Geekidoc Terms of Use

Revised: May 26, 2022

These Geekidoc Terms of Use (“Terms”) govern the access to and use of the website www.geekidoc.com and related domain names (collectively, “Website”) by an individual user or entity (“you” and “your”). By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THE WEBSITE.

Supplemental terms and conditions or documents that may be posted on the Website from time to time are expressly incorporated into these Terms by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Revised” date of these Terms of Use. If we have your email address, we will send you a notification about the changes to be implemented. It is your responsibility to periodically review these Terms to stay informed of updates. You will be deemed to have been made aware of, accepted, and you will be subject to the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms are posted.

1. About the Website

The Website is owned and operated by Geekidoc, Inc. having a registered address at 15 Abruyn Street, Kingston, New York 12401, the United States of America and the EIN 81-3117993 (“we,”“us,” or “our”). The Website is an e-commerce website that allows you to purchase items to be used in studying medical subjects, including, but not limited to, anatomical models, EKG calipers, orchidometers, suture kits, and monofilaments (“Products”). The Products are designed for and should be used for studying purposes only; the Products or any parts thereof cannot be used to diagnose patients or conduct medical examinations.

2. Healthcare Disclaimer

The Website is provided for general educational and informational purposes only and made in good faith, without verifying the accuracy, utility, or clinical validity of any information and should not be relied on as the sole basis for making decisions. This Website may provide specific health information, none of which is intended to be specific to your medical condition. Nothing contained in this Website is intended to be construed as medical or other professional advice. You are responsible for making independent determinations about the information you receive on the Website and reliance on any such information provided is solely at your own risk. This Website is not intended to create a physician-patient relationship. If you have a medical complaint or suspect a medical problem, we strongly urge you to seek immediate medical attention. No warranty, representation, or guarantee is being made that any medical information provided via the Website is accurate, complete, exhaustive, reliable, current, appropriate, useful, or fit for a particular purpose. No liability or responsibility will be assumed by us for the accuracy, completeness, or usefulness of any medical information disclosed via the Website and we have no obligation to you for your use or reliance on the same, including no liability for subsequent damage or loss resulting from use of or reliance on any medical information posted on the Website.

3. Accuracy, Term, and Modification to Terms

Although we strive to provide accurate information on the Website, certain information made available through the Website (such as pricing information and Product availability) are subject to change and may not be accurate, complete or current. We are not responsible if any information on the Website is inaccurate, incomplete, or out-of-date.

These Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.

We reserve the right to change, modify or remove any of the terms and conditions contained in these Terms at any time or for any reason at our sole discretion. However, we have no obligation to update the information on the Website.

We also reserve our right to modify or discontinue all or part of the Products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Products.

4. License to Use Website

The Website is intended for users who are at least 18 years old. Subject to full compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, nonassignable, revocable license to access and use the Website for your general information and education only, provided that you agree NOT to:

Download any portion of the Website, except that you may download and/or print a copy of information provided on the Website for your personal use only if you keep intact all copyright, proprietary statements and trademark notices. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from the respective copyright holder(s).
Republish, incorporate, or otherwise use the Website or reproduce, distribute, publicly perform, or publicly display any part of the Website without our express written consent.
Use data mining, scraping, or other data gathering or extraction methods on the Website.
Modify or otherwise make any derivative use of the Website.
Resell or use the Website for commercial use without our express written consent.
Use the Website to gain advertising or subscription revenue.
Sell advertising on our Website.
Use the Website in any way that violates any applicable federal, state, local or international law.
Use the Website to engage in any conduct that harasses, intimidates, bullies, or otherwise restricts or inhibits the use or enjoyment of the Website by any other user, or which we find, in our sole discretion, harms us or users of the Website.
Introduce any virus, Trojan horse, worm, or other malicious technology to the Website, or launch any kind of denial-of-service attack on the Website, or otherwise attempt to interfere with the proper operation of the Website.

Any use of the Website other than as specifically authorized in these Terms is strictly prohibited and will terminate the license granted in these Terms. In addition, we reserve the right to refuse to grant access to or use of the Website to any person for any reason at any time.

