Geek Squad Tech Support Member Videos Terms & Conditions
Terms and Conditions of Use
These terms and conditions apply to any services provided by Atomic Learning, Inc. doing business as Atomic Training and their affiliates ("Atomic Training") through its co-branded Website with Best Buy, Inc. and the Geek Squad, including any pages found at or under the geeksquadtraining.com or atomictraining.com domains (together, all pages are the "Website"). These terms and conditions apply to not only you, but also to any user you purport to represent, or any end-user who obtains access by your actions, including your employees, contractors, dependents, and your family (together "Customer").
By use of any portion of the Website, Customer agrees to these Terms and Conditions. If Customer does not agree to all of the following Terms and Conditions, Customer should not use the Website and immediately should contact Atomic Training.
Customer may only access the subscription portion of the Website during its paid subscription term and any renewal thereof ("Subscription Term"). Customer shall not copy, download, store, publish, transmit, transfer, distribute, modify, or sell any information or data contained on or through the Website, including without limitation any movies or video content. Customer will not interfere with the Website in any way and will not use its access for any illegal or improper purpose. All right, title and interest in anything on the Website, including all copyrights throughout the world, are the property of Atomic Training and/or Best Buy or Geek Squad, and they reserves all rights therein. Trademarks, service marks and other intellectual property rights are owned as set forth on the page entitled "Intellectual Property Rights" on the Website (currently found at http://www.atomiclearning.com/iprights). Atomic Training may change the features on the Website at any time in its sole discretion.
2. Responsibility for Access
Customer is solely responsible for the activity that occurs on Customer's account, and must notify Atomic Training immediately of any breach of security or unauthorized use of Customer's account. Customer is responsible for all access to the Website by Customer and your employees, contractors, dependents, and your family or by using your equipment or password, even if you did not authorize such use. Customer agrees to defend and indemnify Atomic Training from any claims or damages relating to or arising out of any such access.
4. Third-party Links and Content
The Website may contain links to third party websites that are not owned or controlled by Atomic Training, and it has no control over, and assumes no responsibility for anything relating to third party websites. In addition, this Website contains content created by third parties over which Atomic Training has no control. Customer expressly waives any claims against Atomic Training relating to or arising out of its use of linked third party websites or content provided by third parties. Atomic Training, by virtue of such linking or otherwise, makes no endorsement of any other website or third party content, and Customer assumes all risk of use or loss related to its use of any other website or third party content.
5. Disclaimer of Warranties and Limitation of Liability
CUSTOMER ACCEPTS THE WEBSITE, EVERYTHING LINKED TO THE WEBSITE AND ALL SERVICES PROVIDED BY ATOMIC TRAINING, BEST BUY OR GEEK SQUAD "AS IS," "WITH ALL FAULTS", AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR INTENTIONAL ACTS OR GROSS NEGLIGENCE, CUSTOMER WAIVES ALL CLAIMS AGAINST ATOMIC TRAINING, BEST BUY AND GEEK SQUAD FOR ANY CLAIMS RELATING TO OR ARISING OUT OF THIS AGREEMENT, THE WEBSITE, OR ITS PERFORMANCE, REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, TORT, STATUTORY OR NEGLIGENCE. IN ANY EVENT: (A) CUSTOMERS WAIVES ANY CLAIMS FOR LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES; AND (B) DAMAGES BY CUSTOMER AGAINST ATOMIC TRAINING, BEST BUY AND GEEK SQUAD ARE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY THE CUSTOMER DURING THE PROCEEDING TWELVE MONTHS.
Customer agrees to indemnify, defend, and hold harmless Atomic Training (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Atomic Training by reason of, or arising from: (a) Customer's breach of this Agreement; (b) Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer's failure to comply with applicable laws, regulations or ordinances; or (f) the acts or omissions of Customer (or its officers, directors, employees or agents).
7. Terms and Termination
This Agreement remains in effect through the Subscription Term and may be terminated for breach of this Agreement, upon which no refund is due. The provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement shall survive expiration or termination of this Agreement, including without limitation the obligations and limitations set forth in sections 2, 3, 5, 6, 8 - 11.
8. Changes to Terms and Conditions
Atomic Training may change these Terms and Conditions at any time, and Customer agrees to frequently check the Website for such changes. Customer agrees that the latest Terms and Conditions at the Website will govern its rights and obligations with Atomic Training, unless Customer informs Atomic Training that it does not agree to the changes within 30 days of the changes being posted at the Website.
9. Governing Law and Venue
This agreement is made in and shall be governed by and construed in accordance with the laws of the State of Minnesota without reference to choice of law principles. Customer consents to exclusive jurisdiction and venue of the courts of Morrison County, Minnesota.
10. Entire Agreement, No Additional Terms
This is the entire Agreement between the parties with respect to its subject matter and supersedes all prior agreements. Unless expressly accepted by Atomic Training in writing, any other terms and conditions inconsistent herewith are not binding on Atomic Training, including any terms and conditions contained in any of Customer's purchase orders or other documentation.
11. Ability to Accept Terms
Customer affirms that he or she is more than 18 years of age and is fully able and competent to enter into and to abide by and comply with these Terms, and that he or she has full authority to bind any other users within the definition of "Customer" to any services provided on the Website, including the full authority to bind any employers, employee, family members or dependents. If you are under 18 years of age and are a user of this Website, you are bound to these Terms and Conditions to the fullest extent permitted by the law.
12. Other Provisions
- Customer may not assign, sublicense or otherwise transfer this Agreement without Atomic Training's prior written consent.
- This Agreement is binding upon and shall inure to the benefit of the legal successors and assigns of the parties.
- If any provision of this Agreement is found to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected and any unenforceable provision shall be modified and interpreted so as to best accomplish the intent of such provision.
- Neither party shall be deemed to be liable for any provisions under this Agreement for failures in performance resulting from acts or events beyond the reasonable control of the party.
- Failure to enforce any provision of this Agreement is not a waiver of the provision or of the right to enforce the provision later.
©2012 Atomic Training, Inc. All rights reserved.