Term and Conditions

Terms and Condtions

Welcome to learnwithgeekgirlmedia.ca/geekgirlmedia.ca. Geek Girl Media and its associates provide their services to you subject to the following conditions. If you visit or browse the Products and Services as a user or paid or unpaid member, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and software. Violation of any terms will result in termination of your account.

PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Geek Girl Media or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GEEK GIRL MEDIA or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of GEEK GIRL MEDIA, with copyright authorship for this collection by GEEK GIRL MEDIA, and protected by international copyright laws.

TRADE MARKS
GEEK GIRL MEDIA’s trademarks and trade dress may not be used in connection with any product or service that is not GEEK GIRL MEDIA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GEEK GIRL MEDIA. All other trademarks not owned by GEEK GIRL MEDIA or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GEEK GIRL MEDIA or its subsidiaries.

LICENSE AND SITE ACCESS
GEEK GIRL MEDIA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GEEK GIRL MEDIA. This license does not include any resale or commercial use of this site or it’s contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GEEK GIRL MEDIA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GEEK GIRL MEDIA and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing GEEK GIRL MEDIAs name or trademarks without the express written consent of GEEK GIRL MEDIA. Any unauthorized use terminates the permission or license granted by GEEK GIRL MEDIA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GEEK GIRL MEDIA so long as the link does not portray GEEK GIRL MEDIA, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GEEK GIRL MEDIA logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. GEEK GIRL MEDIA and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Technical support is only provided to paying Account holders and is only available via email.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GEEK GIRL MEDIA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant GEEK GIRL MEDIA and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GEEK GIRL MEDIA and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify GEEK GIRL MEDIA or its associates for all claims resulting from content you supply. GEEK GIRL MEDIA has the right but not the obligation to monitor and edit or remove any activity or content. GEEK GIRL MEDIA takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS
GEEK GIRL MEDIA and its associates attempt to be as accurate as possible. However, GEEK GIRL MEDIA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by GEEK GIRL MEDIA itself is not as described, your sole remedy is to return it in unused condition.

Warranties
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO GEEK GIRL MEDIA.COM HEREUNDER.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY GEEK GIRL MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. GEEK GIRL MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GEEK GIRL MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEEK GIRL MEDIA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GEEK GIRL MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEEK GIRL MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Service/Feature Testing
From time to time, we test various aspects of our Products and Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

APPLICABLE LAW
By visiting GEEK GIRL MEDIA, you agree that the laws of the Province of Ontario, Canada without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GEEK GIRL MEDIA or its associates and or partners.

DISPUTES
Any dispute relating in any way to your visit to GEEK GIRL MEDIA or to products you purchase through GEEK GIRL MEDIA shall be submitted to confidential arbitration in the province of Ontario, Canada except that, to the extent you have in any manner violated or threatened to violate GEEK GIRL MEDIAs intellectual property rights, GEEK GIRL MEDIA may seek injunctive or other appropriate relief in or federal court in the province of Ontario, Canada and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION
IN NO EVENT SHALL GEEK GIRL MEDIA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, OUR WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS AND SERVICES, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO GEEK GIRL MEDIA ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You shall indemnify Geek Girl Media for damages, costs and attorneys fees that Geek Girl Media incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by Geek Girl Media of any materials provided to Geek Girl Media by you for use in the Products and Services infringe any, copyright, trademark, trade secret or other intellectual property right under Canadian Law. You shall assume the defense of any third-party claim with counsel reasonably satisfactory to Geek Girl Media. Geek Girl Media may employ its own counsel in any such case, and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires Geek Girl Media being indemnified to take or refrain from taking any action or purports to obligate Geek Girl Media being indemnified, then you shall not settle such claim without the prior written consent of Geek Girl Media, which consent shall not be unreasonably withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.

Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your visit to GEEK GIRL MEDIA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff emailing us at: info@geekgirlmedia.ca