Legal

Legal Stuff

We don’t mean to bore you with legal jargon, but below is some important information. You’ll find our Website Terms of Use, Privacy Policy, and Conditions of Order.  If you have any questions or comments, please don’t hesitate to Contact Us.

Last Modified: 31 March 2020

  1. Please Read These Terms Carefully Before Using This Site.
  2. This website and its subdomains including but not limited to https://www.geeksidecollectibles.com (hereinafter collectively referred to as “Websites”) are owned and operated by Geek Side, LLC (“Geek Side”) and may be used for informational purposes only. By using the Websites or downloading materials from the Websites, you agree to abide by the terms and conditions set forth in this Notice. If you do not agree to abide by these terms and conditions do not use the Websites or download materials from the Websites.
  3. Limited License
    1. Subject to the terms and conditions set forth in this Notice, Geek Side grants you a non-exclusive, nontransferable, limited right to access, use and display the Websites and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Websites, deface or attempt to deface the Websites, or otherwise alter or attempt to alter the content of the Websites in any way.
    2. Geek Side authorizes you to view and download the information (“Materials”) from the Websites only for your personal, non-commercial use, unless explicitly authorized by Geek Side. This authorization is not a transfer of title in the Materials and is subject to the following restrictions:
      1. You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials.
      2. You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
      3. You must not transfer the Materials to any other person unless you give them Notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
      4. You agree to abide by all additional restrictions displayed on the Websites as it may be updated from time to time.
      5. The Websites, including all Materials, are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Websites and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Geek Side does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
  4. General Disclaimer
    1. INFORMATION ON THE WEBSITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
    2. IN NO EVENT WILL GEEK SIDE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE WEBSITES, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL THE LIABILITY OF GEEK SIDE AND IT’S SUPPLIERS RELATING IN ANY WAY TO THE SITE, THE SERVICES, OR THE CONTENT EXCEED $100 OR THE MINIMUM AMOUNT ALLOWABLE UNDER APPLICABLE LAW, WHICHEVER IS GREATER, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES, AND/OR THE CONTENT.
    3. Information on the Websites may contain technical inaccuracies or typographical errors. Information may be changed or updated without Notice. Geek Side may also make improvements and/or changes in the products and/or the programs described in this information at any time without Notice.
    4. Any comments or materials sent to Geek Side including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively, Feedback), shall be deemed to be non-confidential. Geek Side shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Geek Side shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
    5. Information Geek Side publishes on the Websites may contain references or cross references to Geek Side’s products, programs and services that are not announced or available in your territory or country. Such references do not imply that Geek Side intends to announce such products, programs or services in your territory or country. Consult Geek Side for information regarding the products, programs and services that may be available to you.
    6. As a convenience to you, Geek Side may provide, on the Websites, links to Web sites operated by other entities. If you use these Sites, you will leave the Websites. If you decide to visit any linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Geek Side makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Geek Side or the Websites sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Geek Side or any of its affiliates or subsidiaries.
  5. Copyright: All content, materials and programs included on or associated with the Websites, including the code, text, graphics and logos, are the exclusive property of or licensed to Geek Side unless explicitly stated otherwise. In addition, the overall look and feel and the compilation of all materials and content on the Websites are the exclusive property of Geek Side.
  6. Trademarks
    1. The trademarks, service marks and logos (Trademarks) used and displayed on the Websites are registered and unregistered Trademarks of Geek Side and others. Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Websites, without the prior written permission of the Trademark owner. Geek Side aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Geek Side, Geek Side’s logo or the other Geek Side formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without prior, written permission from Geek Side.
    2. Geek Side prohibits use of Geek Side’ logo as part of a link to or from any Site unless Geek Side approves establishment of such a link in advance in writing. Fair use of Geek Side’ Trademarks requires proper acknowledgment. Other product and company names mentioned in the Websites may be the Trademarks of their respective owners.
