIVER If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. SPOT A GEEK 's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.6.9 Modifications SPOT A GEEK reserves the right to amend the Terms and Condition, and the SPOT A GEEK Portal at any time by(a) posting a revised version of the Terms and Conditions on the SPOT A GEEK Portal, or by(b) sending information regarding any amendment to the Terms of Service to the email address you provide to SPOT A GEEK in connection with registration. You are responsible for regularly reviewing the SPOT A GEEK website to be notified of any amendments to the Terms and Conditions.

 

 

7. Third Party Products and Services

 

7.1 Third Party Products As part of the Services, SPOT A GEEK may suggest that you acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether SPOT A GEEK assists you in the acquisition, installation, and/or use of Third Party Software. SPOT A GEEK has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

 

7.2 Third Party Services As part of the Services, SPOT A GEEK may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that SPOT A GEEK may elect to make available from time to time. Violation of such third party provider's terms of service may, in SPOT A GEEK 'S sole discretion, result in the termination of your customer account and use of service.

 

 

8. General

The Terms will be governed by the laws of the State of Texas, United States of America. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and SPOT A GEEK relating to the Services and:supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter andprevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should You have any questions concerning the Terms, or if You desire to contact SPOT A GEEK for any reason, please write to: SPOT A GEEK Customer Service at 1431 Greenway Drive,8th Floor,Irving, TX 75038.





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