Welcome to GamingGeek.ca (the “GamingGeek.ca site”). The services on this site are offered to you by Gaming Geek (a division of Sidetrail Media Inc.) subject to the following conditions. If you visit or shop at the GamingGeek.ca site, you accept these conditions. Please read them carefully. When you use any current or future GamingGeek.ca service or visit or purchase from any business affiliated with GamingGeek.ca, whether or not included in the GamingGeek.ca site, you will be subject also to the guidelines and conditions applicable to such service or business.
When you visit the GamingGeek.ca site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the GamingGeek.ca site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the GamingGeek.ca site – such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software – is the property of GamingGeek.ca or its affiliates or content suppliers, and is protected by Canadian and international copyright, trademark and other laws. The compilation of all content on the GamingGeek.ca site is the exclusive property of GamingGeek.ca and protected by Canadian and international copyright, trademark and other laws. All software used on the GamingGeek.ca site is the property of GamingGeek.ca or its affiliates or its software suppliers, and protected by Canadian and international copyright, trademark and other laws.
Permission to Use the Web Site
You may use the GamingGeek.ca site only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Gaming Geek reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain games). Gaming Geek ships products only to addresses in Canada and the United States.
If you use the GamingGeek.ca site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gaming Geek does sell products for children, but it sells them to adults who are permitted to purchase products with a credit card. If you are under 18, you may use GamingGeek.ca only with involvement of a parent or guardian. Gaming Geek and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from GamingGeek.ca are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Gaming Geek and its affiliates attempt to be as accurate as possible. However, Gaming Geek does not warrant that product descriptions or other content of the GamingGeek.ca site are accurate, complete, reliable, current, or error-free. If a product offered by Gaming Geek itself is not as described, your sole remedy is to return it in unused condition.
We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Gaming Geek does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should review their privacy statements and other Terms and Conditions carefully.
Disclaimer of Warranties and Limitation of Liability
THE GAMINGGEEK.CA SITE IS PROVIDED BY GAMING GEEK ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAMING GEEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMING GEEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAMING GEEK DOES NOT WARRANT THAT THE GAMINGGEEK.CA SITE, ITS SERVERS, OR E-MAIL SENT FROM GAMINGGEEK.CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GAMING GEEK AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THESE TERMS AND CONDITIONS INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY GAMING GEEK OR ANY PERSON FOR WHOM GAMING GEEK IS RESPONSIBLE, AND EVEN IF GAMING GEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law and Dispute Resolution
These Terms and Conditions, your access to and use of the GamingGeek.ca site, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada. Any dispute between you and Gaming Geek or any other person arising from, connected with or relating to the GamingGeek.ca site, these Terms and Conditions, or any related matters (collectively “Disputes”) will be resolved before the Courts of Ontario, sitting in the Town of Richmond Hill, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
Entire Agreement, Site Policies, Modification, and Severability
These Terms and Conditions enure to the benefit of and are binding upon each of Gaming Geek and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign them or the rights and obligations under them. Gaming Geek may assign these Terms and Conditions and its rights and obligations under them without your consent. This Agreement is the entire agreement between us concerning your use of this site, except for any agreement concerning your purchase of goods through the site, and replaces all previous agreements between us in relation thereto. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. Any changes or revisions will be effective immediately upon their posting on the GamingGeek.ca site. Your use of the GamingGeek.ca site will be subject to the version of the Terms and Conditions posted on this site at the time of such use. Accordingly, you are advised to review the Terms and Conditions prior to using the GamingGeek.ca site. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE GAMINGGEEK.CA SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.