GEEKBOX END USER LICENSE AGREEMENT

This User Agreement (the "Agreement") is a legal agreement between you ("User") and GEEKBOX COMPUTERS, LLC, a Utah Limited Liability Company ("GEEKBOX") (each, a "Party"; together, the "Parties").  By clicking the "I Accept" button below, you will indicate your acceptance of these terms and conditions, at which point this Agreement will become a legally binding agreement between you and GEEKBOX.

ARTICLE 1 - LICENSE GRANT

License

Subject to the terms of this Agreement, GEEKBOX hereby grants User a non-exclusive license to download, install, and use one (1) copy of the GEEKBOX Software on a single computer.  In addition GEEKBOX hereby grants User a non-exclusive license to use the GEEKBOX Material (defined below) under any and all rights held therein by GEEKBOX for the term of this Agreement, and subject to the terms herein.  User shall use and access the software provided by GEEKBOX to the User (the "GEEKBOX Software") only on its own behalf and not on the behalf of any third party.  User shall not alter, modify, decompile, disassemble, reverse-assemble or otherwise reverse-engineer or seek to obtain source code of the GEEKBOX Software or any portion thereof.

 

Ownership; Reservation of Rights

The Parties hereby acknowledge and agree that, as between them, GEEKBOX is the sole and exclusive owner of all right, title and interest, including all intellectual property rights, in and to the GEEKBOX Software and any other works of authorship, inventions, information or materials delivered by GEEKBOX to User, or to which GEEKBOX grants User access (collectively referred to herein as the "GEEKBOX Material"). User represents that User has the right to use the GEEKBOX system on all User data.

 

Lawful Use & Conduct

You are solely responsible for your conduct and your data related to the GEEKBOX Software.  You agree to indemnify, defend, and hold harmless GEEKBOX and its suppliers, affiliates, employees, managers, and all other associated parties, from any and all loss, cost, liability, and expense arising from or related to the loss of and/or content of your data, your use of the GEEKBOX Software, your use of the GEEKBOX Material, or your violation of these terms.

With regard to your use of the GEEKBOX Software, you are solely responsible for your compliance with all applicable laws, rules, and regulations, and must not infringe or violate third party rights.  The GEEKBOX Software is made available to you for your use only, and you may not sell, distribute, or lease the GEEKBOX Software to, or use the GEEKBOX Software on behalf of, any third party.

 

Data Collection & Privacy

GEEKBOX may collect limited amounts of non-personally identifiable data from your computer, including, but not limited to, basic data about your files and information relating to your backups using the GEEKBOX Software, such as how often backups are initiated, volume of data, characteristics of the data, types of files, length of time to complete backups and so on. 

 By using GEEKBOX’s Software you agree to collection and use of data as outlined in our Privacy Policy, which is available on GEEKBOX’s website, as it may be amended from time to time without notice.  Please refer to the GEEKBOX Privacy Policy for how GEEKBOX uses information.

 ARTICLE 2 -REPRESENTATIONS AND WARRANTIES AND LIABILITY LIMITATIONS


 

General Warranty

Each Party hereby represents and warrants to the other that (i) such Party has the right, power, and authority to enter into this Agreement and to fully perform all its obligations hereunder; and (ii) the making of this Agreement does not violate any agreement existing between such Party and any third party.

 

Disclaimer of Other Warranties

EXCEPT FOR THE WARRANTIES SET FORTH IN  "GENERAL WARRANTY" SECTION  ABOVE, GEEKBOX HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WITH RESPECT TO THE GEEKBOX SOFTWARE, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, PARTICULARLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

THE USER UNDERSTANDS AND AGREES THAT THE USER DOWNLOADS AND/OR USES OF THE GEEKBOX SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GEEKBOX SOFTWARE OR SERVICE, ARE PROVIDED AT EITHER THE USERS DIRECTION OR USED IN THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES. 