  7. Indemnification: You understand and agree that you are personally responsible for your reliance upon any information or recommendation provided on the Websites, its Content and Materials, by Geek Side’ personnel, your behavior on the Websites, and your Submissions. You agree to indemnify, defend and hold harmless Geek Side and Geek Side’s joint venturers, business partners, licensors, employees, agents, officers, directors, managers, owners, and any third-party information, Software, Content, Materials, and Web Services Application providers to the Websites and Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, special, consequential, punitive, exemplary and indirect damages), physical or otherwise, and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Websites, the Services, or the Content and Materials, participation in any Geek Side’s events, your reliance upon any information or recommendation provided by Geek Side’s personnel, your submissions, or any violation by you of these Terms of Use.
  8. Prohibited User Conduct
    1. You are prohibited from compromising the security or tampering with system resources and/or accounts related to the Websites. The use or distribution of tools designed for compromising security (e.g., password guessing manually or through programs, cracking tools, or network probing tools) is strictly prohibited. Geek Side may monitor your use of the Websites including without limitation the Services, to ensure your compliance with these Terms of Use. If you become involved, or are suspected to have become involved, in any violation of these Terms of Use, Geek Side reserves the right to investigate your activities for its own purposes and release the details of your violations to others in Geek Side’s sole discretion, including without limitation to governmental authorities, private investigators, or other users of the Websites in order to assist them in resolving security incidents.
    2. You agree not to use the Websites or any Services or Materials in any manner that violates any laws or infringes or misappropriates the intellectual property of, or interferes with the rights of, third parties. You may not take any action that imposes, or may impose in Geek Side’s sole discretion, an unreasonable or disproportionately large load on the Websites’ infrastructure or interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites, or bypass any robot exclusion headers or other measures Geek Side may use to prevent or restrict access to the Websites.
    3. The Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, reviews, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
      1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others including without limitation engaging in activity that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, ethnicity, gender, sexual orientation, physical ability, age, religion or nationality or that insults the victims of crimes against humanity by contesting the existence of those crimes.
      2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, material, or information.
      3. Upload, display, or otherwise make available files that contain images, photos, software, or other material that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.
      4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
      5. Use any material or information, including images, software, designs, photographs, or other material which is made available through the Websites in any manner that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.
      6. Advertise or offer to sell or buy any goods or services for any business purpose, unless Geek Side specifically allows such messages.
      7. Conduct or forward surveys, contests, pyramid schemes or chain letters.
      8. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
      9. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
      10. Restrict or inhibit any other user from using and enjoying the Communication Services.
      11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
      12. Harvest or otherwise collect information about others, including e-mail addresses, without consent from Geek Side and them.
      13. Violate any applicable laws or regulations.
      14. Create a false identity for the purpose of misleading others.
    4. Geek Side has no obligation to monitor the Communication Services. However, Geek Side reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Geek Side reserves the right to terminate your access to the Websites, Services, Materials, Content, and any or all of the Communication Services at any time without notice for any reason whatsoever. Geek Side reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Geek Side’s sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. Without limiting these Terms of Use, Geek Side does not control or endorse the content, messages, submissions, or information found in any Communication Service and Geek Side specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service, including, without limitation, your use of any Submissions and collaborations with other users of Communication Services.
  9. External Links to the Site: All links to the Websites must be approved in writing by Geek Side, except that Geek Side consents to links in which:
    1. The link is a text-only link containing only the name “Geek Side, LLC” or “Geek Side Collectibles”,
    2. The link “points” only to https://www.geeksidecollectibles.com and not to deeper pages,
    3. The link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website, and
    4. The appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Geek Side nor be such as to damage or dilute the goodwill associated with the name and trademarks of Geek Side or its affiliates. Geek Side reserves the ri­ght to revoke this consent to link at any time in its sole discretion.
