EqGeeks Official TOS
Age Restriction:
You must be at least thirteen (13) years of age to use the Site and Services. By registerring, You represent, warrant and covenant that you meet this age requirement.
Restrictions
Comitting any of the following actions will result in the possible suspension, or termination of your forum account. By using this forum, you agree to not perform any of the following prohibited actions.
lie, misrepresent yourself to, or otherwise intentionally deceive any administrator, including but not limited to administrators and moderators;
Content
By using these forums, you agree to the following:
Your Account is Your Responsibility.
You are solely responsible and entirely liable for all activities conducted through your account and/or your User ID, even if your account has been compromised through no fault of your own. EqGeeks encourages you to maintain the confidentiality of your password, and reminds you that you do not have a license to let others use your account. You agree to notify EqGeeks immediately in the event your password is lost, stolen, disclosed or compromised. It is not EqGeeks’ policy to ask for your password online, and EqGeeks suggests that you never respond to an on-line request for your password. You acknowledge that although the Site and Services may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature makes it possible for third parties to access your account and User ID. EqGeeks strongly discourages the use of the password bypass feature, which will in any event be at your own risk.
Privacy
You understand that you have no expectation of privacy with respect to your use of the Site or Services, and that all communications made by or received from you may be monitored, preserved and disclosed by EqGeeks representatives. You hereby consent to the extraction of hardware system profile data and any data related to operation of the software from any computer that logs on to the Site or Services using your account. You acknowledge and agree that EqGeeks will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. EqGeeks will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity. Specifically, EqGeeks may disclose information about you or your Content if EqGeeks has the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any your Content violates the rights of a third party; or (d) protect the rights, property or safety of EqGeeks, its members or the public. These terms are also subject to EqGeeks’ general Privacy Policy, which is incorporated by this reference as if set out in full.
Disclaimer of Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQGEEKS, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EQGEEKS PROVIDES THE SITE AND SERVICES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY EQGEEKS IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EQGEEKSS’ AND ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE OR SERVICES SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO EQGEEKS UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
Consequential Damages.
IN NO EVENT WILL EQGEEKS, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT EQGEEKS, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SKOTOS’, ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification.
You agree to defend, indemnify and hold harmless EqGeeks, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement or portion hereof, your Content, or any act or omission by you relating the Site or Services. EqGeeks reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
Account Termination.
Either you or EqGeeks may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, EqGeeks reserves the right to terminate the Site and Services, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED ACCESS TIME THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION. A member whose account EqGeeks has terminated may not access the Site or Services in any manner or for any reason without EqGeekss’ express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination.