Terms and Conditions

Last Updated: February 2023

Welcome to https://www.geekingout.ca/ (the "Site")! This Site makes available certain Content (as defined herein) for various purposes, including, without limitation, informational and entertainment purposes (the “Services”). The Site is provided by Journey Commerce, a trade name of Journey Ltd. (herein referred to as “Journey,” “we,” “us” or “our”). Your access and/or use of this Site and Services is subject to the terms and conditions as detailed in this webpage (the “Terms of Use”). The Terms of Use are important and affect your legal rights, so please read this webpage carefully. By accessing or using this Site and Services, you agree to be bound by the Terms of Use contained herein and all other terms incorporated herein by reference. Some services and features offered through the Services may be subject to additional terms and conditions specified by Journey from time to time; your use of such services and features is subject to such additional terms and conditions, which are hereby incorporated by reference into these Terms of Use. In those cases, the terms specific to the special services or features control to the extent there is a conflict with these Terms of Use.

You must be at least 18 years old to access/use the Services. By accessing/using the Services, you represent and warrant that you are at least 18 years old and have the legal right and capacity to enter into these Terms & Conditions in your jurisdiction.

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Site after any such changes constitutes your acceptance of the Terms of Use at the time of use. We recommend that you periodically visit this webpage to ensure you are aware of the most recent Terms of Use.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Journey reserves the right, at any time in our sole discretion, to modify or replace content on the Site and to modify, suspend or discontinue, temporarily or permanently, the Services, without prior notice. Journey shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Services.Journey reserves the right, at any time in our sole discretion, to modify or replace content on the Site and to modify, suspend or discontinue, temporarily or permanently, the Services, without prior notice. Journey shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Services.
Privacy Policy – please refer to our Privacy Policy for information about how we collect, use, disclose, and otherwise process information about you.
Use of the Site
1. Limited license -- Subject to your compliance with these Terms of Use, and any additional terms that may apply to particular Services offered by us, Journey grants you a non-exclusive, non-transferable, limited, personal license to access and use the Services in accordance with these Terms of Use. The license granted herein is expressly made subject to the following limitations and restrictions:
  1. you may not copy, duplicate, reproduce, modify, adapt, publish, distribute, upload, download, post, transmit, broadcast, sell, license or prepare derivative works of any Content, software or other materials owned by Journey (including, without limitation, information, text, graphics and instructions provided by Journey as part of the Website, any web pages or other Services, and the design, selection, arrangement, compilation, assembly and look and feel of the Website, any web pages or other Services) without the prior written consent of Journey; and
  2. you may not decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Services.
2. Content – among other things, this site contains content published on this Site, including, without limitation, text, data, graphics, information, designs, drawings, logos, displays, artwork, images, files, schematics, models, photographs, sound, musical works, audio or video clips, works of authorship, usernames, profiles, and links uploaded, submitted, downloaded, displayed or appearing on or through the Site (the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under these Terms of Use. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
3. Trademarks – the trademarks, service marks, and logos of this Site and Journey (the “Journey Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Journey. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Journey Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used in any manner that is likely to cause confusion among customers, to disparage us or any applicable third party, our or the applicable third party’s products or services, in connection with any service or product that is not sponsored, endorsed, or produced by Journey, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. All goodwill generated from the use of any Journey Trademark shall inure to our benefit.
4. You expressly acknowledge and agree that
  1. Journey or its licensors own all legal right, title and interest in the Site and the Content;
  2. Any and all rights to use the Services that are not expressly granted to you under these Terms of Use are reserved for Journey or its licensors. Unauthorized use of the Journey Content or other Services is prohibited, may be a violation of federal and state laws, rules, regulations, and treaties, and could result in civil or criminal liability and penalties.
Non-Commercial and/or Social Distribution – Journey may, in its sole and unfettered discretion, allow you to share certain Content with others ("Social Distribution"). For example, the Services may allow you to share certain Content with friends, or link to Content on your personal web site or social media account. You agree that you will not imply that you and Journey are affiliated in any way or that Journey approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution.
Code of Conduct & Improper Use of Site and/or Service –
1. While using the Site or Service, you will not, and will not induce any third party to:
  1. use the Site and/or Services or any of the Content in a way that is unlawful, harms Journey or any user of the Sites, or otherwise violates the rights of any party;
  2. delete or alter any Content or other material we or any other person or entity posts on the Site;
  3. use the Site, Services or any of the Content in a way that could overburden, or impair the Site and/or Services (or the networks or systems connected to such);
  4. attempt to disable or circumvent any security mechanisms used by the Site and/or Services, or otherwise attempt to gain unauthorized access to any portion or feature of the Sites, Services, or any other systems or networks connected to the Sites or Services, or to any server of Journey or its third-party service providers, by hacking, password "mining", or any other illegal means;
  5. use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Sites, Services or Site Information;
  6. use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Sites or Services, or with any other person's use of the Sites or Services;
  7. breach any security measures implemented on the Sites or Services or in the Content;
  8. track or seek to trace any information on any other person who visits the Sites or uses the Services;
  9. use the Sites, Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms of Use or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or
  10. copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Sites, Services or Content, or otherwise made available to you in connection with the Sites, Services or Content; or
  11. use the Sites, Services or Content in any manner that otherwise violates these Terms of Use.
2. Journey shall fully co-operate with any law enforcement authorities or court order requesting or directing Journey to disclose the identity or locate anyone who uses the Site and/or Services in violation of any applicable laws or these Terms of Use.
Links to Third-Party Websites & Third-Party Products and Services – the Site and/or Services may contain links to or interactions with third-party websites or resources ("Third-Party Websites"). These links and interactions are provided for your convenience only. Journey neither endorses nor controls such Third-Party Websites, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such Third-Party Websites, or for the results to be obtained from using them. If you choose to access any such Third-Party Websites, you do so entirely at your own risk.