  10. Forward-Looking Statements: You should not place undue reliance on forward-looking statements, since such statements speak only as of the date they are made. Certain statements contained in the Websites may constitute “forward-looking statements” within the meaning of the federal securities laws. Words or phrases such as “should result,” “are expected to,” “Geek Side anticipates,” “Geek Side estimates,” “Geek Side projects” or similar expressions are intended to identify forward-looking statements. These statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Geek Side’s historical experience and its present expectations or projections. These risks and uncertainties include, but are not limited to:
    1. conditions affecting the availability, acquisition, development and ownership of real estate;
    2. unanticipated weather conditions;
    3. stability of costs and availability of sourcing channels;
    4. Geek Side’s ability to attract, train and retain highly-qualified associates and members;
    5. general economic conditions;
    6. the impact of competition; and
    7. regulatory and litigation matters.
  11. International Users and Choice of Law
    1. The Websites are controlled, operated and administered by Geek Side from its offices within the United States of America. Geek Side makes no representation that materials on the Websites are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Websites in violation of U. S. export laws and regulations. If you access the Websites from locations outside of the United States, you are responsible for compliance with all local laws. The laws of the State of Florida shall govern these Terms and Conditions of use, without giving effect to its conflict of laws provisions.
    2. This Notice constitutes the entire agreement between Geek Side and you with respect to your use of the Websites. Any cause of action you may have with respect to your use of the Websites must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Notice or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Notice, and the remainder of this Notice shall continue in full force and effect.
  12. Security: The Websites have security measures in place and Geek Side will use its commercially reasonable best efforts to protect the loss, misuse and alteration of the information under Geek Side’s control. Geek Side’s computing equipment is in a secured environment. The information is password protected and is not accessible to unauthorized employees or personnel at any time. Unfortunately, no data transmission over the Internet can be 100% secure. As a result, Geek Side cannot warrant the security of any information you transmit to us and you do so at your own risk.
  13. Privacy: Geek Side takes User Privacy concerns very seriously. By using the Websites or downloading materials from the Websites, you agree to the Privacy Policy set forth by Geek Side and available at https://www.geeksidecollectibles.com/legal. If you do not agree to the Privacy Policy, do not use the Websites or download materials from the Websites.
  14. Contact: For questions about the policies contained herein, if you have any security concerns, or wish to report vulnerabilities, contact us at [email protected].

Last Modified: 31 March 2020

  1. Thank you for visiting our Website. This website and its subdomains including but not limited to https://www.geeksidecollectibles.com (hereinafter collectively referred to as “Websites”) are owned and operated by Geek Side, LLC (“Geek Side”). This Privacy Policy is meant to describe our policies and practices for collecting and using information we may obtain from you when you visit, use, exchange electronic messages with us, or download applications or content from our Websites. This Privacy Policy also applies to information collected offline through trade shows, seminars, or through other activities.
  2. These Websites are not intended for persons under 18 years of age. We do not knowingly solicit or collect personal information from or about children, and do not knowingly market our products or services to children.
  3. Information We Collect: We may collect the following types of information (collectively “Personal Information”) from users of our Websites:
    1. Information about your domain name and/or IP address when you visit our Websites.
    2. Your email address, if you communicate with us by email.
    3. If you voluntarily choose to provide it to us through our Websites or offline, information that is identifiable to you as an individual, including but not limited to name, company name, your title, postal address, e-mail address, telephone number, and account or transaction information that we collect as part of our business relationship with you.
  4. How We Use Your Personal Information:
    1. We may use the Personal Information we collect from you or that you provide to us:
      1. To present our Websites and their contents to you and allow you to participate in interactive features.
      2. To enhance the performance of our Websites and to improve our products and services.
      3. To provide you with Information, products, or services that you request.
      4. To provide you with notices about your communication preferences.
      5. To carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection, and generally comply with our legal obligations.
      6. To notify you about changes to our Websites or any products or services we offer or provide though them.
      7. To protect the security of you and our Websites.
      8. In any other way we may describe when you provide the Personal Information.
      9. For any other purpose with your consent.
    2. As required by applicable law, we rely on several different legal bases to collect, use, and share your Personal Information:
      1. Necessity to Perform Contract with You – we need to process your Personal Information to provide our products and services, ensure products and services are working as they should, answer questions and requests from you, manage our business relationship with you and provide customer support.
