Last Modified on March 31st 2020
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS FOR USERS LOCATED IN THE UNITED STATES AS DETAILED IN SECTION 15 BELOW.
When you register for an account, we ask for your consent so that Geex and our Affiliates may display your username and tournament records and other usage information collected through the Site, for the purpose of promotion, including the promotion of tournaments and games, Geex and our Affiliates. By accepting any prize from Geex and our Affiliates, you agree to allow Geex and our Affiliates to use, distribute, modify, adapt, reproduce, print, publish, publicly display, and broadcast, royalty-free, worldwide, in any media and at any time, your name, picture, avatar, screenshots, videos, voice, likeness, and/or biographical information for promotional or related purposes without any compensation to you.
You represent and warrant that you have all rights necessary to grant to Geex and our Affiliates the license above and that none of your Submissions are defamatory, violate any rights of third parties, including, without limitation, any intellectual property rights, or violate applicable laws.
Geex is free to use, without obligation of any kind to you or any third parties, any Submission you send through the Site for any purpose whatsoever, without any further consent, notice and/or compensation to you or any third parties. You also acknowledge and agree that Geex may obtain Submissions on this Site, or otherwise develop on its own, or through third party vendors it engages, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other Submissions you submit to the Site, and you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by Geex based on any similarity with any Submissions submitted by you on this Site. Any information uploaded by you to the Site or provided to Geex, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential.
The materials on the Site and the Geex Services belong to or are licensed to Geex.gg, Inc. The materials are protected by United States and foreign copyright laws. We also own the names we use for our products and services on the Site and Geex Services, and these names are protected by United States and foreign trademark laws. If you use the materials or trademarks on the Site or Geex Services in a way that is not allowed by this Agreement, you are violating the Agreement and may also be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Site and Geex Services. Title to the materials remains with us or with the authors of the materials contained on the Site or Geex Services. All rights not expressly granted are reserved.
By registering for an account and/or participating in any tournament or game offered on the Site, or using the Services, you acknowledge that all content included in the Services, including all Site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Services (collectively, the "Content") is owned or licensed by Geex and/or its licensors. You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Geex neither warrants nor represents that your use of the Content will not infringe rights of third parties. While Geex uses reasonable efforts to include accurate and up-to-date information, Geex makes no warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed and forming part of the Content, including the names of all games and tournaments, are registered and unregistered Trademarks of Geex and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on the Site without the written permission of Geex or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other Content, except as provided in this Agreement and applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited.
The Geex Services are provided for, and Geex grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein, to access and use the Geex Services using a personal computer or a mobile device solely in accordance with the terms of this Agreement.
You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. If you are under the age of 18, your parent or legal guardian must create an Account, and consent to your use of the Site and the Geex Services. Children under the age of 13 are not allowed to use the Site or the Geex Services or to create an account.
To access certain portions of the Site or the Geex Services, you may be required to create an account through the Site (an "Account"). If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. You agree that you shall not create an Account or access the Geex Services if you (i) are under the age of 18, without the consent of your parent or legal guardian, or at all if you are under the age of 13, (ii) if you have previously been removed by Geex or banned from using the Geex Services or the Client Game, (iv) are located in a country embargoed by the United States or (v) are on the U.S. Treasury Department’s list of Specially Designated Nationals.
During the processing of transferring funds into your account, you are required to provide the following information:
an alias that will be your username
your email address
permanent residential address
credit card or other payment information
The information provided must be true, accurate, current and complete, as requested. You agree to update the registration data to keep it current and accurate. If Geex determines you are registering with intentionally incorrect information, Geex reserves the right to close your account. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled. Geex also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.
Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify Geex immediately if you believe that your Account username and/or password have been compromised.
As a condition of use, you promise that, in connection with your use of the Site or the Geex Services, you will not:
(a) Violate any applicable law, regulation, or contract;
(b) Without limiting the foregoing, use the Site or Geex Services to run tournaments or competitions for games of chance or to conduct gambling;
(c) Without limiting the foregoing, offer cash prizes where it is prohibited by law;
(d) Without limiting the foregoing, make available through the Site or Geex Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(e) Without limiting the foregoing, access the Geex Services to participate in a tournament that violates any law where you reside;
(f) Create, distribute or use any third party software, including without limitation, "mods," cheats, addons or hacks, designed to change or manipulate the Site, Geex Services, or Client Games;
(g) Misrepresent yourself in any way;
(h) Make any false, misleading, or inaccurate statements;
(i) Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
(j) Commit any actions considered to be unethical;
(k) Impersonate any person or entity, including any employee or representative of Geex;
(l) License, create derivative works from, any information, content obtained from the Site or the Geex Services.
