Terms of Use
AGREEMENT BETWEEN USER AND
OneGoodGeek.com
The OneGoodGeek.com Web Site is comprised of various Web pages
operated by OneGoodGeek.com.
The OneGoodGeek.com Web Site is offered to you conditioned on your
acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the
OneGoodGeek.com Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
OneGoodGeek.com reserves the right to change the terms, conditions,
and notices under which the OneGoodGeek.com Web Site is offered,
including but not limited to the charges associated with the use of
the OneGoodGeek.com Web Site.
LINKS TO THIRD PARTY SITES
The OneGoodGeek.com Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of
OneGoodGeek.com and OneGoodGeek.com is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked
Site. OneGoodGeek.com is not responsible for webcasting or any other
form of transmission received from any Linked Site. OneGoodGeek.com
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by OneGoodGeek.com
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the OneGoodGeek.com Web Site, you
warrant to OneGoodGeek.com that you will not use the OneGoodGeek.com
Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the OneGoodGeek.com
Web Site in any manner which could damage, disable, overburden, or
impair the OneGoodGeek.com Web Site or interfere with any other
party's use and enjoyment of the OneGoodGeek.com Web Site. You may
not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through
the OneGoodGeek.com Web Sites.
USE OF COMMUNICATION SERVICES
The OneGoodGeek.com Web Site may contain bulletin board services,
chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication
facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a
Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and
publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the
operation of another's computer.
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service
specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain
letters.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally
distributed in such manner.
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of
the origin or source of software or other material contained in a
file that is uploaded.
Restrict or inhibit any other user from using and enjoying the
Communication Services.
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
Violate any applicable laws or regulations.
OneGoodGeek.com has no obligation to monitor the Communication
Services. However, OneGoodGeek.com reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion.
OneGoodGeek.com reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for
any reason whatsoever.
OneGoodGeek.com reserves the right at all times to disclose any
information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or
materials, in whole or in part, in OneGoodGeek.com's sole
discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any
Communication Service. OneGoodGeek.com does not control or endorse
the content, messages or information found in any Communication
Service and, therefore, OneGoodGeek.com specifically disclaims any
liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are
not authorized OneGoodGeek.com spokespersons, and their views do not
necessarily reflect those of
OneGoodGeek.com.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations
if you download the materials.
MATERIALS PROVIDED TO OneGoodGeek.com OR POSTED AT ANY
OneGoodGeek.com WEB SITE
OneGoodGeek.com does not claim ownership of the materials you
provide to OneGoodGeek.com (including feedback and suggestions) or
post, upload, input or submit to any OneGoodGeek.com Web Site or its
associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you
are granting OneGoodGeek.com, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. OneGoodGeek.com is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in
OneGoodGeek.com's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE OneGoodGeek.com WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN.
OneGoodGeek.com AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE OneGoodGeek.com WEB SITE
AT ANY TIME. ADVICE RECEIVED VIA THE OneGoodGeek.com WEB SITE SHOULD
NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
OneGoodGeek.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE OneGoodGeek.com WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
OneGoodGeek.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
OneGoodGeek.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE OneGoodGeek.com WEB SITE, WITH
THE DELAY OR INABILITY TO USE THE OneGoodGeek.com WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE OneGoodGeek.com WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE OneGoodGeek.com WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF OneGoodGeek.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE OneGoodGeek.com WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE OneGoodGeek.com WEB SITE.
SERVICE CONTACT : david@onegoodgeek.com
TERMINATION/ACCESS RESTRICTION
OneGoodGeek.com reserves the right, in its sole discretion, to
terminate your access to the OneGoodGeek.com Web Site and the
related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the OneGoodGeek.com Web Site. Use of the
OneGoodGeek.com Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you
and OneGoodGeek.com as a result of this agreement or use of the
OneGoodGeek.com Web Site. OneGoodGeek.com's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of OneGoodGeek.com's
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the OneGoodGeek.com
Web Site or information provided to or gathered by OneGoodGeek.com
with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and
OneGoodGeek.com with respect to the OneGoodGeek.com Web Site and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
OneGoodGeek.com with respect to the OneGoodGeek.com Web Site. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and
all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the OneGoodGeek.com Web Site are: Copyright 2006 by
One Good Geek, LLC and/or its suppliers. All
rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association
with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under
United States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.