      2. Compliance with Legal Obligations – we need to process your Personal Information to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process.
      3. Consent for Direct Marketing Communications – we rely on your consent to send you direct marketing, which you can unsubscribe from at any time by clicking the unsubscribe link in the relevant communications or contact us as detailed below.
      4. Based on Legitimate Interests – we process your Personal Information to protect your security and the security of our Websites; to detect and prevent fraud; to protect and defend the rights or property of others, or our own rights and interests; and to maintain and improve the user experience.
    3. We do not use automated decision-making, including profiling, that is, in a way that produces legal effects concerning you or significantly affects you.
    4. You are not required to provide all Personal Information identified in this Privacy Policy to use our Websites or to interact with us offline, but certain functionality will not be available if you do not provide certain Personal Information. If you do not provide certain Personal Information, we may not be able to respond to your requests, perform a transaction with you, or provide you with marketing that we believe you would find valuable.
  5. Cookies and Pixel Tags: A cookie is a small file placed on the hard drive of your computer or other device. We are able to read the information stored in these cookies for information purposes when you revisit our Websites. We use the cookie information to know whether the Websites are operating optimally, whether you are a repeat visitor to our Websites, for personalized advertising, and to enable us to provide an enjoyable, personalized and innovative online experience for you. Generally, the type of information we collect through cookies is specific to your computer or other device and includes the IP address, date and time the device accessed our Websites, what parts of our Websites were visited, and whether the web pages requested were delivered successfully. We also use cookies to keep user preferences, such as “My Favorites.” This information is anonymous; it represents a computer rather than a person, and is no way linked to any personally identifiable information on our Websites. The information collected by all cookies and pixel tags includes general information about your computer settings, your connection to the Internet, the operating system and platform, IP address, your browsing patterns and timings of browsing on the site and geographical location. It does not contain your name, address, telephone number, or email address. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to the Websites or other web sites. Google’s use of advertising cookies enables it and its partners to serve ads to you based on your visit to the Websites and/or other sites on the Internet. To collect this information, we use a number of different analytics, media optimization tools, analytics tags and pixel tracking activity through ‘cookie’ technology or with ‘pixel tags’, as explained below:
    1. Cookies: In some instances, cookies may enhance your online experience by saving your preferences while you are visiting a particular site.  Most Internet browsers accept cookies automatically, but usually you can change the settings of your browser to erase cookies or prevent automatic acceptance altogether if you prefer.  Please be advised that if you choose to not allow browser cookies, you may not be able to take full advantage of all of our Websites’ features. We use two types of cookies on our Websites:
      1. Persistent Cookies – Also called a permanent cookie, or a stored cookie, a persistent cookie collects identifying information about the user including web-surfing behavior and user preferences for a specific website.  Persistent cookies are set with an expiration date and stored on your hard drive until it expires or until you delete from your computer.
      2. Session Cookies – also called a transient cookie, a session cookie stores information about a user on its temporary memory so that it can remember something about you when you are visiting that site.  Session cookies do not collect information from your computer and are erased when you close your Web browser.
    2. Pixel Tags: Certain pages on our Websites contain ‘pixel tags’ also known as internet tags, web beacons and clear GIFs. A pixel tag is a small graphic image placed on the web page designed to allow us to monitor incoming traffic and obtain information such as the IP address of the computer that downloaded the page on which the tag appears as well as the URL of the page, the time the page was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We also use pixel tags to recognize a unique cookie on your web browser, which enables us to learn which advertisements brought you to our Websites.
