TERMS OF SERVICE
Updated November 21, 2024
Please read these Terms of Service (or Terms, as further described in Section 1.4) carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using George The Tech's Services, you agree to comply with and be bound by these Terms, as applicable to you.
NOTE: IMPORTANT NOTICE: Section 9 of these Terms of Service contains a binding arbitration provision and class action waiver that may affect your legal rights. Please read Section 9 very carefully.
1. Accepting These Terms
1.1 What's What.
George The Tech's products, features, and services are available online through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content contained in or delivered via the Services or otherwise made available by George The Tech in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post, or make available using the Services is "Your Content."
1.2 Who's Who.
When these Terms use the term "Tech Team," we mean technicians using the Services to support George The Tech clients ("Clients") using our Services (a) to consume information about or attend Services ("Services"), or (b) for any other reason. Tech Teams, Clients, and third parties using our Services are all referred to in these Terms collectively as "Users," "you," or "your."
When these Terms use the term "George The Tech," "we," "us," or "our," that refers to George The Tech Enterprises, Inc. and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees.
If you are a User located in any jurisdiction, you are contracting with George The Tech, with its principal place of business at 1021 Doreen Place, Apt 3, Venice, CA 90291 USA.
1.3 What Else.
If you are a Tech Team offering Services with paid amounts, George The Tech's Code of Conduct and Privacy Policy are applicable to you. (Some, but not all, of the terms in those agreements are duplicated in these Terms of Service.) And, by agreeing to these Terms of Service, you acknowledge you have read the Code of Conduct and Privacy Policy (including Cookie Statement) applicable to all Users. We may sometimes provide you with services that are not described in these Terms of Service, or customized services: unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Service, these Terms of Service will apply to those services as well.
1.4 What the "Terms of Service" Means.
These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise George The Tech's "Terms." These Terms are a legally binding agreement between you and George The Tech governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, "you" and "your" will refer to that entity as well as yourself.
2. George The Tech's Services and Role
2.1 What We Do.
George The Tech's Services provide a simple and quick means for our Tech Team to provide their services to Clients. Descriptions of other and more specific services can generally be found on George The Tech's website.
2.2 How We Fit In.
George The Tech is the creator, organizer, and owner of the Technical Services listed on the Services. The Tech Team members are responsible for ensuring that any content during a Service on the Services meets all applicable local, state, provincial, national, and other laws, rules, and regulations, and that the services are delivered as described and in an accurate, satisfactory manner. All transactions on George The Tech use a third party to process the payment; thus, George The Tech does not process the transaction but transmits the Consumer's payment details to the payment provider.
3. Privacy and Consumer Information
3.1 We know your personal information is important to you, and it is important to George The Tech too. Information provided to George The Tech by Users is governed by our Privacy Policy and Non-Disclosure Agreements.
3.2 If you are a Tech Team member, you represent, warrant, and agree that (a) you will at all times comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to information you collect from (or receive about) Clients, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) Clients.
4. Term; Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or George The Tech decides it is best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions may remain applicable to both you and George The Tech.
4.2 George The Tech may terminate your right to provide Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by George The Tech; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national, and other laws, rules, and regulations or would expose George The Tech to legal liability. George The Tech may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in George The Tech's sole discretion, failure to do so would materially prejudice you. You agree that George The Tech will not be liable to you or any third party as a result of its termination of your right to use or otherwise access the Services.
4.3 If you are a Tech Team member or Consumer using the Services without a registered account, your option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, these Terms remain in effect. If there is a separate agreement between you and George The Tech governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses).