Geex reserves the right to permanently suspend or terminate your Account and your access to the Geex Services, and/or disqualify you from receiving any prize(s) offered by the tournaments, if it suspects that you have violated any of the User Rules on the Site or the Geex Services.
You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree Geex and our Affiliates are not and cannot be held liable if laws applicable to you restrict or prohibit your use of the Site or Geex Services or your participation in any events made available by Geex. Geex and our Affiliates make no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with Geex and our Affiliates have authority to make any such representations or warranties.
Geex may at any time require you to provide proof of eligibility to participate in order to continue to allow access to the Site and the Services, and you hereby acknowledge and accept this condition of your participation as a reasonable measure to ensure the security of the Site. In addition, each user will be required to provide proper identification and proof of eligibility prior to receiving a prize or the processing by Geex of any withdrawal request. Participants may, at their option, pre-register their identification at any time prior to submitting a withdrawal request. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO GEEX, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE MEMBER'S ACCOUNT. For accounts that are terminated due to non-eligibility, funds previously deposited to the account will be refunded to the account holder.
You are only permitted to register one active account on the Site. Geex reserves the right to monitor any effort to establish multiple accounts. In the event it is discovered that you have opened more than one account, all accounts will be closed without notice. Geex reserves the right to deny access to anyone, including, but not limited to, those members who use proxy servers and/or IP addresses residing in certain geographical areas.
The Site may impose dollar amount limitations on the transactions in which you engage to fund your activities on the Site. Geex reserves the right to limit your activity on the site in any way it deems appropriate, in its sole discretion. The Site reserves the right to set expiration dates or other limits on all promotional or bonus funds or credits, including entry-fee bonuses or credits and prize credits applied to your account.
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with this Agreement, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. All activities undertaken under a your account will be deemed to have been done by you.
Any user who displays behavior which may be interpreted as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), harassment of other participants, posting of objectionable material, any breach of this Agreement, or any breach or attempted breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by Geex in its sole discretion), up to and including account termination and blocking of Site access, the voiding of any funds and winnings, and in the case of money laundering or any other illegal activity, disclosure to the appropriate police authorities, and legal action at the sole discretion of Geex.
Each member acknowledges that the outcome of the matches and tournaments offered on the Site are directly related to the number of members participating, and the skill levels of each member participating. Geex does not comment on or have knowledge of the probability of one member winning a match vs. another member, and makes no representations about an individual member's chances of winning.
Prizes are in the form of our digital currency / XP points, which are deposited directly into winners' accounts that have chosen to play for rewards. The reward value offered will be disclosed at the beginning of such tournaments. If a tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will be determined by the Site. Except where otherwise noted, in all tournaments with actual cash entry fees, the Site retains a predetermined portion of the aggregate total as a management fee.
The results and winners of each tournament offered on the Site will be determined by Geex, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.
The Site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your gameplay on your platform, or any incorrect or inaccurate results that may be posted on your online game. You may not: (a) gain unauthorized access to the Site's systems or any account, interfere with the communications, procedures or performance of the Site or deliberately damage or undermine the Site; (b) affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, automated programs, screen analysis utilities, player collusion, any type of modifications, memory readers, or similar methods or to otherwise commit fraud in relation to the Site; or (c) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings, bonuses and incentives to which you would otherwise be entitled, but potentially lead to civil and/or criminal prosecution. The Site, in its sole discretion, reserves the right to terminate any person's account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authorities.
To participate in a cash-entry match or tournament, you must have funds in your account. You may use any funds that Geex may have already awarded you for promotional purposes, or you can transfer funds into your account by any of the methods permitted by the Site from time to time. Such funds will be deposited into your account only upon actual receipt of funds by Geex. Minimum and maximum limits may be applied to the payments into your account, depending upon your history with the Site, the method of deposit, and other factors as determined solely by Geex. Geex reserves the right to impose or change these dollar amount limitations at any time. No interest is payable on amounts on deposit in your account. All payments into your account must be from a payment source on which you are the named account holder. Geex also reserves the right to require you to confirm or validate any or all deposits previously made to your account. You acknowledge that in the case of a dispute, your validation may be used by Geex as evidence of your account deposits.