5. The Products

The Products may be available in limited sizes and quantities. We use reasonable efforts to display colors, images, and other specifications of the Products accurately. However, we cannot guarantee that the screen of your computing device will display the colors and images of the Products accurately. Although we use reasonable efforts to ensure the quality of the Products, we cannot warrant that the quality of the Products will meet your expectations. The Products are available as long as they are displayed on the Website or as long as our stocks last. An “out of stock” or similar notice placed next to the Products indicates that the Products are not available. We reserve the right, but are not obliged, to:

Limit the sale of the Products for any person, geographic region and may exercise this right on a case-by-case basis;
Limit the quantities of the Products for sale;
Change the descriptions and pricing of the Products at any time with or without prior notice;
and Discontinue the Products at any time.

6. Shipping and Delivery

Shipping. We will arrange for the Products that you order to be delivered to the delivery address that you specify during the checkout process. Please note that we do not deliver to PO boxes. The applicable shipping charges (if any) will be calculated and displayed to you during the checkout. After the Products have been dispatched, you will receive a shipment confirmation email with a tracking number and an estimated delivery time. We ship the Products to the continental United States only. The estimated delivery times and delivery fees remain subject to change at our sole discretion.

Our responsibility. We are not responsible for any fees applied by third parties during or after shipping (tariffs, taxes, etc.). Such fees must be paid by you. We will not reimburse such fees. We are not liable for any Products that were damaged during shipment. If you receive damaged Products, please contact us within 24 hours following the receipt of the damaged Products. If the damage was caused by our delivery partner, you may need to file a claim with it.

Delivery delay. We use reasonable endeavors to ensure that the Products are delivered on or before the date indicated for delivery. However, we cannot guarantee delivery by this date as the delivery is executed by our third-party delivery partners and we are not liable for any delays that occur outside our reasonable control. If you have not received your Products during the specified delivery times, please contact us and we will look into your order.

Delivery failure due to your fault. If (i) our delivery partner is unable to deliver your Products, (ii) such failure occurs due to your fault, and (iii) you do not collect your Products from the delivery partner within the relevant time period, we may, but have no obligation to, agree to arrange for re-delivery of the Products. We reserve the right to charge you for the actual costs of re-delivery. Below are examples of situations where a failure to deliver is considered to be your fault:

You provided the wrong address for delivery;
There is a mistake in the address for delivery that was provided;
The address for delivery is not reasonably or safely accessible;
If in-person receipt is not required, there is no easy and secure means of leaving the Products at the address for delivery and there is no person available to accept delivery; or
If in-person receipt is required, there is no person available to provide a signature.

7. Fees, Payments, and Refunds

The Fees. The order of the Products is subject to the applicable fees (the “Fees”) payable by you in accordance with the schedule of the Fees available on the respective webpage of each Product. By concluding a purchase contract with us (i.e., placing your order), you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as (i) they are indicated on the Website or (ii) as communicated by us. The Fees are subject to a change without a prior notice. Any changes to the Fees will be made available to you and, if necessary, we will request you to provide consent to the amendments of the Fees.

Taxes. Unless indicated otherwise, the Fees exclude sales tax and duties imposed by taxing authorities. We are not responsible for covering any Internet service fees, surcharges, and other amounts incurred as a result of your use of the Website and you are solely responsible for covering such costs.

Payment. All payments related to the Website and your orders are processed by our third-party payment processors Stripe and PayPal (the “Payment Processors”). When you make a payment on the Website, the Payment Processors collect some personal data from you which allow them to make the payments requested by you (e.g., your credit card number, expiration date, billing address, and security codes). The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing. We do not have direct access to your full payment information – only a part of it is made available to us by the Payment Processors. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.

Faulty Products. If you find that the Products that you have received are faulty or wrong Products have been delivered to you, you can, within 14 days from the day you received the said Products:

Cancel the purchase and return the Products to us;
Request a reduction of the Fees (please contact us for further information), which we may or may not agree to at our sole discretion;
Request to replace the Products with the same non-faulty Products or similar Products (please contact us for further information).

Refunds. To request a refund, you must contact us by email at geek@geekidoc.com and explain the issue. Also, if we ask you to do so, you may be required to return the faulty Products to us. If we approve your refund request, we will refund the Fees in full or in part, including initial basic (cheapest) delivery costs (if any), by using the same payment method that was used to make the payment. The refund may be withheld until we receive the returned Products, the Products are assessed as being properly returned back, or you have supplied evidence of having sent back the Products, whichever is the earliest.

