Terms & Conditions

Geeker Terms of Use

Effective Date November 22, 2022

IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY. SERVICE PROVIDERS: GEEKER IS NOT LIMITED TO ARBITRATION AS TO ACTS OF FRAUD OR OTHER WILLFUL MISCONDUCT BY YOU, WHICH GEEKER MAY ADDRESS BY ALL LAWFUL MEANS.

Agreement to Terms. This constitutes a legally binding contract between Geeker, Inc. (“Geeker,” “we,” “us”) and you, with respect to your use of this Web site, our mobile application and any other Geeker internet or digital properties (collectively, the “Platform”), and all services available from Geeker or third parties in connection with the foregoing (collectively, the “Services”). As used herein, “Services” does not include Tech Services (defined below).  By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these terms of use, our Privacy Policy and any applicable Additional Program Terms (as defined below), including any updates posted here or otherwise communicated to you (collectively, the “Terms”). If you do not agree to the Terms, please do not use the Platform or Services.

References to Geeker (or “we” or “us”) in the Terms include Geeker’s service providers or suppliers, to the extent that such service providers or suppliers are acting for or on behalf of Geeker with respect to any aspect of the Platform.  For the avoidance of doubt, this does not include “Service Providers”, all of whom act on their own behalf and not for or on behalf of Geeker.

Changes to Terms. We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

Consent. If you are accessing and using the Platform, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. If you are accessing and using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, “you” and “your” will refer to both you and that entity.

Our Privacy Policy. Our Privacy Policy, which describes how we collect and use information from our users, is available here, as well as through the link titled “Privacy” on our homepage and other locations within the Platform.

Other Program Terms. Certain programs offered by Geeker through the Platform may have additional terms and conditions (the “Additional Program Terms”). If you elect to participate in one of these programs, Geeker will communicate the applicable Additional Program Terms to you. By participating in that program, you acknowledge that you have read, understood, and agree to be bound by, the Additional Program Terms, which will be deemed to be a part of the Terms.

Our Services

Services We Provide. Geeker connects consumers and other users of the Platform (each, a “Consumer”) with third party providers (each, a “Service Provider”) of technical support services for computers, computer-peripherals and other devices and for software programs and applications (collectively, “Tech Services”). All Tech Services through the Platform are provided on a remote basis through telephone, internet or other means of digital communication. Tech Services do not presently include hardware repair services.

Geeker facilitates communication and transactions between Consumers and Service Providers. Through the Platform, Consumers can access Service Providers and Service Providers can make their Tech Services available to Consumers, on-demand or at scheduled times in response to Consumer requests or inquiries. Geeker does not provide Tech Services.

No Responsibility, Endorsement or Guarantee for Service Providers; Estimates. Geeker does not deliver, and is not responsible for, any Service Provider’s services or advice. Geeker is not an agent of any Service Provider, and Service Providers are not employees or agents of Geeker. Geeker does not sponsor, endorse, recommend or approve any Service Provider. While we try to confirm that Service Providers meet certain requirements, we cannot and do not represent or warrant that any Service Provider is licensed, qualified, insured or capable of performing any service. We do not make any guarantees, warranties or representations of any kind regarding any Service Provider or any services or advice of any Service Provider, and we will not be responsible for any action or inaction of any Service Provider. Any reference to or use by any Service Provider of any aspect of the Platform, or of trademarks or other brands or names of Geeker, does not in any way change the disclaimers by Geeker regarding Service Providers as described in this paragraph. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Platform can match a Consumer’s service needs with a Service Provider or that Service Providers capable of and willing to meet a Consumer’s service needs will be available as and when needed. Any quote or estimate provided in connection with a request for Tech Services is only a guide, not a contractually binding offer, and is not a guarantee of the actual cost of your specific project.

Accounts and Charges for Consumers

User Account. Account registration is required for Consumers to receive or use aspects of the Platform including access to Tech Services. When you open or confirm an account, you will be required provide us with specified personal information, which may include your name, address, mobile phone number, and (if applicable) credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.

Charges. Fees and other charges (including any cancellation fees) for Tech Services (“Charges”) are listed on the Platform.  Fees may be charged on a time for service basis, per job basis, a subscription plan basis or other basis listed on the Platform or otherwise communicated to you.  You will be informed of Charges before Tech Services are provided. When Service Providers perform Tech Services for you, you will be charged for the Tech Services they provide in accordance with the applicable fee structure.  Any information provided by Geeker regarding promotional offers, discounts or other terms relating to Charges is solely for informational purposes. Applicable sales tax will be added to all Charges where required by law.