Any attempt to defraud the Site and/or Geex through the use of Credit Cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, or confirmation of deposits, will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or referral for criminal prosecution.
When a member participates in a tournament with an entry fee, fees for such tournaments are deducted from such member's account balance. These funds paid by the member represent a payment to Geex made solely for facilities provided by the Site for the setting up and management of the entry fee based tournament. By participating in entry fee based tournaments on Geex, each member acknowledges that these funds are held by Geex for such Services and that the member grants an irrevocable authority to Geex to pay the tournament host / organization of the tournament.
Members should also be aware that the total entry fees paid by members in any given tournament are not paid out as prizes, as Geex retains part of the entry fees paid as a service fee on all entry fee based tournaments played. This fee allows for the continued operation and maintenance of the Site and the development of additional features and content for the Site in the future. The amount of the entry fee for each paid tournament is displayed in the entry fee field and varies depending on the tournament being played, the size of the entry fees, the number of prizes, and the number of people playing in the tournament.
Members may request a withdrawal of funds from their available cash account balance in their Account at any time. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawal privileges will also be revoked for security purposes when account fraud is suspected.
Withdrawal of funds will be based on how you've deposited funds into your account in the past. If you have previously deposited via Credit Card, Debit Card, or PayPal, your card(s) and/or account will be credited in the order by which previous charges have been made.
Most withdrawal requests through Credit Card, Debit Card, or PayPal, should be in your account within 5-10 business days of our receipt of your request, subject to verification requirements. If you do not receive your withdrawal within 10 business days, please email customer support at [email protected].
The withdrawal process is designed to minimize customer fees and add an additional element of security to protect Geex's members. In the ongoing pursuit to prevent fraudulent behavior and account hijacking, Geex reserves the right to require the account member or Credit Card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the member. Withdrawal payments will not be made until such verification is received. If Geex has not received verification within 10 days, the withdrawal request will be cancelled, the account in question will be suspended, and the member will be contacted by email.
Some aspects of the Site and Geex Services require you to pay a fee. You may also purchase certain subscriptions to the Geex Services and/or physical products through the Site. You agree to pay all fees, payments and applicable taxes incurred by your Account you used to access the Geex Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Site or Geex Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Site, you (a) agree to pay the price for such products set forth in the Site, all shipping and handling charges and all applicable taxes in connection with your purchase (the "Full Purchase Amount") and (b) authorize Geex to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
All sales on the Site and the Geex Services are final. Except as provided below, there are no refunds or returns for the purchase of a subscription to the Geex Services.
If you reside in the European Union and you purchase a product or service from Geex, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period.
EXCEPT AS SET FORTH HEREIN WITH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, (I) ALL SALES THROUGH THE SITE AND GEEX SERVICES ARE FINAL; AND (II) YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. EXCEPT AS SET FORTH HEREIN WITH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, WE DO NOT ISSUE ANY REFUNDS OR OFFER ANY EXCHANGES OF ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE.
Geex may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Geex Services or any products sold through the Site. The inclusion of any products through the Site at a particular time does not imply or warrant that these products will be available at any other time. Geex reserves the right to change prices for products displayed on the Site, or the Geex Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Site.
Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify Geex’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Geex reserves the right at any time after receiving your order to accept or decline your order for any reason. If Geex cancels an order after you have already been billed, then Geex will refund the billed amount.
Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of physical products purchased by you through the Site will be delivered within the time period specified for the delivery method you have selected.
Geex sells and ships products to end-user customers only. You may not purchase products on the Site for resale, and we reserve the right to refuse or cancel your order if we suspect you are doing so.
The Site and Geex Services may contain links to websites operated by other parties. Geex provides these links to other websites as a convenience, and use of those sites is at your own risk. The linked sites are not under the control of Geex, and Geex is not responsible for the content available on the other sites. Such links do not imply Geex's endorsement of information or material on any other site and Geex disclaims all liability with regard to your access to and use of such linked websites.
