Tek Gear Inc. Terms Of Service


Tek Gear Inc. (“Tek Gear”) offers services (the “Services”) allowing you to share information about your usage of the Twiddler and Twiddler Configurations from Tek Gear’s Website, Tek Gear App or other Tek Gear approved third party Apps (the “App”) at your convenience.

The following Terms of Service (“Terms”) are between you and Tek Gear and constitute a legal agreement that governs your use of the Site, App and Services. You must agree to these Terms before you can use the Site, App and Services. In consideration for your right to access and use the Site, App and Services, you agree as follows:

In these terms, reference to "we", "us", "our" and "ours" refers to Tek Gear and reference to "users", "account holders", "you", "your" and "yours" refers to the person registering with the Site to receive the Services as well as to any non-registered user of the Site and/or Services.

IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.

1) Acceptance of Terms
In order to register to use the Site, App and Services, you are required to indicate your agreement to abide by these Terms through a click-through consent when this option is made available to you by us

  1. when you initially register for the Site, App and Services,
  2. upon the addition or modification of any,
  3. upon a change in your plan or
  4. when we modify these Terms. If you are a non-registered user of the Site and/or Services, then by your continued use of the Site and/or Services, you will be deemed to have accepted these Terms.

2) Modifications and Notices
Tek Gear may revise these Terms, at any time, by updating this posting. Tek Gear may give notice to you of such changes to these Terms by means of a notice the next time you visit the Site or by electronically notifying you of any changes or modifications. You must agree to these changes through a click through consent the next time you visit the Site before you can continue to use the Site, App or Services. Your continued use of the Site, App and Services after the effective date of any changes made constitutes your acceptance of these Terms, as so modified.

3) Registration
Accurate Registration. You must complete a registration form in order to use the Site and our Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form and will update the information to keep it current.

Accounts, Login and Security. You will be assigned an account and asked to choose your own password. You will be responsible for maintaining the security of your account and password and for all uses of the account, the Site, the App and our Services. At its sole discretion, Tek Gear reserves the right to refuse registration of accounts, or cancel any existing accounts, that it deems to be inappropriate. You agree to (a) immediately notify Tek Gear of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Tek Gear will not be liable for any loss or damage arising from your failure to comply with this section.

4) Content and Prohibitions
Content. Tek Gear takes no responsibility for Content (including, without limitation, any viruses or other disabling features), nor does Tek Gear have any obligation to monitor such Content. Tek Gear reserves the right at all times to remove or refuse to distribute any Content on the Site or as part of our Services, including, without limitation, any Content which violates the provisions of these Terms. All programming of Content, including the amount of Content, the size, type and length of Content, and all other matters relating to Content are at the sole discretion of Tek Gear and are subject to change by Tek Gear at any time in Tek Gear’s sole discretion, subject to any applicable law.

Prohibited Activities. Tek Gear may be used only for lawful or appropriate purposes. For example, you may not use the Site, App or Services to:

  • undertake or accomplish any unlawful purpose;
  • upload, post, publish, transmit, reproduce, resell, charge others for, create derivative works of, or distribute in any way, Content, without obtaining any required permission of the owner;
  • violate the rules, regulations, terms of service, or policies applicable to any computer database, service, application, system, or website that you access or use;
  • upload, post, publish, transmit, reproduce, create derivative works of, distribute in any way, monitor or collect obscene, offensive, threatening, abusive, hateful or inappropriate content, including without limitation, pornography, hate speech or other content deemed by Tek Gear, in its sole discretion, to be offensive;
  • encourage conduct that would constitute a criminal offense or give rise to civil liability;
  • cause technical disturbances to Tek Gear, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; or
  • violate or solicit the violation of any applicable local, provincial, state, national or international law

6) Cancellation and Termination.
You agree Tek Gear, in its sole discretion, may, without prior notice, immediately terminate your access to the Site, App and Services, and remove any and all related information, if Tek Gear believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or for any other reason. You agree that Tek Gear shall not be liable to you or any third-party for any termination of your access to the Site, App and Services. Plans that are terminated for cause will not be refunded

7) Limited License
Subject to the terms and conditions of these Terms, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Site, Services, App and Content as provided to you by us solely for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code in, the Site, App and Services, or the Content. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site, App and Services provided by Tek Gear, in the manner permitted by these Terms. Tek Gear shall have the right to determine, in its sole discretion, what constitutes an inappropriate or commercial use of the Site, App and Services or Content. Content must not be reproduced, republished, or disseminated in any manner or form without the prior written consent of Tek Gear or its licensors.

8) Trademarks
Certain words, phrases, names, designs or logos on the Site, including Tek Gear's logo, may constitute trademarks, service marks, or trade names of Tek Gear or others. The display of such marks on the Site does not imply that you have been granted a license by Tek Gear or other entities with respect to them.

9) Privacy Policy
Your personal information we collect is subject to our Privacy Policy which is found on our website.

10) Links
This Site or Content may include links to other Internet sites, solely as a convenience to users. Tek Gear does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Tek Gear makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, materials, products and services on linked sites or available through linked sites is solely at your own risk and governed by the terms of service of the linked site. If there is any conflict between these Terms and any of the terms or notices set forth on any other Internet site, then the terms of that Internet site will control your use of that link. Please review the terms of use for each link so that you understand all of the terms that will apply. Accessing web pages through links on our Site is at your own risk.

11) Technical Support
We will provide you with technical support from 9:00 a.m. to 5:00 p.m. Central Standard Time, Monday through Friday. You may access this technical support via telephone at (204) 988-3001 via e-mail at support@TekGear.com or through the Site.

12) No Warranty
Access to the Site, App, Services and Content are provided "as is" and without warranties of any kind either express or implied. By agreeing to these Terms, you acknowledge and agree that the use and viewing of Content is entirely at your own risk. Tek Gear makes no representation or warranties regarding the Site, App Services or Content, including, without limitation, that the Site, App Services or Content will be available at all times or that the Site or Content will be free from errors, viruses or other harmful components. Tek Gear is not responsible for any Content, or other information on or from the Site or any linked site that you may find offensive, undesirable or objectionable. To the fullest extent permissible pursuant to applicable law Tek Gear disclaims all warranties and conditions, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, Services, App and Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied. Tek Gear is not liable for any warranty on third party, Tek Gear ready devices. Warranty is handled by their respective manufacturers.

13) Limitation Of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL TEK GEAR, ITS OFFICERS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE, APP AND SERVICES OR CONTENT, OR THE ACTIONS OF THIRD PARTIES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT TEK GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14) Indemnity
You agree to indemnify and hold Tek Gear, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns harmless from any claim or demand (including without limitation, reasonable legal fees), made by any third party in connection with your use of the Site, App or Services.

15) International Matters
Tek Gear makes no representation that any of the Site, App or Services is appropriate or available for use in any particular location. Those who choose to access the Site, App or Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16) Miscellaneous
The failure of Tek Gear to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms shall be governed by and construed in accordance with the laws of the Province of Manitoba, and the laws of Canada applicable therein and shall govern as to the interpretation, validity and effect of these Terms, notwithstanding any conflict of law provision or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding arising out of or relating to these Terms. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be transferred or assigned by you, but may be assigned by Tek Gear without restriction. Each party agrees to do and cause all things to be done and execute and deliver all such documents as may reasonably be required in order to carry out the provisions of these Terms.

Last Revised: October 3, 2014

©2017 Tek Gear Inc. Twiddler by Tek Gear