Terms and Conditions
THIS TERMS AND CONDITIONS (the "Agreement") as well as the Support Plan selected by You ("You" or "User") when You register for the geekstechs.com remote technical support services (the "Services") constitutes the entire agreement between You and GeeksTechs LLC ("geekstechs.com") regarding the Services and supersedes all previous agreements in respect of your use of this website/services and your relation with geekstechs.com. Before you click on the "I Accept" or "Agree" button, or otherwise indicate assent for continuing to use the services, please read this Agreement carefully as it sets forth important terms and conditions regarding Your use of the Services and geekstechs.com's obligations to provide the Services to You and settlement of disputes by arbitration instead of in court. In order to register for the Services, You acknowledge that You have agreed to all of the terms of this Agreement and that You have agreed to become a party to, and be legally bound by, this Agreement. You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to geekstechs.com's use of cookies in accordance with the terms of geekstechs.com's privacy policy/cookies policy. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website/services and click the 'cancel' or other similar button or otherwise indicate refusal.
Credit. Parts of this document were created using a Contractology template available at http://www.freenetlaw.com. If You have any questions regarding this Agreement, please contact contact@geekstechs.com. This Agreement was last revised on May 8, 2015. 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" means Software, Materials, Services and other related information; collectively.
"You" or "you" means you individually, any person, including any employer that you are acting on behalf of.
"geekstechs.com" All references to geekstechs.com refer to GeeksTechs LLC
"Geekstechs.com experts" means technicians and specialists certified by geekstechs.com to perform the Services under this Agreement.
"Per-Incident-Services" or "Per Incident Plans" or "Incident Plans" or "Single Incident Service" or "One-Time Support Service" or "One-Time Support Plan" are non-tenured service provided by geekstechs.com with the sole objective of fixing a single and specific technical problem faced by You.
"Term-Based-Services" "Term Based Services" or "Term Services" or "Monthly Plan" or "Monthly Term" are tenured Term plans offered by geekstechs.com that are active for a specified period and will not include any incident based plans such as "One-Time Support Plan" or the like.
"Services" Services are Per-Incident-Services or Term-Based-Services provided by geekstechs.com to You. All references to "Services" refer to any geekstechs.com service delivered by geekstechs.com's experts, under the plan that you enter into with geekstechs.com through use of the geekstechs.com Websites or by calling the geekstechs.com phone number mentioned on the geekstechs.com Websites.
"Geekstechs.com Websites" includes http://www.geekstechs.com and/or any other GeeksTechs owned, operated, licensed or controlled website or any other website owned, operated, licensed or controlled by reseller of geekstechs.com services.
"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 geekstechs.com The definition of "Materials" does not include the design or layout of the geekstechs.com Websites or any other geekstechs.com owned, operated, licensed or controlled website.
"Software" means a computer program of any kind, whether owned by geekstechs.com 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 geekstechs.com 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. Description of the geekstechs.com Services. Subject to the terms and conditions set forth herein and the specifics of each Service Plan, geekstechs.com provides remote technical support to consumers of personal electronics via telephone, on-line chats, and email. The products that are supported by geekstechs.com (the "Supported Products") and the Services are described in detail on the geekstechs.com website. Services will be provided by geekstechs.com's technical support experts ("experts") using commercially reasonable efforts to solve problems that arise in connection with User's proper and authorized use of the Supported Products. In order to facilitate the provision of the Services by geekstechs.com to User, it may be necessary for the expert to access the User's computer system remotely via Remote Computer Control ("remote login") in order to diagnose errors, make required adjustments and corrections to configuration, and administer the system as necessary. During the Services session, geekstechs.com may: (a) ask You to install certain support software on Your computer by downloading the support software from the Site and/or (b) ask for Your permission to use the remote assist tool through the geekstechs.com service representative to enable geekstechs.com to remotely access and take control of Your computer; and/or (c) gather system data and modify computer settings in order to diagnose or repair a problem; (d) utilize certain third party support software on Your computer, which may 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 geekstechs.com 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 analyse, diagnose, resolve more difficult problems and/or provide system optimization functions. By electing to receive support and accepting this Agreement, You hereby consent to the use of whatever Support Software Tools are deemed necessary to repair Your computer including REMOTE LOGIN by Geekstechs.com EXPERTs. 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 or a PDF file placed on your computer that will explain the work that was done on your computer and/or provide information for contacting geekstechs.com 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, although geekstechs.com strongly recommends that you keep this file. Geekstechs.com 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 geekstechs.com 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 geekstechs.com 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.