5. Release and Indemnification
This is where you agree to cover George The Tech if you use the Service in a way that causes George The Tech to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
5.1 Release.
You hereby agree to release George The Tech from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any Service listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
5.2 Indemnification.
You agree to defend, indemnify, and hold George The Tech and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, and employees harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms, agreements, or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national, or other law, rule, or regulation or the rights of any third party; (d) George The Tech’s collection and remission of taxes; and (e) if you are a Tech Team, your Services (including where George The Tech has provided Services with respect to those Services), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of George The Tech's gross negligence or willful misconduct. George The Tech will provide notice to you of any such Claim, provided that the failure or delay by George The Tech in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, George The Tech may choose to handle the Claim ourselves, in which case you agree to cooperate with George The Tech in any way we request.
6. Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. George The Tech expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, George The Tech makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that George The Tech has no control over and does not guarantee the quality, safety, accuracy, or legality of any Service or Content associated with a Service, the truth or accuracy of any information provided by Tech Teams or Users (including the Consumer's personal information shared with Tech Teams in connection with Services), or the ability of any User to perform or actually complete a transaction. George The Tech has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that George The Tech requires to provide the Services, that a Tech Team chooses to assist with a Service, or that you choose to contract with when using the Services.
You understand and agree that some Services may carry inherent risk, and by participating in those Services, you choose to assume those risks voluntarily. For example, some Services may carry a risk of bodily injury, mental stress, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
7. Limitation of Liability
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, George The Tech and any person or entity associated with George The Tech's provision of the Services (e.g., an affiliate, vendor, strategic partner, or employee) ("Associated Parties"), will not be liable to you or any third party, for:
(a) any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if George The Tech has been advised of the possibility of such damages); or
(b) Your Content.
In addition, other than the obligation of George The Tech to pay out Service registration fees in certain circumstances to certain Tech Team members under the Affiliate Agreement, and only in accordance with the terms therein, the maximum aggregate liability of George The Tech or Associated Parties is limited to the following:
(i) for Tech Team members of Services with paid proceeds, and subject to the terms of the Affiliate Agreement, the fees (net of George The Tech's Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and
(ii) for Tech Team members of Services with free tickets only, Consumers, or other Users, (1) the total amount of all Service registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, fifty U.S. dollars (US $50).
7.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract, breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the maximum extent permitted by law.
8. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT CLASS, CONSOLIDATED, OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED, AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first via email at service@georgethe.tech. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, provincial, state, or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to the legal disputes between you and us. It includes, but is not limited to:
(i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
(ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and
(iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(d) Exceptions.
Notwithstanding this Agreement to arbitrate, either party may
(i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or
(ii) bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state, provincial, or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights ("Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
(e) No Class Actions.
YOU AND GEORGE THE TECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send the other a written Notice of Dispute ("Notice"). The Notice must:
(i) describe the nature and basis of the claim or dispute; and
(ii) set forth the specific relief sought.
If George The Tech and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or George The Tech may commence an arbitration proceeding.
(g) Arbitration Proceedings.
The arbitration will be governed by the Canadian Arbitration Association ("CAA") and administered by the CAA and settled by a single arbitrator.
(h) Costs of Arbitration; Legal Fees.
Both parties will bear their own legal fees unless the arbitrator decides otherwise.
(i) Opt Out.
You have the right to opt out of arbitration by providing written notice within thirty (30) days of agreeing to these Terms.
9. License to George The Tech Services
9.1 License to Services.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use our Services solely to (a) browse the Services and search for, view, register for, or purchase Services on the Services; and/or (b) create Service registrations, perform support Services, and manage them.
9.2 Restrictions.
You agree not to copy, modify, or exploit the Services for commercial purposes or violate any intellectual property rights.
10. Fees and Refunds
10.1 Fees Charged.
George The Tech may charge fees for access to Services or other features. Tech Team members may also be subject to fees incurred in direct connection with those Services.
10.2 Refunds.
Refunds are generally available for cancellations up to 24 hours before a Service. If cancellation occurs within 24 hours a credit will be retained and applied to a future Service.
11. Annual Contract Agreement
This Annual Contract Agreement ("Agreement") is entered into as of date of the first payment ("Effective Date") by and between George The Tech Enterprises, Inc. ("Service Provider") and ("Client") (collectively referred to as the "Parties").