Subscription Plans.  Subscription plans for Tech Services may be offered through the Platform. The coverage, duration, pricing and other unique aspects of each subscription plan will be listed on the Platform.  Unless otherwise stated, subscription plans shall become effective immediately upon activation by Geeker and shall expire at 11:59 p.m. on the last day of the applicable plan duration.  No refund or credit shall be given for early cancellation of a subscription plan by a Consumer.  Geeker reserves the right to cancel any subscription plan prior to its scheduled expiration.  Any early cancellation by Geeker (other than due to fault by Consumer) will entitle the Consumer to a refund of a pro-rated portion of the subscription fee based on the unused remaining duration of the plan.  Unless notice of non-renewal is provided by the Consumer to Geeker by email to [email protected] or by Geeker to the Consumer, in either case prior to any then-scheduled plan expiration date, each subscription plan will automatically renew on the day after such scheduled expiration date for a period of the same duration as the most recent plan.  Geeker reserves the right to change the terms of any subscription plan at any time on notice to the Consumer, provided that, unless required by law, any such change that negatively impacts the Consumer shall either (i) require the Consumer’s consent or (ii) shall be made on at least three business days’ prior notice to the Consumer and shall not become effective until commencement of the next-scheduled renewal period.       

Payment. Charges are immediately due and payable upon provision of the applicable Tech Services or, in the case of a subscription plan, upon activation or renewal.  All payments are required to be made by credit card and will be processed by Geeker (on behalf of the applicable Service Providers) using Stripe or such other third party payment processing vendor(s) as Geeker may select. You authorize Geeker (and such other vendors) to charge any on-file credit card or other previously approved methods of payment to pay all Charges. You represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Charges. You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes directly with Geeker, and you understand that initiating a chargeback does not extinguish your obligation to pay.

Refunds; Credits. All payments by Consumers are final and non-refundable. Geeker may, however, in limited circumstances and in its sole and absolute discretion, elect to provide a refund or credit toward future services. Any payment which Geeker has elected to refund will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.

No Interest. You acknowledge and agree that funds in your account within the Platform will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Platform.

Inactive Accounts. If a Consumer account remains inactive for one year or more, Geeker reserves the right to terminate the account, including any credits, incentives, rewards or the like associated with the account.

Consent for Communications

Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Service Provider through the Platform (including when we connect calls and facilitate online sessions between Consumers and Service Providers), we may monitor and/or record those communications and interactions (which may include images of your computer screen or other device) for quality assurance, customer satisfaction and other purposes. Calls between Service Providers and Consumers that originate with a partner service may also be monitored and recorded. You consent to this monitoring and recording and to us disclosing any such information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Platform properly, and to protect ourselves and/or Consumers and Service Providers. Please see our Privacy Policy for further details.

Your Consent to Receive Automated Calls/Texts. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages:

• if you are a Consumer, by Geeker, Service Providers and other companies that help connect you to Service Providers about your project and other services and products that may be of interest to you; and

• if you are a Service Provider, by Geeker and other companies that help connect you with Consumers.

Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services.

We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.

You agree that automated calls or text (SMS) messages may be made to your telephone number(s) even if your number(s) is registered on any state or federal Do Not Call list. You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to Geeker or that we obtain through other lawful means. For complete details on our use of your information, including Collected Information (as defined below), and how to opt out of receiving Geeker marketing communications, please see our Privacy Policy.

Permissible Use

Grant of Limited License to Consumers. We hereby grant you, as a Consumer, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Platform for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms.

Grant of Limited License to Service Providers. We hereby grant you, as a Service Provider acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Platform for the purpose of providing information and Tech Services to Consumers through the Platform, subject to your compliance with the Terms.

The Platform and Geeker’s Marks are Protected. The Platform, including all materials, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of Geeker (collectively, the “Content”), are the proprietary property of Geeker and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services. Except for the limited license explicitly granted to you under the Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.

No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Platform (except to the extent specifically permitted by applicable law).

No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any Content contained on or in any aspect of the Platform through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that Geeker does not intentionally make available through the Platform. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Platform are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Consumers or Service Providers for any purpose.

No Improper Uses. You may not frame any part of the Platform. You may not use, or attempt to use, the Platform through any means not explicitly and intentionally made available, provided or intended with respect to the Platform (including attempting to gain unauthorized access to any portion of the Platform, the related services, or any other systems connected to the Platform and related services). You may not use or access the Platform or related services in any manner that could damage, disable, overburden, or impair any aspect of the Platform or that could interfere with the rights of or otherwise harm Geeker, our service providers or suppliers, Service Providers, other Consumers or any other person.