Geekstechs.com shall provide the following Services if applicable, subject to the Terms and Conditions and the plan selected. Geekstechs.com's EXPERT diagnoses PC to determine if it is infected by spyware or virus, and removes the spyware or virus found in Your PC; Geekstechs.com's EXPERT will help customers install and set-up certain software products. Geekstechs.com's EXPERT will help customers improve PC performance; install, set up anti-virus software applications; analyse the results of the diagnosis and suggest appropriate service offerings to solve any problems found. Additionally the EXPERT will tune up key operating system settings in an effort to improve PC performance. Geekstechs.com's EXPERT will help customers diagnose and address PC, network and connected peripheral and device related issues.
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.
One-Time Support Plan or Service. 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 company's ability to resolve remotely. If You have purchased a One-Time Support Service from geekstechs.com, then the following warranty applies: if company is able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, You will not be charged a fee for the One-Time Service. If You experience a problem with the resolution provided and You call within seven (7) days from the day You originally received the One-Time Support, geekstechs.com will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, the fees that You paid for such Service will be refunded. As set forth below, there are no other warranties for the Services.
Term-based Plan or Service. For Term Services, the applicable fees will depend on the type of Term that You purchase, and the duration of the Term. Unless you have purchased a special or trial offer Term Service that specifically provides otherwise, a One-Time set up fee applies to all Term Services.
2. User's Obligations. You acknowledge and agree that most, though not all, issues can be corrected through close cooperation between the EXPERT and the User. In order to facilitate the prompt resolution of support issues, User shall provide to Geekstechs.com reasonably detailed documentation and explanations, together with underlying data, to substantiate issues and to assist Geekstechs.com in its efforts to diagnose and correct problems. User shall listen carefully to the EXPERT at all times and follow the instructions issued by the EXPERT. User represents and warrants that it has working knowledge of its hardware system, any relevant software, and the facts and circumstances that give rise to a support incident. User shall ensure that the full system, including software and hardware, is available and accessible to User during a support session and that the said system is connected to the internet via a high-speed connection. In order to purchase Term Services, Your covered computer(s) must be virus free (as determined by geekstechs.com) at the time that You purchase the Term Service. If geekstechs.com determines that Your computer is infected by a virus, geekstechs.com may require that You purchase a Service to clean Your computer prior to obtaining Term Services. Geekstechs.com shall not be responsible for any lost or corrupted software or data. It is User's sole responsibility to ensure the maintenance of a complete data backup and disaster recovery plan.
The Term-Based-Services are only transferable once during the Term period from one computer to another provided it is owned by you. You may not use the Services in connection with a service agency 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.
What is your responsibility?a) You need to call us once in every 30-45 days to get the system(s) checked to keep those issue free. This would also ensure best use of the Term services and will go a long way in keep you safe online.
b) At any point you see anything suspicious on the computer or even have a simple question or need technical advice for software/hardware purchase, call us immediately to check what would be the right thing to do.
c) Make sure that in case of any kind of issues, you call at 1800-705-0186, the support number(s) provided to you by our support staff, and not entertain any calls from anyone else for support, or pay anyone else for such support unless requested by geekstechs.com, in order to avoid any conflict of interest and to ensure that you do not end up paying multiple providers for similar support.
3. Limitations/Exclusions. Geekstechs.com shall have no obligation to support:
Supported Products that have been altered, damaged or modified;
Services and products not included in your Service Plan;
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 because their configuration is beyond our control;
Software, including the operating system and software which are not compatible with the hardware on which they are installed; and
Problems that may and are caused by:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacturer;
Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
Accessories, parts, or components not compatible with the product;
Failure to follow instructions issued by the EXPERT; and
Errors due to negligence, hardware malfunction or other causes beyond the reasonable control of Geekstechs.com.
Non Compliance with the geekstechs.com's expert's instructions for resolving the query.