11.1. Services Provided
The Service Provider agrees to provide Services as stated on the web page georgethe.tech/membersignup to the Client as outlined in the Membership Level purchased (the "Services"). These Membership Levels are as follows (but not limited to): Blue Steel, Bronze, Silver, Gold, Platinum
These Services are to be delivered as part of an annual agreement as detailed in this document.
11.2. Term of Agreement
This Agreement shall commence on the Effective Date and remain in effect for a period of twelve (12) months ("Term"), unless otherwise terminated in accordance with Section 7 below.
11.3. Payment Terms
11.3.1 Total Payment Amount:
The Client agrees to pay the total amount shown at georgethe.tech/membersignup for the Services rendered under this Agreement. This amount is non-refundable except as outlined in Section 7.
11.3.2 Payment Schedule:
The Client shall make payments as follows:
(a) Option 1 – Full Payment: A one-time payment at a discounted rate equivalent to 10 months of Installment payments is due at the start of the membership.
(b) Option 2 – Installments: Payments divided into 12 equal installments on a recurring and autopayment processing basis.
11.3.3 Method of Payment:
Installment Payments shall be made via Stripe’s supported electronic processing methods, as outlined in the Service Provider’s invoice. Full Payment may additionally be made via check payable to “George The Tech”.
11.3.4 Late Payments:
Failure to make payments may result in the suspension of Services, but does not end the annual agreement or obligation to pay the entire amount due at the end of the year period.
11.4. Client Obligations
The Client agrees to: (a) Provide all necessary materials, information, and access required for the Service Provider to perform the Services in a timely manner.
(b) Make payments in accordance with the terms specified in Section 11.3.
11.5. Non-Cancellation Clause
The Client acknowledges and agrees that this Agreement constitutes a binding annual commitment. Regardless of whether the Client continues to use the Services during the Term, the Client is obligated to pay the full amount due under this Agreement as outlined in Section 11.3. Early termination by the Client does not release the Client from their obligation to complete all payments.
11.6. Service Provider Obligations
The Service Provider agrees to: (a) Provide the Services outlined in this Agreement in a professional and timely manner.
(b) Communicate any delays or disruptions in the delivery of Services.
11.7. Termination and Refunds
11.7.1 Termination for Cause:
Either Party may terminate this Agreement immediately in the event of a material breach by the other Party, provided the breaching Party fails to remedy the breach within 30 days of receiving written notice.
11.7.2 Termination by the Service Provider:
If the Client fails to make payments in accordance with Section 11.3, the Service Provider reserves the right to terminate this Agreement immediately and seek payment of any outstanding amounts.
11.7.3 No Refunds:
Except as required by law, the Client acknowledges that payments made under this Agreement are non-refundable, even in cases of early termination by the Client.
11.8. Limitation of Liability
To the extent permitted by law, the Service Provider’s liability to the Client for any claim related to this Agreement is limited to the total amount paid by the Client for the Services.
11.9. Dispute Resolution
Any disputes arising under or in connection with this Agreement shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, the dispute shall be resolved through binding arbitration.
11.10. Agreement: Miscellaneous
11.10.1 Entire Agreement:
This Agreement represents the entire agreement between the Parties and supersedes all prior agreements or understandings.
11.10.2 Amendments:
This Agreement may only be amended in writing signed by both Parties.
11.10.3 Notices:
Any notice under this Agreement shall be delivered via email or certified mail to the respective addresses of the Parties.
12. Miscellaneous
12.1 Notices.
You may contact us via email at contact@georgethetech.com for any notices.
12.2 Modifications.
George The Tech reserves the right to update these Terms and will provide notice when changes occur.
12.3 Governing Law and Jurisdiction.
These Terms are governed by the laws of Los Angeles, CA. Disputes that are not subject to arbitration must be filed in Los Angeles, CA.
Please read these Terms of Service (or Terms, as further described in Section 1.4) carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using George The Tech's Services, you agree to comply with and be bound by these Terms, as applicable to you.
NOTE: IMPORTANT NOTICE: Section 9 of these Terms of Service contains a binding arbitration provision and class action waiver that may affect your legal rights. Please read Section 9 very carefully.
1. Accepting These Terms
1.1 What's What.
George The Tech's products, features, and services are available online through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content contained in or delivered via the Services or otherwise made available by George The Tech in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post, or make available using the Services is "Your Content."
1.2 Who's Who.
When these Terms use the term "Tech Team," we mean technicians using the Services to support George The Tech clients ("Clients") using our Services (a) to consume information about or attend Services ("Services"), or (b) for any other reason. Tech Teams, Clients, and third parties using our Services are all referred to in these Terms collectively as "Users," "you," or "your."
When these Terms use the term "George The Tech," "we," "us," or "our," that refers to George The Tech Enterprises, Inc. and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees.
If you are a User located in any jurisdiction, you are contracting with George The Tech, with its principal place of business at 1021 Doreen Place, Apt 3, Venice, CA 90291 USA.
1.3 What Else.
If you are a Tech Team offering Services with paid amounts, George The Tech's Code of Conduct and Privacy Policy are applicable to you. (Some, but not all, of the terms in those agreements are duplicated in these Terms of Service.) And, by agreeing to these Terms of Service, you acknowledge you have read the Code of Conduct and Privacy Policy (including Cookie Statement) applicable to all Users. We may sometimes provide you with services that are not described in these Terms of Service, or customized services: unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Service, these Terms of Service will apply to those services as well.
1.4 What the "Terms of Service" Means.
These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise George The Tech's "Terms." These Terms are a legally binding agreement between you and George The Tech governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, "you" and "your" will refer to that entity as well as yourself.
2. George The Tech's Services and Role
2.1 What We Do.
George The Tech's Services provide a simple and quick means for our Tech Team to provide their services to Clients. Descriptions of other and more specific services can generally be found on George The Tech's website.
2.2 How We Fit In.
George The Tech is the creator, organizer, and owner of the Technical Services listed on the Services. The Tech Team members are responsible for ensuring that any content during a Service on the Services meets all applicable local, state, provincial, national, and other laws, rules, and regulations, and that the services are delivered as described and in an accurate, satisfactory manner. All transactions on George The Tech use a third party to process the payment; thus, George The Tech does not process the transaction but transmits the Consumer's payment details to the payment provider.
3. Privacy and Consumer Information
3.1 We know your personal information is important to you, and it is important to George The Tech too. Information provided to George The Tech by Users is governed by our Privacy Policy and Non-Disclosure Agreements.
3.2 If you are a Tech Team member, you represent, warrant, and agree that (a) you will at all times comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to information you collect from (or receive about) Clients, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) Clients.
4. Term; Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or George The Tech decides it is best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions may remain applicable to both you and George The Tech.
4.2 George The Tech may terminate your right to provide Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by George The Tech; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national, and other laws, rules, and regulations or would expose George The Tech to legal liability. George The Tech may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in George The Tech's sole discretion, failure to do so would materially prejudice you. You agree that George The Tech will not be liable to you or any third party as a result of its termination of your right to use or otherwise access the Services.
4.3 If you are a Tech Team member or Consumer using the Services without a registered account, your option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, these Terms remain in effect. If there is a separate agreement between you and George The Tech governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses).