No Objectionable Conduct. You agree that, in using the Platform and interacting with Geeker, Service Providers and/or Consumers (as the case may be), you will not (i) engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements; (ii) engage in deceptive or fraudulent behavior; (iii) infringe or violate the privacy rights, property rights or any other rights of any person or entity; or (iv) violate any applicable law, rule or regulation.

Account Information; Platform Modification and Access

Accurate Information. If you are a Consumer, you will be asked to disclose certain information about yourself and your service requirements when you submit a request for Tech Services and/or when you open or confirm your Geeker account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a telephone number that is not your own. If we discover that any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not correct or update such information.

Modification of Platform Services. We reserve the right to modify, restrict access to, or discontinue the Platform (or any portion of the related services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Platform or related services. Unless explicitly stated otherwise, any new features that augment or enhance the current Platform or related services shall be subject to these Terms.

Termination; No Right to Platform Access. We reserve the right to refuse Platform access to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Platform and related services, in whole or in part, and to terminate, limit or prevent any Consumer’s or Service Provider’s future access to and use of the Platform and related services, at any time and for any reason (including those specifically described in these Terms), subject to any rights expressly provided in favor of subscription plan Consumers.

Remote access to your computer

In rendering Tech Services, Service Providers may need to access your computer or other device remotely through the internet. You authorize Service Providers to remotely access and control your computer and other devices for the purpose of rendering such services. Without limiting the foregoing, Service Providers may remotely connect to your computer or other devices, download and use software on your computer or other devices to gather system data, repair your computer or other devices, take remote control of your computer or other devise and change the settings on your computer or other devices. Other than as set forth in the warranty section below, you agree that Geeker has no responsibility or liability under any circumstance at any time for any loss or harm to your computer or other devices, data or otherwise that may arise from or may be related to the foregoing.

Data Backup. 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 ALLOWING ACCESS TO YOUR COMPUTER OR OTHER DEVICE BY SERVICE PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT NEITHER GEEKER NOR SERVICE PROVIDERS HAVE ANY 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 TECH SERVICES. SERVICE PROVIDERS ARE NOT PERMITTED TO PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

Neither Geeker nor Service Providers take any responsibility for any data that could be on any hard drives, memory drives, peripherals or any other device and you release such persons from any and all liability for any loss of data, whether it be by accident or intended. If necessary, Service Providers may delete some or all files (data and software programs) in an attempt to improve the functionality of your computer or device.

Use of Software and Tools. Service Providers may need to download and/or run software on your computer or other device to help diagnose and resolve a technology issue. Service Providers use several types of software: the first type provides computer system information to Service Providers which helps diagnose and resolve technology issues, the second type allows Service Providers to remotely control your computer or other device and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and help resolve technology issues.

You acknowledge and agree that use of Geeker software (if any) and third party software and tools (accessed, downloaded or otherwise provided or made available in connection with Tech Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when you access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that Service Providers may download and utilize Software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that Service Providers may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You agree that Service Providers may, but are not obligated to, remove any Software downloaded to your computer while rendering Tech Services upon completion of such Tech Services.

Customer Responsibilities. You agree to reasonably cooperate with Geeker and Service Providers as necessary to ensure any Tech Services requested through the Platform are provided in a timely manner.

User Submissions and Other Collected Information

Collected Data Definition. You agree and acknowledge that Geeker, Service Providers and other Consumers may collect data, text, photos, videos, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, “Information”) before, during, and after the provision of Tech Services or Platform services, or otherwise in connection with Tech Services or Platform services (individually and collectively, “Collected Information”).

You Are Responsible for User Submissions. The Platform may permit you and other Consumers and Service Providers to submit Information (individually and collectively, “User Submissions”). The person submitting a User Submission, and not Geeker, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if a Service Provider provides you with advice or other information, the Service Provider (and not Geeker) is solely responsible for that advice and information. You acknowledge and agree that Geeker has no obligation to pre-screen your or any other person’s User Submissions.

Knowingly submitting false names or contact information, or not keeping your contact information updated, can result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Geeker and our service providers and partners. Accordingly, if you knowingly input false information in connection with a service request, including any name, telephone number or other contact information that is not yours (whether it’s someone else’s or just made up), or if you fail to keep the information in your Geeker account current and correct, you agree to fully indemnify and be liable to Geeker and each Service Provider or other party who accepts that service request for any claims (including claims under the Federal Telephone Consumer Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys’ fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.

Limited Disclosure of User Submissions. You further acknowledge and agree that the description of the project for which you request Tech Services, all information contained in any reviews of Service Providers that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.

License to User Submissions. With respect to both User Submissions and Collected Information, you grant Geeker a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium, subject to our obligations in the Privacy Policy relating to personal information. We will not pay you or otherwise compensate you for User Submissions or Collected Information. You represent that you are the exclusive owner of all rights in the User Submissions that you submit.