  6. Third-Party Vendors: In order to help gather more information about site usage, our Websites use advertising, analytics, media cookies and tags powered by third-party vendors. Additionally, the Websites also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which also uses cookies. The information generated by the cookie about your use of the Websites (including your IP address) is transmitted to and stored by Google on servers in the United States. Google uses this information f­or the purpose of evaluation activity, compiling Websites reports and providing other services relating to our Websites’ activity usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Geek Side will not identify users or facilitate the merging of personally identifiable information with non-personally identifiable information collected through any Google advertising product or feature unless explicitly stated in this Privacy Policy or on the Websites. By using the Websites or downloading materials from the Websites, you consent to that identification or merger. The following is a list of the tools our Websites use to help gather more information about site usage:
    1. Collection of data through Internet Service provider (IP address, time, location, browser, etc.);
    2. Website forms;
    3. Google services such as: Google Analytics (including Remarketing, Demographics, and Interest Reporting), Google Search Console, Google AdSense, Google AdWords, Google Display Network Impression Reporting, integrated services that require Google Analytics to collect data for advertising purposes (including the collection of data via advertising cookies and identifiers), and conversion tracking;
    4. Facebook;
    5. Bing Webmaster Tools and related services;
    6. Twitter;
    7. eBay;
    8. Instagram;
    9. LinkedIn and LinkedIn Insights;
    10. YouTube;
    11. WordPress;
    12. WooCommerce;
    13. Mailchimp;
    14. PayPal;
    15. Swipe; and
    16. Cloudflare.
  7. Disclosure of Your Personal Information: We take appropriate steps to keep Personal Information confidential and only disclose this Personal Information to personnel in Geek Side or a third party that needs to have access to the information for legitimate business purposes.  We may make your Personal Information available to our distributors, sales representatives or other business affiliates so that they may respond to a visitor’s inquiry or provide information about our own or related goods or services that we believe support your business needs. We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:
    1. To our subsidiaries and affiliates.
    2. To contractors, service providers and other third parties we use to support our business.
    3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Geek Side’s assets or stock, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which information held by Geek Side about our Websites users is among the assets transferred.
    4. To fulfill the purpose for which you provide it.
    5. To comply with any court order, law, or legal process, including responding to any government or regulatory request, or to prevent fraud or other illegal activities, such as willful attached on our information technology systems, and as necessary to establish or preserve a legal claim or defense.
    6. To enforce or apply our Terms of Use located at https://www.geeksidecollectibles.com/legal and other agreements between us, including for billing and collection purposes.
    7. If we believe disclosure is necessary or appropriate to protect the rights, property, privacy or safety of Geek Side, our customers, or others.
    8. Aggregated with information about other users so that it does not identify any individual.
    9. For any other purpose disclosed by us when you provide the Information.
    10. With your consent.
    11. We will not disclose, sell or release Personal Information that we collect or you provide as described in this Privacy Policy to be used in marketing, solicitation of outside services, or otherwise by third parties without prior consent.
  8. Data Security: We have implemented reasonable measures designed to secure your Personal Information against accidental loss, unauthorized access, use, alteration, and disclosure. These measures include using Secure Socket Layer (SSL) technology to encrypt transaction data, and password-controlled access to parts of our Websites. You are responsible for keeping your password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure. No one can guarantee the security of your Personal Information transmitted to our Websites, including us. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.
  9. Changes to Our Privacy Policy: If we make changes to how we treat our users’ Personal Information that we consider to be material, we will notify you by posting a notice on our Websites, by posting the newest Privacy Policy at https://www.geeksidecollectibles.com/legal and indicating the most recent revision date at the top of the page, and ask for your consent to the changes if legally required to do so.
  10. Notice to California Residents: If you are a California resident, you are permitted by California law to request information regarding the disclosure of your Personal Information by Geek Side to third parties for the third parties’ direct marketing purposes. This Privacy Policy applies only to activities within the State of California. You may request such information by sending an email to us at: [email protected].
  11. Notice to Citizens and Residents of Canada: The Personal Information provided or collected by use of this Websites will be stored on servers located in the United States of America. If you wish to review or change the details we have about you, please contact us at [email protected].
