MacAppGeeks User Agreement

Acceptance Of This Agreement

Your access to and use of MacAppGeeks (“the Website”) is subject to this User Agreement (“the Agreement”). You will not use the Website for any purpose that is unlawful or prohibited by this Agreement. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this Agreement. If you do not accept this Agreement you must immediately stop using the Website.

Advice

The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.

Changes to Website, Software, and Services

MacAppGeeks reserves the right to:

  • change or remove (temporarily or permanently) the Website or any part of it without notice, and you confirm that MacAppGeeks shall not be liable to you for any such change or removal;
  • change, remove, or discontinue any software, service, or promotion as advertised on this Website at any time without notice, and you confirm that MacAppGeeks shall not be liable for any such change or removal;
  • change this Agreement at any time.

Your continued use of the Website following any changes shall be deemed to be your acceptance of such changes.

Third Party Content

The Website may include links to third party websites that are controlled or maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that MacAppGeeks is not responsible for the content or availability of any such sites.

Portions of the Website may contain the comments and opinions of other users. MacAppGeeks does not assume or have any responsibility or any liability for these comments or opinions.

Copyright

The Intellectual Property Rights in this Website and the materials on or accessible via it belong to MacAppGeeks or its licensors unless otherwise stated. The Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way, except for limited circumstances protected by Fair Use. Any material covered under Fair Use must still contain full and clear attribution to MacAppGeeks.

‘MacAppGeeks’ and the MacAppGeeks Logo are trademarks which belong to ‘MacAppGeeks’ and they may not be used, copied or reproduced in any way without written consent from MacAppGeeks.

For these purposes “Intellectual Property Rights” includes, but is not limited to, the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, logo, art work, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or infringement or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Limitation Of Liability

The Website is provided on an “As Is” and “As Available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, availability and accuracy.

To the fullest extent permitted by law, MacAppGeeks will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, or profits) arising out of or in connection with the use of the Website or the unavailability of the Website.

MacAppGeeks makes no warranty that the functionality or availability of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Indemnity

You agree to indemnify and hold MacAppGeeks and its owners, members, officers, employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against MacAppGeeks or its owners, members, officers, employees or agents arising out of any breach by you of this Agreement or other liabilities arising out of your use of this Website.

Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or MacAppGeeks  from any relevant competent authority, MacAppGeeks shall amend that provision in such reasonable manner as achieves MacAppGeeks’s original intention without illegality or, at MacAppGeeks’s sole discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Applicable Law and Disputes

This Website is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. MacAppGeeks makes no representation, warranty or guarantee that the Website, or any merchandise, products, services, and/or content available on or through the Website are appropriate, available, or legal in any particular geographic location.

In any dispute between you and MacAppGeeks or any of its owners, members, officers, employees or agents, your sole remedy is to stop using your account/profile and/or the Website, including without limitation cancelling any fee-based services. This includes any dispute related to or arising out of:

  • rules, restrictions, limitations, terms and conditions that apply to the Website, whether listed in this Agreement, posted at various points on the Website, or otherwise communicated to you, including MacAppGeeks’s enforcement, non-enforcement, or application of any such rules;
  • any of MacAppGeeks’s policies and/or practices, including MacAppGeeks’s  enforcement, non-enforcement, or application of any such policies and/or practices;
  • any content available on or through the Website, or any edits, deletions, additions, or other changes thereto;
  • your ability or inability to access, visit and/or use portions of the Website, or the Website as a whole, or features, functionality, and/or content available on or through the Website; or
  • the amount, type, and/or basis for determining any fees charges, any changes thereto, or additional fees or charges.

You agree that in the event of any dispute between you and MacAppGeeks or any of its owners, members, officers, employees or agents, you will first contact MacAppGeeks and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.

You agree that, regardless of where you access, visit and/or use the Website, all issues concerning the construction, validity, interpretation and enforceability of the Agreement and its terms and conditions shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in Erie, Pennsylvania, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens. Should there be a conflict between the laws of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of Pennsylvania. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) and shall not include any indirect, punitive, incidental and/or consequential damages.

Entire Agreement

These terms and conditions, together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered, and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any person shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you acknowledge that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any representation which has not been made expressly in this Agreement.