5. Release and Indemnification
This is where you agree to cover George The Tech if you use the Service in a way that causes George The Tech to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
5.1 Release.
You hereby agree to release George The Tech from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any Service listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
5.2 Indemnification.
You agree to defend, indemnify, and hold George The Tech and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, and employees harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms, agreements, or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national, or other law, rule, or regulation or the rights of any third party; (d) George The Tech’s collection and remission of taxes; and (e) if you are a Tech Team, your Services (including where George The Tech has provided Services with respect to those Services), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of George The Tech's gross negligence or willful misconduct. George The Tech will provide notice to you of any such Claim, provided that the failure or delay by George The Tech in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, George The Tech may choose to handle the Claim ourselves, in which case you agree to cooperate with George The Tech in any way we request.
6. Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. George The Tech expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, George The Tech makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that George The Tech has no control over and does not guarantee the quality, safety, accuracy, or legality of any Service or Content associated with a Service, the truth or accuracy of any information provided by Tech Teams or Users (including the Consumer's personal information shared with Tech Teams in connection with Services), or the ability of any User to perform or actually complete a transaction. George The Tech has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that George The Tech requires to provide the Services, that a Tech Team chooses to assist with a Service, or that you choose to contract with when using the Services.
You understand and agree that some Services may carry inherent risk, and by participating in those Services, you choose to assume those risks voluntarily. For example, some Services may carry a risk of bodily injury, mental stress, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
7. Limitation of Liability
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, George The Tech and any person or entity associated with George The Tech's provision of the Services (e.g., an affiliate, vendor, strategic partner, or employee) ("Associated Parties"), will not be liable to you or any third party, for:
(a) any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if George The Tech has been advised of the possibility of such damages); or
(b) Your Content.
In addition, other than the obligation of George The Tech to pay out Service registration fees in certain circumstances to certain Tech Team members under the Affiliate Agreement, and only in accordance with the terms therein, the maximum aggregate liability of George The Tech or Associated Parties is limited to the following:
(i) for Tech Team members of Services with paid proceeds, and subject to the terms of the Affiliate Agreement, the fees (net of George The Tech's Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and
(ii) for Tech Team members of Services with free tickets only, Consumers, or other Users, (1) the total amount of all Service registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, fifty U.S. dollars (US $50).
7.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract, breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the maximum extent permitted by law.
8. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT CLASS, CONSOLIDATED, OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED, AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first via email at service@georgethe.tech. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, provincial, state, or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to the legal disputes between you and us. It includes, but is not limited to:
(i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
(ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and
(iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(d) Exceptions.
Notwithstanding this Agreement to arbitrate, either party may
(i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or
(ii) bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state, provincial, or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights ("Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
(e) No Class Actions.
YOU AND GEORGE THE TECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send the other a written Notice of Dispute ("Notice"). The Notice must:
(i) describe the nature and basis of the claim or dispute; and
(ii) set forth the specific relief sought.
If George The Tech and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or George The Tech may commence an arbitration proceeding.
(g) Arbitration Proceedings.
The arbitration will be governed by the Canadian Arbitration Association ("CAA") and administered by the CAA and settled by a single arbitrator.
(h) Costs of Arbitration; Legal Fees.
Both parties will bear their own legal fees unless the arbitrator decides otherwise.
(i) Opt Out.
You have the right to opt out of arbitration by providing written notice within thirty (30) days of agreeing to these Terms.
9. License to George The Tech Services
9.1 License to Services.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use our Services solely to (a) browse the Services and search for, view, register for, or purchase Services on the Services; and/or (b) create Service registrations, perform support Services, and manage them.
9.2 Restrictions.
You agree not to copy, modify, or exploit the Services for commercial purposes or violate any intellectual property rights.
10. Fees and Refunds
10.1 Fees Charged.
George The Tech may charge fees for access to Services or other features. Tech Team members may also be subject to fees incurred in direct connection with those Services.
10.2 Refunds.
Refunds are generally available for cancellations up to 24 hours before a Service. If cancellation occurs within 24 hours a credit will be retained and applied to a future Service.
11. Annual Contract Agreement
This Annual Contract Agreement ("Agreement") is entered into as of date of the first payment ("Effective Date") by and between George The Tech Enterprises, Inc. ("Service Provider") and ("Client") (collectively referred to as the "Parties").
