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
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:
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
[email protected] 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