In an effort to improve the Service, Geex may update its Geex Services, including its Site, without notifying you.
You specifically acknowledge that the Geex Services are in “beta” status as of the date of this Agreement.
Beta status means that the Geex Services are undergoing active development. You acknowledge and agree that Geex Services are likely to change over time, and that such changes may include, but are not limited to: addition, removal, or changes to features, design and organization of the Site, including changes to your interface / dashboard. Geex may patch, update, or modify Geex Services at any time with or without notice to you. Except as prohibited by applicable law, Geex reserves the right to change and update Geex Services without notice to you.
Notwithstanding the foregoing, Geex has no obligation to you to make available any patches, updates or modifications or correct any errors or defects in the Geex Services.
If you are a copyright owner or agent thereof and believe that content posted on the Site or the Geex Services by a Geex user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached by email at [email protected].
Geex cannot guarantee that the Client Games will have uninterrupted service. You agree not to hold Geex liable for any interruption of service of the Client Games during use of the Geex Services. Geex also cannot guarantee that any tournament organizer who hosts an event through the Geex Services will distribute advertised or promised prizes or rewards. You participate in the Geex Services at your own risk and agree that Geex is not responsible for any tournament prizes offered by tournament organizers.
To the greatest extent permitted by law, Geex expressly disclaims any and all warranties. The Site and all Geex Services are provided "as is," without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
The entire risk as to the quality and performance of the Services is with you. Geex does not represent or warrant that content or materials provided through the Services are accurate, complete, reliable, current, or error-free. Geex is not responsible for typographical errors or omissions relating to text, video, or photography. Geex does not represent or warrant that the Services are free of viruses or other harmful components and, therefore, you should use an industry recognized software to detect and remove viruses from any download. No advice or information, whether oral or written, obtained by you from Geex or through the Services shall create any warranty not expressly stated herein.
Users in the USA and elsewhere, outside the European Union:
The following section only applies to you if you are resident in the USA or elsewhere in the world, but does not apply if you are a consumer resident in the European Union:
To the fullest extent permitted by applicable law: (i) in no event shall Geex be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services, the Content, the Site Content, or the materials including without limitation any damages caused by or resulting from reliance on any information obtained from Geex, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Geex’s records, programs or services; and (ii) in no event shall the aggregate liability of Geex, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Services exceed the amount paid by you, if any, for accessing the Services during twelve (12) months immediately preceding the date of the claim, or one hundred dollars, whichever is greater.
These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than Geex and received through or advertised on the Services or received through any reference sites.
Users in the European Union:
The following section only applies to you if you are a consumer resident in the European Union:
You agree to indemnify, hold harmless and defend Geex and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by Geex arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of personal or confidential information, or (b) use or misuse of the Site or the Geex Services, including but not limited to, claims that any Submission by you infringes on any third-party’s intellectual property rights.
This Agreement shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of Nevada, without regard to conflict of law principles. Except as provided in Section 15 below, all disputes arising out of or related to your use of the Site or Geex Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Washoe County, Nevada and you agree to submit to the personal jurisdiction and venue of such courts. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
(a) Arbitration Procedures. You and Geex agree that, except as provided in Section (d) below, all disputes, controversies and claims related to this Agreement (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail. Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Geex may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND GEEX WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(b) Location. The arbitration will be conducted in the state of Nevada, unless the parties agree to video, phone and/or internet connection appearances.
(c) Limitations. You and Geex agree that any arbitration shall be limited to the Claim between Geex and you individually. YOU AND Geex AGREE THAT:
(A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
(B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND
(C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(d) Exceptions to Arbitration. You and Geex agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Geex’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
(f) Severability. You and Geex agree that if any portion this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable, then neither you nor Geex will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Washoe, State of Nevada, United States of America, and you and Geex agree to submit to the personal jurisdiction of that court.
Agreement Revisions. This Agreement may only be revised in writing by Geex, or published by Geex on the Site.
Force Majeure. Geex shall not be liable for any delay or failure to perform resulting from causes outside Geex's reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Geex's control such as acts of God, war, terrorism, riots, epidemics, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Geex as a result of this Agreement or your use of the Site or Geex Services.
Assignment. Geex may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Geex’s prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
Attorneys' Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that Geex would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.