 

Liability Limitations

UNDER NO CIRCUMSTANCES SHALL GEEKBOX, OR ITS SUPPLIERS, PARENT OR AFFILIATED COMPANIES, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE GEEKBOX SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GEEKBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF GEEKBOX, AND ITS SUPPLIERS, RESELLERS, PARENT OR AFFILIATED COMPANIES, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY THE USER FOR THE GEEKBOX SOFTWARE OR SERVICES. IF THE GEEKBOX SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN GEEKBOX AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE GEEKBOX SOFTWARE OR SERVICE, LOSS OR CORRUPTION OF DATA, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

THE LIMITATIONS SPECIFIED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

ARTICLE 3 –MISCELLANEOUS

 

Termination and Survival

Either Party may terminate this Agreement immediately if the other Party breaches any material provision of this Agreement.  Notwithstanding any other provision contained herein or elsewhere, Articles 2 and 3 and "Ownership; Reservation of Rights" Section in Article 1 of this Agreement, all rights and obligations thereunder, and any protections inuring to the benefit of GEEKBOX shall survive the expiration or any termination of this Agreement. Upon any termination or expiration of this Agreement User shall make no further use of GEEKBOX Material or any passcodes granted hereunder, as applicable, and all such passcodes shall expire and the User shall either destroy or return any and all GEEKBOX Material then in the User’s possession, at GEEKBOX’s option.

 

Governing Law 

This Agreement shall be governed by and interpreted in accordance with the laws of the state of Utah, without reference to conflict of laws principles. In all disputes or litigation hereunder, User stipulates that the exclusive jurisdiction and venue shall be the Third District Court, in and for Salt Lake County, Utah, and that, as material consideration for GEEKBOX providing any products or services to User, User waives jury trial on any matter. The prevailing party in any dispute under this agreement shall be entitled to its costs and attorney fees from the non-prevailing party. This entire provision shall survive the termination or expiration of this Agreement.

 

Assignment

User shall not assign or delegate this Agreement or any of User's rights or duties hereunder, directly, indirectly, by operation of law, or otherwise and any such purported assignment or delegation shall be void, except with the express written permission of GEEKBOX in its sole discretion.

 

Trademarks, Service Marks, and Other Intellectual Property

All trademarks, service marks or other similar items appearing on the GEEKBOX Software or Service are the property of their respective owners, including, without limitation the GEEKBOX, LLC.

The GEEKBOX Software or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the GEEKBOX Software or Services shall remain with the respective owners of those rights and its licensors. The User agrees not to take any action to jeopardize, limit, or interfere in any manner with GEEKBOX’s or its licensor’s ownership of or rights with respect to the GEEKBOX Software or Services.

 

No Waiver

The failure of either Party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by the other Party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions.

 

Entire Agreement

The terms and conditions herein contained constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all previous and contemporaneous agreements and understandings between the Parties hereto with respect to the subject matter hereof.

 

Partial Invalidity

If any provision of this Agreement or any application thereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of other provisions of this Agreement or of any other application of such provision shall in no way be affected thereby.

 

Export Restrictions

You acknowledge that the GEEKBOX Software is subject to restrictions and controls imposed by the United States Export Administration Act and the regulations promulgated thereunder (the "Act").  You represent and warrant that the GEEKBOX Software is not being, and will not be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and will not be used for any purpose prohibited by the same.  You agree that you are solely responsible for complying with all laws and regulations of any foreign country, including the Act, related to the use of the GEEKBOX Software and encryption technology, at your expense.  GEEKBOX disclaims any and all liability incurred by you as a result of your use of the GEEKBOX Software in any foreign country.

Third Party Acknowledgements

Portions of the GEEKBOX Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the "online" electronic documentation for the GEEKBOX Software or may otherwise accompany such material, and your use of such material is governed by their respective terms.

