1. Introduction
Last Updated May 19th, 2022
The website you have entered including (sub-domains, affiliated websites, mobile versions, and any services available therefrom) is a copyrighted work owned and operated by MAURICE SECOND GEAR INC, Geerzy™, and its subsidiaries, parents, and affiliates.
Unless a user has executed a separate and binding agreement with TeamGeerzy regarding the use of its services, these Terms of Service (the “Agreement”) exclusively govern the access to and use of the Services defined in the Terms of Service. and any associated content-related updates, upgrades, and features. These Terms of Service constitute a binding legal agreement between the user and TeamGeerzy. The Terms of Service are also binding on all companies, organizations or other legal entities for which a representative uses the Services. In addition, TeamGeerzy is intended for those who are 13 years of age or older.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND/OR USING THE SERVICES, YOU ARE THEREBY CONFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU SHALL NOT ACCESS OR USE ANY OF THE SERVICES.
In conjunction with the Terms of Service, TeamGeerzy’s Privacy Policy can be accessed on the TeamGeerzy Website. In addition to agreeing to the Terms of Service, users also agree to the terms of the Privacy Policy.
2. Representations and Warranties
By using the Services discussed herein, the user represents and warrants that you have the right, power, and authority to enter into this Agreement. The user further acknowledges and agrees that all information submitted to TeamGeerzy is truthful and does not infringe the Intellectual Property Rights of any party.
You agree, to the maximum extent of the law, to defend, indemnify, and hold TeamGeerzy, its officers, employees, and agents, harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with: (i) your access to or use of any of the Services; (ii) Your Content; or (iii) your violation of this Agreement.
3. Intellectual Property Rights and Licenses
TeamGeerzy hereby grants users a personal, limited, non-transferable, revocable, and non-exclusive license to use the Services for non-commercial use. Company reserves all rights to title and interest in the Services and all associated Intellectual Property Rights. Geerzy™ and all related property is protected by copyright, trademark, and other laws of Canada, the United States and other foreign countries. You will not remove or alter any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services.
In accordance with the terms of this Agreement only, the user owns all right and interest in the content created by the user. TeamGeerzy, pursuant to this Agreement, has a non-exclusive, irrevocable, perpetual license to transmit, reproduce, and distribute the user’s content for any reason. TeamGeerzy further reserves the right to remove any content at its sole discretion.
4. Disclaimers and Limitation of Liability, Indemnification
Services are provided on an “as is” and “as available” basis, and TeamGeerzy disclaims all warranties, conditions, and representations (express, implied, oral, and written) with respect to the Services. This applies to the maximum extent permitted by applicable law. To the maximum extent permitted by law, neither TeamGeerzy, its licensors, affiliates, or agents, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Services, as defined herein. TeamGeerzy, its licensors, affiliates, or agents shall not be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with the Services or this Agreement.
COMPANY’S LIABILITY FROM ALL CAUSES OF ACTION RELATED TO THE SERVICES ARE LIMITED AND IN NO EVENT WILL COMPANY BE LIABLE TO USERS FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THESE LIMITATIONS SURVIVE THE TERMINATION OF THE AGREEMENT AND AFTER ANY LIMITED REMEDY DID NOT RESULT IN DAMAGES AWARDED TO THE USER.
YOU FULLY AND FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS (INCLUDING NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND SERVICES.
5. Arbitration and Choice of Law
Any dispute arising in connection with the Agreement, unless otherwise stated in this Agreement, shall be settled through arbitration with arbitration to be handled by The American Arbitration Association (AAA). The parties agree that any arbitration shall be conducted in their individual capacities only and not as a class action lawsuit. However, either party may bring an action in court in regards to claims intellectual property rights, including without limitation to seek injunctive relief.
The Agreement is governed by and construed in accordance with the laws of the Province of Ontario. Any action to enforce any rights herein shall be brought within the Province of Ontario.
6. Termination
The Terms set forth in this Agreement shall survive termination of this Agreement unless otherwise stated in this Agreement. This term length of the Agreement shall continue until the Agreement is terminated pursuant to this section.
Either party may terminate this Agreement at any time. Further, TeamGeerzy may terminate the Agreement if a user materially breaches any provisions of this Agreement with immediate effect. At the time of termination of this Agreement, the user shall cease the use of any TeamGeerzy Services or materials. The company has the discretion to terminate or restrict access to the Services at any time, for any reason, without notice and/or liability.
7. Interpretation of Services and Content
All information and content provided by Company is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness of any such information. TeamGeerzy does not exist to create content or information that is intended to provide financial, legal, or other professional advice. User acknowledges that they access said information at their own risk.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, OR FRANCHISEES OF COMPANY. COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR USER SERVICES PERFORMED IN ANY MANNER.
8. Prohibited Conduct and Content
Users shall not use the Services of TeamGeerzy in any manner which could damage or impair the functionality of TeamGeerzy’s Services, nor shall users attempt to obtain any materials or information through any means not intentionally made available by TeamGeerzy. Users shall not harass, defame, threaten or defraud other users, nor shall users impersonate an entity or person or fraudulently claim an affiliation or an association with an entity or person.
Company also reserves the right to take any legal action available to the maximum extent of the law to prevent the unauthorized use of the Services.
9. Severability
In case any provision in this Agreement shall be deemed invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
10. Modifications
TeamGeerzy, at its sole discretion, reserves the right to modify or terminate this Agreement and the Services at any time and without notice. If the Agreement is modified, the current Agreement will state that is was “Last updated” at the top of the Agreement. If a user continues to use the Services after a modification has been done, the user has confirmed that they agree to be bound by the modified Terms.
If you have any questions regarding use of the Services or compliance with these Terms, please contact us at contact@geerzy.com.