  12. Notice to European Union Users: Geek Side’s operations are located primarily in the United States of America. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States of America. By providing personal information to us, you are consenting to its storage and use as described herein.
  13. Your Access Rights and Choices: If you are a resident of a country that provides you with the right to request a copy of the Personal Information we hold about you and/or to correct any inaccuracies within such data, and we are required by applicable laws to respond to such requests, then you may address such requests to [email protected]. We will use reasonable efforts to supply, correct or delete information that we hold about you or to advise you if we are not required by applicable laws to comply with such requests. You have the following choices regarding our use and disclosure of your Personal Information:
    1. Marketing Communications – If you no longer wish to receive any marketing communications, remain on a mailing list to which you previously subscribed or receive any other communication from us, please follow the unsubscribe link in the relevant communications or contact us at [email protected].
    2. Cookies and Similar Technologies – Please review your browser or computer settings for certain cookies and see above to exercise certain choices regarding cookies.
    3. Personalized Advertising Cookies – If you wish to opt-out of personalized advertising, you may opt-out of some third-party vendors’ uses of cookies for personalized advertising by visiting: https://www.aboutads.info/choices/
    4. Google Analytics – If you wish to prevent your data from being used by Google Analytics, you may opt-out by installing the Google Analytics Opt-out Browser Add-on available from Google: https://tools.google.com/dlpage/gaoptout/
  14. Personal Information Data Retention: We only retain your Personal Information for the minimum amount of time necessary to accomplish the purpose for which it was collected.
  15. Third-Party Services: Our Websites may provide links to other third-party websites and services which are outside our control and not covered by this Policy. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to review the privacy statements posted on these (and all) sites you visit.
  16. Questions/Comments: For questions about our privacy practices, if you have any security concerns, or wish to report vulnerabilities, contact us at [email protected].

Last Updated: 31 March 2020

All orders placed with Geek Side, LLC, orders made through any webstore such as https://www.geeksidecollectibles.com, webstores that may be branded using the names of other entities and embedded in the websites of those other entities (hereinafter collectively reffered to as “Websites”), and orders to be shipped directly from a supplier are subject to the terms of these Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of these Conditions of Order will prevail and such terms will be the sole terms governing the order.

  1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. You agree that your order is an offer to buy, under these Conditions of Order, the Products listed in your order. Geek Side, LLC, at its discretion, may choose to accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order in Geek Side, LLC’s sole discretion. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
  2. Quantity Limitations. Geek Side, LLC may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Geek Side, LLC may reject any order, or any part of an order.
  3. Electronic Communication. When you place an order via the Websites, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Geek Side, LLC will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications.
  4. Pricing and Product Information. Geek Side, LLC makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Geek Side, LLC relies on the original manufacturer or reseller authorized by the manufacturer to provide any product warnings related to use of the products and/or chemicals that may be in the products, including, but not limited to safe harbor warnings under California’s Safe Drinking Water and Toxic Enforcement Act (commonly known as Proposition 65).Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Geek Side, LLC’s completion of your order. In the event Geek Side, LLC discovers a material error in the description or availability of a Product that affects your outstanding order with Geek Side, LLC, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Geek Side, LLC will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars. Geek Side, LLC is not responsible for pricing, typographical, or other errors in any offer by Geek Side, LLC and Geek Side, LLC reserves the right to cancel any orders arising from such errors.
  5. Payment. Geek Side, LLC offers the following payment methods:
    1. For United States customers: Except as otherwise provided on the Websites, Geek Side, LLC offers PayPal. Geek Side, LLC cannot accept personal checks or certified personal checks. Payment must be made in the currency in which the order was placed.
    2. For Other International customers: Except as otherwise provided on the Websites, Geek Side, LLC offers PayPal. Geek Side, LLC cannot accept personal checks or certified personal checks. Payment must be made in the currency in which the order was placed.