Scroll to Bottom to Accept Terms and Conditions

By clicking the Submit button on the previous page, you expressly authorize GeekBox and their agents and affiliates to call you at the telephone number you entered above using an automatic telephone dialing system regarding our products and services. You certify that this is your own telephone number and that if it is not your number, you will indemnify us from any claims related to the owner's objection to future calls. Consent is not required in order to buy as you can also visit any of our retail locations. You hereby (a) give the Company, through one or more of its employees, agents or affiliates or through any third party service provider, the right to remotely access your computer systems, computers, software, network devices, servers, phones, tablets, mobile devices, peripherals and/or any other hardware, systems or devices (collectively “Computer Systems and Devices”) covered by the Services; (b) grant to the Company, through one or more of its employees, agents or affiliates or through any third party service provider, necessary and reasonable access to your Computer Systems and Devices covered by the Services on your premises; (c) give the Company, through one or more of its employees, agents or affiliates or through any third party service provider, the right to open, view, modify, edit, delete, or otherwise manipulate your computer software, applications, data, and data storage media including, without limitation, the computer operating system, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on your Computer Systems and Devices covered by the Services; and (d) give the Company, through one or more of its employees, agents or affiliates or through any third party service provider, the right to download and/or install software or other products on your Computer Systems and Devices covered by the Services, including without limitation, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware which the Company may elect to install. You are solely responsible for all acts, omissions and use under, and charges incurred with, all of your accounts with the Company (including any secondary accounts or sub-accounts registered to one or more of your primary accounts), including, without limitation, all acts, omissions and use by persons other than you, with or without your permission; In the course of using the Services, you may submit or otherwise provide data and other content (“Content”) to the Company and/or any person or entity upon which the Company relies to host or provide any Licensed IP (as defined below), computer server, website or services on behalf of the Company (“Third Party Provider”). You acknowledge and agree that you are responsible for any Content you submit or otherwise provide to the Company and/or a Third Party Provider. You also agree that you have obtained all necessary rights and licenses to any such Content. You hereby grant the Company and its Third Party Providers a worldwide, royalty-free, non-exclusive, irrevocable, perpetual, transferable, sub-licensable right and license to use, copy, store, transmit and disclose your Content to fulfill its obligations and provide the Services described in this Agreement. The Company reserves, on behalf of itself and its Third Party Providers, the right to delete any such content at any time in its sole discretion without notice or liability. It is of utmost importance that Customer protects all data and software on any covered computer system at all times. GeekBox is not responsible for loss of time, inconvenience, loss of data or software, inadvertent disclosure of data, loss of files, or any other direct, incidental, or consequential damage loss caused by a covered computer system failing to properly operate, or caused by any fault or negligence of GeekBox. Even though GeekBox may attempt to backup and transfer certain data, and attempts to avoid situations where Customer data or software is lost, such occurrences of data loss, for a variety of reasons, are common. Customer agrees that prior to delivering a computer for service, Customer has independently backed up all software and data on the computer, and is prepared for, and expects that all data may be lost on the computer during or following any repair procedure, and Customer specifically agrees and understands that this document is intended to limit the liability of GeekBox for such data losses. Customer warrants that there is no illegal data or software content on any computer left for Warranties service.

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GeekBox Computers, LLC Privacy Policy

This privacy policy sets out how GeekBox Computers, LLC and its family of companies (hereinafter collectively “SEB”) uses and protects any information that you give SEB (“Customer Information”), when you use its products and services. SEB is a computer hardware and software retailer, offering a diverse selection of services including, technical support, industry leading computer hardware sales of every kind, backup solutions, mobile computing solutions, networking solutions and diagnostics, digital entertainment solutions, and the like.

SEB is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using SEB’s products or services you can be assured that such information will only be used in accordance with this privacy statement. SEB may change this policy from time to time without notice. You should periodically check with SEB from time to time to ensure that you are happy with any changes. This policy is effective from January 1, 2010.

SEB collects Customer Information in a variety of settings. For example, when a party purchases a computer SEB collects a variety of Customer Information for sales, service and warranty purposes; when a Customer originates a call for technical support, logs onto a SEB website, brings a computer for repair or warranty service, SEB, depending on the circumstances, might collect the following information:

  • Name.
  • Contact information including email address.
  • Computer hardware or software information.
  • IP address, and ISP.
  • Other information relevant to customer needs.

Depending on the circumstances, SEB collects various information to understand your needs and provide you with extraordinary service, and in particular for the following reasons:

  • Internal record keeping, accounting, auditing, and customer service evaluation.
  • Warranty tracking.
  • Improving SEB’s products and services.
  • Sending promotional materials about new or improved SEB products, or services and other information which we think you may find interesting using the email address which you have provided. 
  • We will never sell or lease your information.

Security 
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies 
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. 

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. 

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. 

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked for personal information you may inform us that you want your information used only in certain ways; and,
  • if you have previously agreed for us to use your personal information for any purpose, you may change your mind at any time by notifying SEB in writing at the following address: 10288 S. Jordan Gateway; Suite D; South Jordan, UT 84095.           

We will not sell or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about SEB products and services.

GeekBox Computers does not knowingly collect personal information from children under the age of 13. If we learn that we have collected personal information on a child under the age of 13, we will delete that data from our systems. GeekBox Computers encourages parents and guardians to go online with their children. Here are a few tips to help make a child's online experience safer:

  • Teach children never to give personal information (such as name, address, phone number, school, etc.) unless supervised by a parent or responsible adult.
  • Know the sites your children are visiting and which sites are appropriate.
  • Look for website privacy policies. Know how your child's information is treated.

If you believe that any Customer Information is incorrect or incomplete, please write to or email us as soon as possible. SEB will promptly correct any information found to be incorrect.

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