
Usage Policy
You agree that you will use GeeksByMinute (TM) in compliance with all applicable local, state,
national, and international laws, rules and regulations. Furthermore, you agree that you will not ask
questions that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, intended to advertise
or sell goods or services, or are otherwise objectionable. You further agree not to ask questions
designed to elicit responses that relate to illegal activity or that infringe upon another party's
intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish,
perform, display, post, transmit and distribute questions, comments or answers for any public or
commercial purpose without the written permission of GeeksByMinute (TM). GeeksByMinute (TM) does not
necessarily edit, screen, filter, modify, or otherwise monitor the content of questions or comments in
advance of responses. GeeksByMinute (TM) takes no responsibility for third party content, nor does
GeeksByMinute (TM) have any obligation to monitor such third party content. GeeksByMinute (TM) reserves
the right to refuse service to anyone at any time without notice for any reason. GeeksByMinute (TM) will
not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
General Information
Information provided via GeeksByMinute (TM) is not intended to substitute for informed professional
medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice.
If you ask a question we will assume you are interested in soliciting and receiving general information
rather than professional advice. You should bear in mind that the applicability of such general
information might vary substantially in different states and according to the individual factual
circumstances surrounding a particular question or comment.
Refund Policy
You may request a refund for any Consulting fee by submitting your request to the support technician
within five (5) minutes from the start of the call. All reasonable refund requests will be honored.
Warranty
The information provided by GeeksByMinute (TM) pursuant to this Service is derived from private and
public reference sources as well as personal knowledge and is provided by GeeksByMinute (TM) or
independent contractors ("Consultant") to assist you. The Information has not been verified,
however, and neither GeeksByMinute (TM) nor Consultant represent that it is accurate, correct, complete,
reliable, or otherwise valid. GeeksByMinute (TM) does not endorse or recommend, and expressly disclaims
liability for any product, manufacturer, distributor, service or service provider mentioned in any
question, comment or answer. Further GeeksByMinute (TM) does not endorse or support any opinion
expressed in a question, comment, or answer. THE INFORMATION AND SERVICE IS PROVIDED "AS IS"
WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS,
ANSWERS, AND COMMENTS IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON CLAIMING SUCH ITEMS.
GeeksByMinute (TM) AND CONSULTANTS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE
SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not
apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL GeeksByMinute (TM) OR CONSULTANTS BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE
SERVICE WHETHER OR NOT GeeksByMinute (TM) OR CONSULTANT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. UNDER NO CIRCUMSTANCES SHALL GeeksByMinute (TM) OR CONSULTANT BE LIABLE TO YOU FOR ANY AMOUNT
FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE
REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO GeeksByMinute (TM) FOR ANY INSTANCE OF USE OF
THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO
ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, GeeksByMinute (TM)
EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT,
MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation and exclusions may not
apply to you.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify GeeksByMinute (TM), and its Consultants, employees, agents and
representatives, from and against any third party claim arising from or in any way related to your use
of the Service, including any liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
In such a case, GeeksByMinute (TM) or the affected Consultant(s) will provide you with written notice of
such claim, suit or action.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against
GeeksByMinute (TM) and its employees and agents from any and all liability for claims, damages (actual
and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind
and nature, arising out of or in any way connected with use of the Service. If you are a California
resident, you waive your rights, whether known or unknown, under California Civil Code § 1542,
which states, "A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor." Residents of other states and nations
similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
No Assignment
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in
whole or in part, whether voluntarily or by operation of law, without GeeksByMinute (TM)'s prior written
consent. Any such purported assignment or delegation by you without GeeksByMinute (TM)'s prior written
consent will be null and void and of no force or effect, unless otherwise expressly consented to by
GeeksByMinute (TM) at its sole and absolute discretion.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as
an independent contractor and not as partner, joint venturer, agent, employee or employer of the other
and shall not bind nor attempt to bind the other to any contract.
Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The decision of the arbitrator
shall be final and unappealable. The arbitration shall be conducted in San Francisco, California and
judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Notwithstanding anything to the contrary, GeeksByMinute (TM) may at any time seek injunctions or other
forms of equitable relief from any court of competent jurisdiction.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be
deemed superseded by a valid enforceable provision that most closely matches the intent of the original
provision and the remaining provisions shall be enforced. GeeksByMinute (TM)'s failure to act with
respect to a breach by you or others does not waive GeeksByMinute (TM)'s right to act with respect to
subsequent or similar breaches. The failure of GeeksByMinute (TM) to exercise or enforce any right or
provision of these terms and conditions shall not constitute a waiver of such right or provision. The
section headings and subheadings contained in this Agreement are included for convenience only, and
shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted
in accordance with the laws of the State of California as if made in California by two residents of
that state. This Agreement constitutes the entire agreement between GeeksByMinute (TM) and you with
respect to the subject matter hereof.
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