Terms of Service

These terms (the "Terms") govern your use of the website at 1-800-Geeks.Online ("Site") and any technology support services provided either in person, by telephone, or computer (the Site and the support services are collectively referred to as the "Services") provided by Highpoint Communications, Inc., its subsidiaries, affiliates and contractors ("Geeks.Online", "We", "Our", or "Us"). By accessing, ordering or using the Services via telephone or online via the Site, you ("You" or "Your" means you or, for services designed for businesses ("Business Services"), the legal entity that you are authorized to represent and on whose behalf the Business Services are purchased) and other users of the Services (collectively, "Users") agree to these Terms and Our Privacy Policy. If You do not agree to these Terms, You may not access or use the Services.

You may initiate the Services via telephone, via the Site, or other means made available by Geeks.Online. Geeks.Online will use commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. Geeks.Online may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology we support. Certain Services may have minimum system requirements. Our Services include: • On Demand Services: Available on a one-time basis for a fee • Subscription Services: An entitlement to more than one Service over a period of time for a recurring fee • Adopt-A-Geek: Monthly subscription covering your entire household • Small Business IT: Custom solutions for business needs

We provide You with access to and use of the Services subject to Your compliance with the Terms. Geeks.Online reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to Us that: • You are at least 18 years old • You have the right, capacity and authorization necessary to legally bind Yourself to the Terms • You have read and agree to the terms of the Privacy Policy on the Site • You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services • Any information You submit to Geeks.Online is correct and complete • Any payment or credit card information You supply is correct

You acknowledge that by Your use of the Services You are authorizing Geeks.Online to access and control Your computer or device (collectively "Device") for the purposes of diagnosis, service and repair. In connection with delivering the Services, Geeks.Online may: • Download and use software • Gather system data • Take remote control of Your Device • Access or modify Your Device settings By accepting these terms, You hereby grant Geeks.Online the right to connect to Your Device, download and use software on Your Device to gather system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Geeks.Online to monitor and record the Services.

Although Geeks.Online makes every effort to preserve customer data, it is your sole responsibility to maintain backups of all information, data, text or other materials before ordering services. You acknowledge and agree that Geeks.Online or its partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise. During the course of the service call we may offer backup services or data recovery. Geeks.Online does not support the installation of unlicensed software on customers equipment. Please ensure that you have a licensed copy of all necessary software.

The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased Remote Support from Geeks.Online, then the following warranty applies: • If We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Remote Service • If You experience a problem with the resolution We provided and You call us within seven (7) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge • If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service As set forth below, there are no other warranties for the Services. Geeks.Online makes no warranties or representations with respect to advice, guidance, information or other content posted by any third party.

The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged to your credit card or via ACH. You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes upon receipt of service. Any Invoice 30 days past due will be subject to late fees, interest & may be referred to a collection agency. Appointment Cancellation: If you cancel an appointment with less than 24 hours notice, a cancellation fee of $45 will be subtracted and paid to the service provider.

The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to obtain Subscription Services, You must at all times have current and functional antivirus software in place and running on Your Device. Failure to maintain such software may result in additional charges and fees. Geeks.Online reserves the right to terminate Your Subscription Service, upon notice, if Geeks.Online determines, in its sole business judgment, that Your Subscription Service is being used: • Fraudulently or maliciously • By any person other than You • For any Device other than a registered system • Unreasonably • In excess of five (5) completed, in-scope Service incidents per any ninety (90) day period In the event that Your Subscription Service is terminated, Geeks.Online will refund to You a prorated portion of any fees that You have prepaid for the Subscription Services.

By providing your phone number to us, you agree to receive SMS messages from us in a conversational format. We may send you SMS messages for various purposes, such as: • Confirming or reminding you of your appointments • Sending you requested information like estimates or invoices • Informing you of our latest offers and promotions You can opt out of receiving SMS messages at any time by replying STOP to any message or contacting us at our customer service number. Standard message and data rates may apply.

In the course of delivering the Services to You, we may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. Although we may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the Services are solely between You and such other entity.

Geeks.Online reserves the right to cease providing the services for any reason at any time and instead, as your sole and exclusive remedy, refund the fees paid for the applicable services for the time period, if any, after termination of the services. If you breach the terms no refund will be provided. Other than providing a refund when we terminate for our convenience, Geeks.Online will not be liable to you or any third-party for termination of the services. You acknowledge and agree that upon termination Geeks.Online may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the services.

You agree to defend, indemnify and hold Geeks.Online, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from or related to your use of the services or your violation of the terms.

IN NO EVENT SHALL GEEKS.ONLINE, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. This includes damages arising from the use of, or the inability to use, the services, software, content or your device including: • Lost sales, lost revenue, lost profits or other loss of business • Loss of or damage to data • Cost of substitute services IN NO EVENT SHALL THE TOTAL LIABILITY OF GEEKS.ONLINE TO YOU EXCEED THE AMOUNT PAID FOR THE SERVICES AT ISSUE. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and Geeks.Online.