Do Not Post Illegal, Harmful, or Prohibited Content. You agree not to post, submit or link to any User Submissions or material that (i) is prohibited under the section above entitled Permissible Use/No Objectionable Conduct; (ii) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Platform services or Tech Services; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iv) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.

Reviews of Service Providers. You may only post a review of a Service Provider if you have first-hand knowledge of the services provided by such Service Provider (that is, such Service Provider provided Tech Services to you). You may not accept anything of value from a Service Provider in exchange for posting a review. You may not post or submit a review of a Service Provider if you are (i) an employee, contractor, partner of, or otherwise affiliated with, such Service Provider, (ii) an employee, contractor, partner of, or otherwise affiliated with, a competitor of such Service Provider, or (iii) related to such Service Provider, including by blood, adoption or marriage. You agree that any review that you post or submit will be honest and factually accurate.

Review of User Submissions. We do not approve, control or endorse your or anyone else’s User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.

Suggestions. If you elect to provide or make available to Geeker any suggestions, comments, ideas, improvements or other feedback relating to the Platform, Tech Services or otherwise (“Suggestions”), Geeker will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.

Accuracy of Information. Geeker makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Platform or provided through Platform services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Platform, when we are notified or otherwise become aware of such inaccuracy. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Platform or related services.

Third-Party Intellectual Property

Third Party Materials and Intellectual Property. The Platform may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third-Party Materials”), and Third-Party Materials may be provided on the Platform as part of the Platform services. These Third-Party Materials are not owned or controlled by Geeker. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Geeker. All non- Geeker trademarks, product names and logos appearing on our Platform are property of their respective owners.

Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Platform or related services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Geeker at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Platform or related services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

Notification pursuant to the DMCA should be submitted to:

Geeker, Inc.

             6 Melnic Drive, Monsey, New York 10952

Attn:  Legal Department

             (800)-371-4497

Warranty Disclaimer

The Platform is provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Geeker Parties disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Platform and your use of or transactions with Geeker, Consumers, Service Providers or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.

Limitation of Liability

In no event will the Geeker Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Platform and your use of, or transactions with, Geeker, Consumers, Service Providers or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not Geeker is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In no event will the collective liability of the Geeker Parties arising out of or in connection with the Terms, the Platform, and your use of, or transactions with, Geeker, Consumers, Service Providers or other third parties exceed the lesser of (a) the amount you have paid to Geeker for use of the Platform in the preceding 6-month period or (b) $250.

Any claims against a Geeker Party relating to the Services, the Terms or any of the matters referenced in the preceding paragraph must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.

Indemnification

In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Geeker Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (2) your transactions with Consumers, Service Providers or other third parties, or (3) any violation by you of any of the Terms or other agreement between you and us  or applicable laws. Geeker reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Geeker in asserting any available defenses.

Release

You agree that you bear all risk and, in consideration of your access to and use of the Platofrm, you hereby release Geeker, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the “Geeker Parties”) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform and your use of, or transactions with, Geeker, Consumers, Service Providers or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under the statutory or non-statutory law of any jurisdiction relating to the release of claims, rights or benefits of which you may be unaware, to the full extent that you may lawfully waive all such claims, rights and benefits.

Disputes

Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of any aspect of the Platform or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court; provided, however, that prior to commencing an arbitration, you agree to attempt in good faith, for a period of at least forty-five (45) days, to resolve all Disputes directly with Geeker. There is no judge or jury in arbitration, and court review of an arbitration award is limited. 

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (for Consumer Disputes) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Rockland County, New York or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Rockland County, New York for the purpose of entering judgments on arbitral awards.

Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.

Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in Westchester County, New York. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.

Notwithstanding anything to the contrary, you and Geeker may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and New York state law, without regard to conflict of law provisions.

A Consumer’s rights under any separate agreement with a Service Provider will be governed by the terms of that agreement and by applicable federal, state, and local laws.

Attorneys’ Fees. If any of the Geeker Parties take legal action against you as a result of your violation of these Terms, the Geeker Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Geeker Parties.

General

Construction. All references to “dollars” or “$” in the Terms or on the Properties refer to United States dollars. Unless otherwise indicated, the words “include,” “includes” and “including,” when used in the Terms, shall be deemed in each case to be followed by the words “without limitation.”

Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Geeker’s prior written consent, but may be assigned by Geeker without restriction and without notice to you.

Entire Agreement and Severability. The Terms (which, as noted above, include any applicable Additional Program Terms) constitute the entire agreement between you and Geeker concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Geeker with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Geeker’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the Geeker Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Program Terms.

Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Contact Us. If you have questions about these Terms, please contact us by email at [email protected]