  6. Shipping Charges.
    1. Products Shipping from Geek Side, LLC’s Warehouse. Except as otherwise provided on the Websites:
      1. Shipping or freight charges and insurance will be paid by the customer,
      2. All sales are made FOB Geek Side, LLC’s warehouse in Pinellas Park, FL, USA, and
      3. Shipping or freight charges from Geek Side, LLC’s warehouse in Pinellas Park, FL, USA are prepaid and added to the invoice.
    2. Products Shipping Directly from Suppliers. Except as otherwise provided on the Websites:
      1. Shipping or freight charges and insurance will be paid by the customer,
      2. All sales are made FOB supplier’s warehouse, and
      3. Shipping or freight charges from supplier’s warehouse are prepaid and added to the invoice.
    3. Excessive Weight or Size. Shipments of excessive weight or size may require additional charges. Geek Side, LLC will notify you prior to shipment if these conditions exist.
    4. International Shipments. Availability of ship methods is dependent on the destination country. Except as otherwise provided on the Websites:
      1. The shipping costs will be prepaid and added to your order, and
      2. All import licenses, duties, tariffs, taxes and brokerage fees will be your responsibility.
  7. Handling Charge. There is no minimum order or handling fee.
  8. Taxes. Except as otherwise provided on the Websites, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. Geek Side, LLC charges sales tax unless you have a valid sales tax exemption certificate on file with Geek Side, LLC. Geek Side, LLC will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and Geek Side, LLC is required to pay tax on your purchase, you will reimburse and indemnify Geek Side, LLC for the amount of such tax and any related penalties or other charges, and Geek Side, LLC’s reasonable expenses incurred in connection with the payment and collection of such tax. E-mail your resale certificate and customer number to: “Attention: Sales Tax” at [email protected].
  9. Out of Stock. If a Product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment date. Except as otherwise provided on the Websites, additional shipping charges will apply to each shipment. Backorders may be available for certain Products and, if available, will be processed based on your request.
  10. Export Compliance. In addition to the United States and its territories, Geek Side, LLC accepts international orders. Some Products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign jurisdictions, agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, transship, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign jurisdictions, agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations.
  11. Freight Damage. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact [email protected] immediately to initiate a claim.
  12. Return Policy. In most cases, ALL SALES ARE FINAL. In the interest of Customer Satisfaction, however, Geek Side, LLC will at its sole discretion accept merchandise returns subject to the terms outlined in this Section 12 and will replace the Product or refund your money at your option after approval of condition based on inspection of the merchandise return by Geek Side, LLC.
    1. To facilitate processing of returned merchandise if Geek Side, LLC approves of the return:
      1. Please obtain an RMA (Returned Merchandise Authorization) number prior to returning a Product(s) by emailing [email protected].
      2. For all returns not relating to manufacturers’ warranties, returns must be made within 14 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in resalable condition.
      3. Certain products shipped directly from suppliers must be returned to the supplier after obtaining the RMA number from Geek Side, LLC.
      4. Upon obtaining an RMA number you will be instructed where to return the Product.
      5. All merchandise returns will undergo inspection of the Product and original packaging by Geek Side, LLC. Upon inspection, Geek Side, LLC will determine at its sole discretion what will and will not be eligible for credit.
      6. Return freight charges must be prepaid.
      7. Products returned solely due to customer error may be subject to a restocking charge.
      8. To the extent that Geek Side, LLC purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.
      9. Parts specified as “Non-Cancelable/Non-Returnable” at time of quote or sale are not returnable.
      10. Returns relating to manufacturers’ warranties are subject to the terms and conditions of the applicable manufacturer’s warranty and the applicable manufacturer’s return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact [email protected] for details.