FTC Disclosure Requirements – we strive to provide an enjoyable and informative experience for users of this Site, like yourself, which may include featuring or showcasing certain third-party partners (“Partners”) and/or products and/or services distributed by those Partners (“Partner Content”) for which we are compensated by those Partners. We may receive free products from Partners to facilitate the production of Partner Content. We may also use affiliate links to products and or services for which we may receive compensation. As well, Journey may participate in a number of affiliate advertising programs; for instance, we may participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
Copyright Infringement and DMCA Policy
1. Journey respects the intellectual property rights of others, and expects those who use the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement in the United States of America, please notify Journey of your claim of infringement by sending the following written information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(2), named below.
2. Claim of infringement information:
  1. Identification of the copyrighted work you believe to have been infringed.
  2. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  3. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  4. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  5. A statement that the information in the written notice is accurate.
  6. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner;
  7. Your physical or electronic signature.
3. Designated Copyright Agent to receive DMCA Notices is: Info @ JourneyCommerce.io
  Journey Commerce
  4-116 Wellington Cres
  Winnipeg, MB R3M 0A9
  CANADA
4. We will respond to notices of claimed copyright infringement in accordance with the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Contests and Promotions – any contests or promotions ("Promotions") accessible through the Site may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
Mobile Features – the Site and Services are generally available via your mobile phone or other mobile device. Note that message and data rates and other carrier fees may apply if you chose to access the Site and/or Services via you mobile device.
Disclaimer of Warranties –
1. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT) ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. NEITHER JOURNEY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "JOURNEY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT AND THIRD-PARTY CONTENT) OR OTHER SERVICES. THE JOURNEY PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, THE JOURNEY PARTIES MAKE NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. THE JOURNEY PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION VIRUSES. THE JOURNEY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE JOURNEY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE JOURNEY PARTIES OR THROUGH THE SERVICES WILL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER.
2. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE TO YOU AND THESE TERMS OF USE.
3. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
Limitation of Liability –
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE JOURNEY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OF USE OR (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR JOURNEY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
2. THE LIMITATIONS SET FORTH IN THIS SECTION (LIMITATION OF LIABILITY) SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY), INDEMNIFICATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT WILL THE JOURNEY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. IN NO EVENT WILL THE JOURNEY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO JOURNEY FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR (B) FIFTY UNITED STATES DOLLARS ($50.00)
Indemnification –
1. You agree to defend, indemnify and hold harmless Journey, its officers, directors, managers, shareholders, employees and agents, from and against any and all claims, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following (including as a result of your direct activities on the Site and/or Services or those conducted on your behalf:
  1. your breach or alleged breach of these Terms of Use;
  2. your use of or access to the Services;
  3. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation all regulatory, administrative and legislative authorities;
  4. your violation of the rights of any third party, including without limitation any intellectual property rights, publicity, confidentiality, property or privacy rights; or
  5. any misrepresentation made by you.
2. Journey reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Journey’ defense of any claim. You will not in any event settle any claim without the prior written consent of Journey.
General
1. Entire Agreement – these Terms of Use constitute the final, complete and exclusive statement of the agreement between you and Journey regarding the subject matter hereof, and supersede any prior agreements, negotiations or communications between you and Journey with respect to such subject matter. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights
2. Jurisdiction, Venue, & Waiver of Jury Trial –
  1. These Terms of Use and all claims or issues regarding the Service shall be governed according to the laws of the Province of Manitoba, in Canada, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
  2. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Delaware. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including the AAA’s supplemental procedures for consumer-related disputes. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules.
  3. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the rules of the AAA. Any court with jurisdiction over the parties may enforce the arbitrator's award. You agree that the making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that, to the extent permitted by applicable law, any and all disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.
  4. To the extent permitted by law, any dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or notice of dispute could first be filed. If such a dispute is not filed within one year, it is permanently barred. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
  5. Except in those cases where contractual attribution of jurisdiction is not enforceable, any disputes that may arise concerning the formation, interpretation or performance of these Terms of Use which are not amicably resolved or resolved by arbitration, shall be brought in the courts of the United States.
  6. TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT WHICH ARE NOT RESOLVED BY ARBITRATION
3. Contact Information
  
  Info @ JourneyCommerce.io
  Journey Commerce
  4-116 Wellington Cres
  Winnipeg, MB R3M 0A9
  CANADA
4. Survival – all provisions of these Terms of Use which, by their nature, should survive the expiration or termination of your relationship with Journey shall survive such expiration or termination.
5. No Waiver – The failure of Journey to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
6. Severability – If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use; you agree that the court should endeavor to give effect to the intentions of Journey and you as reflected in the provision, and that the other provisions of these Terms of Use shall remain in full force and effect.
7. Authority – if you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.
8. Assignment –
  1. By You - these Terms of Use, and any rights and licenses granted hereunder, may not be assigned or transferred by you, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Journey (and any attempt to do so shall be null and void).
  2. By Us – these Terms of Use, and any rights and licenses granted hereunder, may be assigned or transferred by Journey without restriction and without your consent.