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Welcome to the SpeakWithAGeekSM website (the "Site"), owned and operated by SpeakWithAGeekSM, an Arizona corporation. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Legal Terms of Use and Privacy Policy at any time in our sole discretion and without notice to you.
Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under United States copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of SpeakWithAGeekSM.
2. Service Offerings
SpeakWithAGeekSM may offer to provide certain services (i.e. computer technical support), as described more fully on the Site, and which are selected by you through the process provided on the Site ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services SpeakWithAGeekSM performs for you, as well as the offering of any content on the Site. SpeakWithAGeekSM may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. SpeakWithAGeekSM may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, letter to SpeakWithAGeekSM, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by SpeakWithAGeekSM, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to SpeakWithAGeekSM, you automatically grant (or warrant that the owner of such rights has expressly granted) SpeakWithAGeekSM a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. To the extent allowed by law, Subscriber also assigns and waives all rights of integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by SpeakWithAGeekSM and agree not to assert any Moral Rights with respect thereto.
4. Passwords and Security
As a condition to using the Site, you may be required to register with SpeakWithAGeekSM and select a password and user name ("SpeakWithAGeekSM User ID"). Subscriber shall provide SpeakWithAGeekSM with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify SpeakWithAGeekSM immediately by email at support@speakwithageek.com or telephone 1-480-315-8846 of any unauthorized use of your password(s). SpeakWithAGeekSM is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
5. Termination of Use
You agree that SpeakWithAGeekSM may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by SpeakWithAGeekSM.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that SpeakWithAGeekSM is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that SpeakWithAGeekSM is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of or reliance upon such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and not SpeakWithAGeekSM. You agree that SpeakWithAGeekSM is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that SpeakWithAGeekSM is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SpeakWithAGeekSM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SpeakWithAGeekSM MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. SpeakWithAGeekSM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. SpeakWithAGeekSM RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL SpeakWithAGeekSM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless SpeakWithAGeekSM, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
10. Privacy Policy
SpeakWithAGeekSM is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.speakwithageek.com/privacy.asp.
11. Note About Children
The Site is not targeted for or intended for use by Minors (those under the age of thirteen years). We ask that Minors do not use this Site or submit any personal information to us.
12. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of SpeakWithAGeekSM in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
13. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Arizona. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Maricopa County, Arizona. You and SpeakWithAGeekSM agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
14. Copyright/Trademark Information
Copyright © 2010, SpeakWithAGeekSM. All rights reserved. SpeakWithAGeekSM is the trademark of SpeakWithAGeekSM, a Arizona corporation. Other names appearing on the Site may be trademarks of their respective owners.
15. Contact Information
If you have any questions regarding these Terms of Use, please contact SpeakWithAGeekSM at support@speakwithageek.com.
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