Malfunction of hardware such as printer, power-supply, memory, processor, monitor or any other such hardware components
4. Third Party Software and Third Party Services. Geekstechs.com may suggest that You acquire, install and use certain third party software ("TPS"). Geekstechs.com has no rights to the TPS and does not license TPS to You or make any representation or warranty regarding the TPS. TPS is licensed to You by the respective owners or licensees of the TPS. You must agree to the terms and conditions set forth by such owners or licensees prior to installation or use of the TPS, even if Geekstechs.com assists You in the acquisition, installation, and/or use of TPS. You must ensure that you comply with the terms and conditions under which You licensed all TPS or purchased any equipment. We do not warrant or represent that we are an authorized service provider for TPS 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 TPS or equipment by an unauthorized service provider may void any warranty made by the supplier of such TPS or equipment.
As part of the Services, Geekstechs.com 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 Geekstechs.com may elect to make available from time to time. Violation of such third party provider's terms of service may, in Geekstechs.com's sole discretion, result in the termination of your customer account and use of service. Geekstechs.com does not warrant third party products.
5. Fees/charges. You hereby authorize Geekstechs.com to charge the credit/debit card that You provide or other valid payment mechanism requested by You and approved by geekstechs.com at registration for the One-Time Support charge/Monthly fee/Contract term fee associated with Your Service Plan (the "Plan Charges") as specified in your registration form and the type of contract/plan chosen by You. Unless otherwise agreed by geekstechs.com in writing, all payments for the Services must be made at the time of purchase prior to receiving any services from geekstechs.com. You agree that geekstechs.com is under no obligation to pay to render Services if the payment for services as required are not made. Purchases of the Services made by You from a Reseller/Vendor will be subject to terms of sale of the Reseller/Vendor. You hereby authorize geekstechs.com 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 geekstechs.com and/or any other company who bills products or services, or acts as billing agent for geekstechs.com 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 acknowledge and agree that neither geekstechs.com nor any geekstechs.com 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. 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. You must notify Geekstechs.com of any changes to Your credit or debit card account (including, without limitation, applicable account number or cancellation or expiration of the account), Your billing address, or any information that may prohibit Geekstechs.com from charging Your account. A Term under the Annual Maintenance Plan does NOT automatically renew and ends at the end of the applicable period. If Geekstechs.com is unable to collect the Fee from Your credit or debit card, Geekstechs.com shall provide You with written notice of such non-payment and may, at Geekstechs.com's option, extend the payment deadline to allow You to provide an alternate credit card number. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by Geekstechs.com. In the event of collection enforcement, You will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other applicable taxes, other than taxes based on Geekstechs.com's net income.
IMPORTANT NOTICE: Limited Redemption Period, Cancellation Policy And Refund Rights. The right to a refund will expire within ninety (90) calendar days ("redemption period") from the date of purchase 'Start Date' or before the 'Valid Up to' date mentioned, whichever is sooner. In the event you can demonstrate that geekstechs.com (Geekstechs LLC) has not provided the One-Time Support service to your satisfaction, geekstechs.com will refund you the money you paid for the services, (less shipping, handling and any applicable taxes, except in certain states and countries where shipping, handling and taxes are refundable) provided that your refund request is received by geekstechs.com or our customer service during the redemption period, either by calling @ 1-800-705-0186 or by sending a request to support@geekstechs.com. Note: A refund request must be received either within 90 days from the 'Start Date' or before the 'Valid Up to' date mentioned above, whichever is sooner. If you have purchased Term services, you may choose to cancel such Term services and geekstechs.com will refund you the money paid for the Term services, (less shipping, handling and any applicable taxes, except in certain states and countries where shipping, handling and taxes are refundable) provided you have not availed any support service on your PC or other devices and that your refund request is received by geekstechs.com customer service within 90 days from the 'Start Date' or before the 'Valid Up to' date mentioned above, whichever is sooner. If, however, such request is received after 5 days or you have availed the services once and still wish to discontinue with the Term plan, geekstechs.com may, in its sole discretion, choose to refund you partial amount either on pro-rata basis (in case you have not availed any services) or after deducting the one-time support plan charges (in case you have availed the services once). Once 90 days have passed, all charges will be final and no refund/cancelation would be possible. Applicable refund amount will be pro-rata basis and would depend on the extent of support service already provided. Note: 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 this clause does not affect any other applicable refund rights. By clicking on the "I accept" or "I agree" button, or by your use of the services, you are deemed to have accepted and consented to be bound by the terms.
