Terms of Service

New Tech Geek believes in protecting user privacy. Please refer to our Privacy Policy for information about how New Tech Geek uses and collects information on the New Tech Geek Service.

Content in the New Tech Geek Services

New Tech Geek local search results allow you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, and other related information provided by New Tech Geek, its licensors, and its users (the “Content”). You understand and agree to the following:

(a) Map data, directions, and related Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You are ultimately solely responsible for safe travels and you should always exercise judgment in your use of this Content.

(b) By using the New Tech Geek Services, you do not receive any, and New Tech Geek and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under these Terms of Service, unless you have been specifically permitted to do so by New Tech Geek or by the owner of that Content in a separate agreement.

(c) Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned or licensed by such third parties. You may be held liable for any unauthorized copying or disclosure of this Content. Your use of this Content, including but not limited to printing or use in marketing or promotional materials, is subject to the restrictions in these Terms of Service.

Content Linked to by New Tech Geek

New Tech Geek makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party sites accessible by hyperlink from the New Tech Geek Service, or sites linking to the New Tech Geek Service. These linked sites are not under the control of New Tech Geek and New Tech Geek is not responsible for the content of any linked site or any link contained in a linked site, or any review, change or update to such sites. You acknowledge that such linked sites may contain adult-oriented, harmful, obscene, hateful, illegal or offensive content. New Tech Geek is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by New Tech Geek of the site or any information contained therein. When leaving the New Tech Geek site, New Tech Geek’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

New Tech Geek Accounts

In order to access some features of the New Tech Geek Services, you will have to create a New Tech Geek account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify New Tech Geek immediately of any breach of security or unauthorized use of your account.  Although New Tech Geek will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of New Tech Geek or others due to such unauthorized use.
New Tech Geek will terminate your access to its Services if, under appropriate circumstances, you are determined to be a repeat infringer.  New Tech Geek reserves the right to decide whether your User Submissions are appropriate, comply with these Terms of Service, do not include pornography, obscene or defamatory material, and are not excessive in length. New Tech Geek may remove such User Submissions and/or terminate your access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Content You Submit

New Tech Geek visitors may post or submit reviews, comments, photos, text, audio or video content (collectively “User Submissions”) in accordance with these Terms of Service and New Tech Geek policies. You understand that whether or not such User Submissions are published, New Tech Geek does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them.

You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to New Tech Geek, you hereby grant New Tech Geek a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the New Tech Geek Services and New Tech Geek’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the New Tech Geek Services (and derivative works thereof) in any media formats and through any distribution channels. You also hereby grant each user of the New Tech Geek Services a non-exclusive license to access your User Submissions through the Services, and to use, reproduce, make derivative works of, distribute, display and perform such User Submissions as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by you in User Submissions are perpetual and irrevocable. You understand and agree, however, that New Tech Geek may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize New Tech Geek to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the New Tech Geek Services and these Terms of Service. In connection with User Submissions, you further agree that you will not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant New Tech Geek all of the license rights granted herein, or (ii) contrary to applicable local, national, and international laws and regulations.

New Tech Geek does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and New Tech Geek expressly disclaims any and all liability in connection with User Submissions. New Tech Geek does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and New Tech Geek will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. New Tech Geek reserves the right to suspend or remove User Submissions for any other reason without prior notice.

Personal Use Only

The New Tech Geek Services are made available for your personal, non-commercial use only. Prohibited commercial uses do not include uploading User Submissions to New Tech Geek, or maintaining your business’ information on the New Tech Geek Services, to promote your business or artistic enterprise; or any use that New Tech Geek expressly authorizes in writing. We encourage you to use the New Tech Geek Services to search for information, browse and discover new web sites, or to shop for online products and services.

You are prohibited from making any use of the New Tech Geek Service other than personal non-commercial use, including, without limitation:

(a) any resale or commercial use of the New Tech Geek Service or Content therein;

(b) the collection and use of any product listings or descriptions;

(c) making derivative uses of the New Tech Geek Service or its Contents; or

(d) use of any data mining, robots or other data gathering and extraction methods.

You are not granted any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of New Tech Geek or any third party. You may not take the results from a New Tech Geek search and reformat and display them, or mirror the New Tech Geek home page or results pages on your Web site. You may not “scrape” or “meta-search” New Tech Geek without an express written agreement with us. If you want to make commercial use of the New Tech Geek Services, you must enter into a written agreement with us in advance. Please contact us for more information.

  • In using the New Tech Geek Service, you agree to observe the following requirements (unless you have otherwise obtained New Tech Geek’ prior written consent):
  • To comply with these Terms of Service, and all applicable local, state, national and international laws and regulations that relate to your use of or activities on the New Tech Geek Service.
  • Not to disrupt or interfere with the security of, or otherwise abuse, the New Tech Geek Service, or any services, system resources, accounts, servers or networks connected to or accessible through the New Tech Geek Service or affiliated or linked Web sites;
  • Not to disrupt or interfere with any other user’s enjoyment of the New Tech Geek Service or affiliated or linked Web sites; or
  • Not to attempt to obtain unauthorized access to the New Tech Geek Service or portions of the New Tech Geek Service that are restricted from general access.
  • Not to use framing techniques to enclose any New Tech Geek web page, Content, trademark, logo or other proprietary information (including the images found at the New Tech Geek Service, the Content of the New Tech Geek Service, or the layout/design of any page or form contained on a page).
  • Not to use any meta tags or any other “hidden text” from the New Tech Geek Service.