    2. By returning any product to Geek Side, LLC or supplier (as applicable), you represent and warrant that the returned product was purchased through a Geek Side, LLC Websites, and is not counterfeit or otherwise non-conforming. You acknowledge that Geek Side, LLC does not accept any counterfeit products, and in the event you send Geek Side, LLC any counterfeit products you will be liable for all damages related thereto and will indemnify Geek Side, LLC against any claims and damages related to such counterfeit products. You also agree that Geek Side, LLC or supplier (as applicable) may inspect and test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates these Conditions of Order. In the event Geek Side, LLC or supplier determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates these Conditions of Order, Geek Side, LLC or supplier may:
      1. Report such problem to any applicable governmental or regulatory agency or any other applicable third party;
      2. Quarantine such product for further testing or other analysis; and/or
      3. Take such other actions as may be required or permitted under applicable law.
  13. Product Warranty
    1. General Product Limited Warranty. ALL PRODUCTS ARE SOLD ON AN “AS-IS,” “WHERE IS,” AND “AS-AVAILABLE” BASIS. Geek Side, LLC agrees to transfer to you, at the time of sale, to the extent transferable, the warranties Geek Side, LLC receives from manufacturers with respect to the Products sold by Geek Side, LLC to you. COPIES OF SUCH MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING GEEK SIDE, LLC. 
    2. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 13:
      1. GEEK SIDE, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, AND
      2. GEEK SIDE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. Geek Side, LLC shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided by Geek Side, LLC to you subject to any and all applicable intellectual property rights of third-parties and user licenses. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Except for a duly-authorized officer of Geek Side, LLC making an additional warranty in writing, no employee or agent of Geek Side, LLC or any other party is authorized to make any warranty in addition to those made in this Section 13.
  14. Limitation of Liability. IN NO EVENT SHALL GEEK SIDE, LLC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT, EVEN IF GEEK SIDE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF GEEK SIDE, LLC RELATING IN ANY WAY TO ANY PRODUCT EXCEED THE PURCHASE PRICE FOR THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON THESE LIMITATIONS, AND YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some States may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.
  15. Force Majeure. Geek Side, LLC will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Geek Side, LLC’s time for delivery or performance will be extended by the period of such delay or Geek Side, LLC may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.
  16. Applicable Law; Dispute Resolution; Limitation on Actions. The laws of the State of Florida shall apply to these Conditions of Order, without regard to any conflict of law provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Conditions of Order. Any controversy or claim arising out of or relating to the Conditions of Order or your purchase or use of Products (a “Dispute“) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Pinellas Park, Florida. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Order will be joined to an arbitration involving any other party subject to these Conditions of Order, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Florida. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Geek Side, LLC, Geek Side, LLC may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Geek Side, LLC’s or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to exclusive jurisdiction and venue of the State and Federal courts of the State of Florida with respect to any such injunctive or other relief. You further acknowledge that Geek Side, LLC’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute initiated by you must be instituted within one (1) year from the date of purchase or provision of the Product at issue except for a Dispute based on breach of warranty which must be instituted within ninety (90) days of the date Geek Side, LLC denies a warranty claim under Section 13 of these Conditions of Order.
  17. General Provisions. These Conditions of Order constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Geek Side, LLC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by you by operation of law, merger or otherwise, without the prior written consent of Geek Side, LLC. These Conditions of Order and the subject matter that they cover, including without limitation the purchase of Products, do not create any joint venture, partnership, employment, or agency relationship between you and Geek Side, LLC or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns, and do not and are not intended to confer any rights or remedies upon third-parties. 
  18. Changes to the Conditions of Order. Geek Side, LLC reserves the right to change the terms of these Conditions of Order without notice. You are responsible for reviewing these Conditions of Order prior to your purchasing of Products, and your purchasing of Products after any changes to these Conditions of Order acknowledges your agreement to the then current Conditions of Order. In the event that a change or update is made to these Conditions of Order, the “Last Updated” field will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the Websites, as a default, you elect to receive e-mails that Geek Side, LLC may in its discretion send notifying you of changes to this Conditions of Order and/or other Geek Side, LLC policies. You may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of these Conditions of Order to the contrary, Geek Side, LLC may make changes to these Conditions of Order in its sole discretion and such changes shall be binding on you and Geek Side, LLC.