6. Term and Termination.
(a) Term. Unless earlier terminated pursuant to the provisions of this Section 6, this Agreement shall be effective upon registration and remain in effect for the term (the "Term") You selected at registration. Upon expiration of the Term, your Term to the Services shall NOT automatically renew.
(b) Termination for Cause. Geekstechs.com may terminate or suspend Your Support Plan immediately without notice if, in the sole discretion of Geekstechs.com:
(1) You are in breach of This Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for TPS;
(2) Your use of the Services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Geekstechs.com's network, or the use and enjoyment of other Geekstechs.com Users;
(3) Geekstechs.com ceases to offer the Services for any reason or
(4) Geekstechs.com determines that You are abusing the Services. Geekstechs.com shall incur no liability resulting from terminating or suspending Services to User.
7. Personal Use Only. Geekstechs.com provides the Services for Your personal use and internal business purposes only to address the issues and Supported Products covered under your Support Plan. 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 through the Services.
8. Fair Use Policy; User Conduct. Your use of the Services is subject to Geekstechs.com's "fair use" policy pursuant to which Geekstechs.com may suspend or terminate Your access to the Services if, in Geekstechs.com's sole discretion, You are abusing the Services by
(i) exceeding the level of use reasonably expected from someone using the relevant Support Plan; or
(ii) fraudulently allowing persons other than User to access the Services using Your Password.
In the event of such termination or suspension, You will not be entitled to a refund of any prepaid Monthly Fees. You are solely responsible for the contents of Your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.
9. Disclaimer of Warranties. The Services shall consist of commercially reasonable technical support. User agrees that the use of the Services is at User's sole risk and that the Services are provided on an "AS IS" and "AS AVAILABLE BASIS". The Services may not always be available in Your time zone or geographic location. Geekstechs.com makes no express or implied warranties or representations with respect to the Services (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). Geekstechs.com does not warrant that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, error or virus free; nor does Geekstechs.com make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. If geekstechs.com is unable to resolve Your personal computer problem, You will NOT be liable for charges for time spent by geekstechs.com's service representative in an attempt to correct a problem unless specified otherwise.
In the course of providing the Services, geekstechs.com may determine that the issue is beyond the scope of the services. Geekstechs.com may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, geekstechs.com will not transfer You directly to an alternate resource. To the extent permitted by applicable law, geekstechs.com reserves the right to refuse, suspend or terminate any of the Services in its sole discretion. Geekstechs.com provides no remedies for any loss of data resulting from use of the services and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of Your communications, data, or personalization settings. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.
This website is provided "as is" without any representations or warranties, express or implied. Geekstechs.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Geekstechs.com's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of 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, labour or materials. You hereby release Geekstechs.com from any and all liability, and agree that Geekstechs.com shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Geekstechs.com 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. Geekstechs.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, geekstechs.com does not warrant that: a. this website will be constantly available or available at all; or
b. the information on this website is complete, true, accurate or non-misleading.
10. Limitation of Liability. Neither Geekstechs.com, nor its parents, subsidiaries, affiliates, officers or employees shall be liable for any indirect, incidental, special or consequential damages, resulting from or concerning the use or the inability to use of the Services or INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, Data or other intangibles, In any manner, however caused and on any theory of liability, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If Geekstechs.com works with You on any password or other access control oriented problems, Geekstechs.com strongly recommends that You reset such passwords(s) immediately following the completion of the Services. Geekstechs.com 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 geekstechs.com 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. Geekstechs.com 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. You accept that, as a limited liability entity, geekstechs.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against geekstechs.com's officers or employees in respect of any losses you suffer in connection with the website/services.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect geekstechs.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as geekstechs.com. In no event shall the total and aggregate liability of geekstechs.com for any cause of action related to or arising under this Agreement exceed the greater of the price you paid for the services or five dollars (U.S. $5.00) or equivalent amount in the applicable currency. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services.
11. 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.
12. Reasonableness. By using this website and/or agreeing to these terms and conditions, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not think they are reasonable, you must not use this website.