Linking

You are welcome to create a hyperlink to the New Tech Geek Service. Please do so in a manner that does not portray New Tech Geek or any of its products and services in a false, misleading, derogatory or defamatory manner. If you would like to use a New Tech Geek logo or other proprietary graphic or trademark of New Tech Geek to link to the New Tech Geek Service, please contact us and we will, in most cases, be happy to provide you with express written permission to do so. This permission may be revoked at any time at New Tech Geek’s sole discretion.

Removal of Content

New Tech Geek’s indices consist of information, Content and User Submissions that have been identified, indexed, processed and compiled through automated processes with no advance review by New Tech Geek. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, New Tech Geek cannot and does not screen anything made available through the New Tech Geek Services and generally cannot accommodate requests to remove or edit information in our indices. If you do not wish your website to be indexed and made available through the New Tech Geek Services, please follow the steps described in the New Tech Geek FAQ, accessible from the home page of this site.

Caching and Cached Content

New Tech Geek stores many web pages in its cache to retrieve for users as a back-up in case the page’s server temporarily fails. Site owners may block New Tech Geek from returning cached versions of their pages by using the NOARCHIVE meta-tag. Site owners may also request immediate removal of cached page from the New Tech Geek Service. New Tech Geek evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted. The steps necessary to remove cached pages and/or to prevent a site from being cached are described in the New Tech Geek FAQ, accessible from the home page of this site.

Copyright Policies

All New Tech Geek Service materials, including, without limitation, the New Tech Geek logo, design, text, graphics, other files, and the selection and arrangement thereof are owned by New Tech Geek and/or its licensors ALL RIGHTS RESERVED. Except as stated herein, none of the material on the New Tech Geek Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of New Tech Geek or the respective copyright owner. Permission is granted to display and use the materials on the New Tech Geek Service for personal, noncommercial and informational use only.

New Tech Geek has a copyright policy for resolving allegations that any content displayed on New Tech Geek infringes copyrights of third parties. Please see our Copyright Policy for more information.

Trademarks

“New Tech Geek” and the related product and service names contained in the New Tech Geek Service are trademarks of New Tech Geek and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of New Tech Geek. All other trademarks, product names and company names or logos mentioned or contained on the New Tech Geek Service are the property of their respective owners.

Disclaimer of Warranties

New Tech Geek disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the New Tech Geek Services results. New Tech Geek disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. New Tech Geek disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the New Tech Geek Services.

THE NEW TECH GEEK SERVICES, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE NEW TECH GEEK SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. NEW TECH GEEK AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEW TECH GEEK AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE NEW TECH GEEK SERVICES. NEW TECH GEEK AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED ON OR THROUGH THE NEW TECH GEEK SERVICES OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NEW TECH GEEK SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE NEW TECH GEEK SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NEW TECH GEEK OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE NEW TECH GEEK SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF NEW TECH GEEK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NEW TECH GEEK SERVICES, FROM INABILITY TO USE THE NEW TECH GEEK SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE NEW TECH GEEK SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NEW TECH GEEK SERVICES OR ANY CONTENT, INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE NEW TECH GEEK SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE NEW TECH GEEK SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NEW TECH GEEK SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

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

Without limiting the foregoing, under no circumstances shall New Tech Geek or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures (e.g., loss of or fluctuations server room power or ventilation), electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.

Indemnification

You agree to indemnify and hold harmless New Tech Geek from any claim, action, demand, loss, cost, expense or damages (including attorneys’ fees) made against or incurred by New Tech Geek or its affiliates, officers, directors, agents, licensors and business partners arising out of or relating to: (i) your use of and access to the New Tech Geek Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions or any other act caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Service and your use of the New Tech Geek Services.

Applicable Law

You agree that: (i) the New Tech Geek Services shall be deemed solely based in the Province of Nova Scotia, Canada; and (ii) the New Tech Geek website shall be deemed a passive website that does not give rise to personal jurisdiction over New Tech Geek, either specific or general, in jurisdictions other than the Province of Nova Scotia. These Terms of Service shall be governed by the internal substantive laws of the Province of Nova Scotia, without respect to its conflict of laws principles. Any claim or dispute between you and New Tech Geek that arises in whole or in part from your use of the New Tech Geek Services shall be decided exclusively by a court of competent jurisdiction located in the Province of Nova Scotia. YOU AND NEW TECH GEEK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NEW TECH GEEK SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Changes in Terms and Conditions and New Tech Geek Services

We may modify or terminate any and all aspects of our Services from time to time, for any reason, and without notice or liability to you or any third party. We reserve the right to modify these Terms of Service from time to time by posting the revised terms on this web page without further notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Your use of the New Tech Geek Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

New Tech Geek reserves the right, without notice and in its sole discretion, to terminate your permission to use the New Tech Geek Services, for any or no reason, and to block or prevent your future access to and use of the New Tech Geek Services.

Miscellaneous

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

REVISED:  October, 2011