11.1. Services Provided
The Service Provider agrees to provide Services as stated on the web page georgethe.tech/membersignup to the Client as outlined in the Membership Level purchased (the "Services"). These Membership Levels are as follows (but not limited to): Blue Steel, Bronze, Silver, Gold, Platinum
These Services are to be delivered as part of an annual agreement as detailed in this document.
11.2. Term of Agreement
This Agreement shall commence on the Effective Date and remain in effect for a period of twelve (12) months ("Term"), unless otherwise terminated in accordance with Section 7 below.
11.3. Payment Terms
11.3.1 Total Payment Amount:
The Client agrees to pay the total amount shown at georgethe.tech/membersignup for the Services rendered under this Agreement. This amount is non-refundable except as outlined in Section 7.
11.3.2 Payment Schedule:
The Client shall make payments as follows:
(a) Option 1 – Full Payment: A one-time payment at a discounted rate equivalent to 10 months of Installment payments is due at the start of the membership.
(b) Option 2 – Installments: Payments divided into 12 equal installments on a recurring and autopayment processing basis.
11.3.3 Method of Payment:
Installment Payments shall be made via Stripe’s supported electronic processing methods, as outlined in the Service Provider’s invoice. Full Payment may additionally be made via check payable to “George The Tech”.
11.3.4 Late Payments:
Failure to make payments may result in the suspension of Services, but does not end the annual agreement or obligation to pay the entire amount due at the end of the year period.
11.4. Client Obligations
The Client agrees to: (a) Provide all necessary materials, information, and access required for the Service Provider to perform the Services in a timely manner.
(b) Make payments in accordance with the terms specified in Section 11.3.
11.5. Non-Cancellation Clause
The Client acknowledges and agrees that this Agreement constitutes a binding annual commitment. Regardless of whether the Client continues to use the Services during the Term, the Client is obligated to pay the full amount due under this Agreement as outlined in Section 11.3. Early termination by the Client does not release the Client from their obligation to complete all payments.
11.6. Service Provider Obligations
The Service Provider agrees to: (a) Provide the Services outlined in this Agreement in a professional and timely manner.
(b) Communicate any delays or disruptions in the delivery of Services.
11.7. Termination and Refunds
11.7.1 Termination for Cause:
Either Party may terminate this Agreement immediately in the event of a material breach by the other Party, provided the breaching Party fails to remedy the breach within 30 days of receiving written notice.
11.7.2 Termination by the Service Provider:
If the Client fails to make payments in accordance with Section 11.3, the Service Provider reserves the right to terminate this Agreement immediately and seek payment of any outstanding amounts.
11.7.3 No Refunds:
Except as required by law, the Client acknowledges that payments made under this Agreement are non-refundable, even in cases of early termination by the Client.
11.8. Limitation of Liability
To the extent permitted by law, the Service Provider’s liability to the Client for any claim related to this Agreement is limited to the total amount paid by the Client for the Services.
11.9. Dispute Resolution
Any disputes arising under or in connection with this Agreement shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, the dispute shall be resolved through binding arbitration.
11.10. Agreement: Miscellaneous
11.10.1 Entire Agreement:
This Agreement represents the entire agreement between the Parties and supersedes all prior agreements or understandings.
11.10.2 Amendments:
This Agreement may only be amended in writing signed by both Parties.
11.10.3 Notices:
Any notice under this Agreement shall be delivered via email or certified mail to the respective addresses of the Parties.
12. Miscellaneous
12.1 Notices.
You may contact us via email at contact@georgethetech.com for any notices.
12.2 Modifications.
George The Tech reserves the right to update these Terms and will provide notice when changes occur.
12.3 Governing Law and Jurisdiction.
These Terms are governed by the laws of Los Angeles, CA. Disputes that are not subject to arbitration must be filed in Los Angeles, CA.
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