13. Unenforceable provisions. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
14. Indemnification. You agree to immediately notify Company of and indemnify and undertake to keep geekstechs.com, its parents, subsidiaries, affiliates, officers and employees, harmless against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Services, (including the unauthorized use of Your account or any other breach of security known to You), the violation of this Agreement by You, or the infringement by You, or another user using Your computer, on any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in geekstechs.com's defence of any claim. Geekstechs.com reserves the right, at its own expense, to assume the exclusive defence 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 geekstechs.com.
15. Severability. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Geekstechs.com'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.
16. Breach of these terms and conditions. Without prejudice to geekstechs.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, geekstechs.com may take such action as geekstechs.com deems appropriate to deal with the breach, including but not limited to suspending your access to the website/services, prohibiting you from accessing the website, and/or legal action.
17. Incorporation of Terms of Access and Privacy Policy. You agree to follow and be bound by all of the terms and conditions contained in the Terms of Access and Use, which bind all users of the Geekstechs.com website and are incorporated into and made a part of this Agreement by this reference. You may view the Terms of Access and Use. You also agree that other than the Personal Information identified in the Geekstechs.com Privacy Policy, any information or data disclosed or sent to Geekstechs.com over the telephone, electronically or otherwise, is not confidential or proprietary to You. If You have not yet reviewed the Geekstechs.com Privacy Policy, incorporated herein by this reference, then please do so prior to agreeing to these Terms and Conditions.
18. User content. In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to geekstechs.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to geekstechs.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or geekstechs.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Geekstechs.com reserves the right to edit or remove any material submitted to this website, or stored on geekstechs.com's servers, or hosted or published upon this website. Notwithstanding geekstechs.com's rights under these terms and conditions in relation to user content, geekstechs.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
When You request the Services, the following information will be collected and sent from Your computer to geekstechs.com via an Internet connection:
The information provided by You to geekstechs.com's service representative over the phone or entered by You into geekstechs.com's online interface when requesting the Services; and The type and version of operating system and Internet browser used by Your 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 geekstechs.com 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; if a firewall is active; if antivirus software is installed, running, and up to date; internet browser information including security and temporary file settings; system info 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 geekstechs.com's discretion, depending on type of the technical support issue, geekstechs.com may choose to collect additional information. All of the collected information is necessary for the purpose of delivery of the Services including analysing, diagnosing, resolving the problem You have encountered, and optimizing the functionality of geekstechs.com's products and services. The information may be transferred to the geekstechs.com 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 geekstechs.com has taken steps so that the collected information, if transferred, receives an adequate level of protection. Geekstechs.com 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, geekstechs.com may share certain information with research organizations and other security software vendors. Geekstechs.com may also use statistics derived from the information to track and publish reports on security risk trends.
19. Proprietary Rights. The Services, including, without limitation, any of Geekstechs.com or its licensors' Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of Geekstechs.com and its licensors, and You shall have no interest in them whatsoever.
20. Export Regulation. You acknowledge that the Services, Support Software Tool and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export 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 geekstechs.com products are 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.
21. Modification or Discontinuation of the Services and/or this Agreement.
Geekstechs.com may, in its sole discretion and at any time, modify or discontinue the Services, or any part thereof and/or amend the terms and conditions stated herein by
(a) posting a revised version of the Terms of Service or a revised description of the Services on the Geekstechs.com website, or
(b) sending information regarding any amendment to the Terms of Service and changes to the Services to the email address You provide to Geekstechs.com when you register for the Services.
You are responsible for regularly reviewing the Geekstechs.com website to be notified of any amendments to the Terms and Conditions or the Services. Your use of the Services after an amendment to the Terms and Conditions shall be deemed acceptance by You of such amendments or modifications.
22. Assignment. Geekstechs.com may transfer, sub-contract or otherwise deal with geekstechs.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
23. Notices. Unless otherwise provided herein, notices given by Geekstechs.com to You will be sent by e-mail to the e-mail address You provide to Geekstechs.com as part of the registration process, or to updated addresses which You provide to Company via notice consistent with this paragraph. Notices given by You to Company must be given by e-mail to contact@geekstechs.com or such updated address and number as Company may provide You consistently with this notice provision. Notwithstanding anything herein to the contrary, it is Your sole responsibility to update Your address for notices hereunder, and notice sent to the e-mail last provided by You to Company shall be valid and binding on You regardless of whether such address has been changed, cancelled, has expired, has been terminated, or otherwise becomes inoperative.