8. Copyright Policy

Unless otherwise indicated, the Website is our proprietary property protected by United States and international copyright laws. All rights are reserved. You may not use the Website for anything that is not allowed under these Terms or the copyright laws of the United States. Nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Website. We have adopted a policy of terminating users of the Website who are deemed to be repeat copyright infringers. You should be aware of and comply with applicable copyright laws. Any breach of these Terms shall result in the immediate revocation of the license granted through these Terms without notice to you. If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with us by email to geek@geekidoc.com. To draft a proper takedown notification, please:

Identify with sufficient detail the protected work that you believe has been infringed;
Identify the material that, in your opinion, is infringing and provide sufficient information that permits us to locate the material;
Provide us with your contact details or the contact details of the person that submits the complaint (address, telephone number, and email address);
Add the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
Sign the document; and
Send the document to us by email at geek@geekidoc.com.

If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorney fees, incurred by us or the alleged infringer as the result of our reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.

If you believe that any content you submitted, which was removed (or access was disabled), is not infringing, or that you are authorized by the copyright owner, the copyright owner’s agent, or by law, to post and use such content, then you may send a counter-notification to geek@geekidoc.com, acting as our designated copyright agent, containing the following information: (i) Your physical or electronic signature; (ii) Identification of the content that was removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv)Your name, address, phone number, and email address, a statement that you consent to the jurisdiction of the state of New York, the United States of America, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or you, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

9. Intellectual Property

The Website includes both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you. In addition, the look and feel of the Website is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse the Website, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of the Website may be distributed for commercial gain nor shall it be sold, modified or incorporated in any other work, publication, or website.

10. Links

You may not use our logo or any other proprietary graphic to link to the Website; however, we permit text links to content on our Website, provided: (i) the purpose of the link is not to damage the reputation of the Website, its representatives, or users; (ii) the appearance of the link does not imply any association with us or the Website that does not exist; and (iii) when accessed, the link must open in full-screen, and not as a frame on the linked website. Third-party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from our Website or websites linking to our Website. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Website, you expressly relieve us from any liability arising from your use of third-party websites. When you leave the Website, you should be aware that our terms and policies will no longer apply.

11. Submissions

You acknowledge and agree that any feedback, reviews, comments, questions, suggestions, ideas, or other communication or materials (collectively, “Submissions”) provided by you via our Website as a submission to us will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use any Submission. All Submissions will be treated as non-confidential.

You must ensure that the Submissions comply with these Terms and any applicable laws, including intellectual property rights of others. You understand and agree that, in order to ensure the security of the Website, we may, but have no obligation to, monitor or review the Submissions. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the Submissions, in whole or in part, that violates these Terms or may harm the reputation of our business. However, you remain solely responsible for your Submissions.

You are not allowed to make publicly available personal information of persons who have not provided you with their prior authorisation or consent to share that personal data (e.g., you cannot publish name and contact details of a person who has not allowed you to do so) through the Submissions.

The Submissions include your personal views and recommendations. The Submissions do not reflect our views, recommendations, endorsement, or any commitments related thereto.

12. Website Disclaimer

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES OFFERED OR AVAILABLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AS TO THE ACCURACY OR RELIABILITY OF THE WEBSITE, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY OF ONLINE SERVICES AND OTHER CONTENT ON THE WEBSITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE WEBSITE IS AT YOUR SOLE RISK.

13. Changes, Interruptions and Termination

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time and for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms will be construed to obligate us to maintain and support the Website. We may block, deny, terminate, suspend, or limit your access to or use of the Website in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Website or to supply any corrections, updates, or releases in connection therewith.

14. Limitation of Liability

IN NO EVENT WILL WE OR OUR EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Indemnification

As a user of the Website, you agree to defend, indemnify, and hold us harmless, including our employees, contractors and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees), which arise from: (i) your use of and access to the Website; (ii) your violation of these Terms; (iii) your violation of the rights of a third party, including by not limited to intellectual property rights; or (iv) any act or omission by you related to the Website.

16. Privacy

These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and performed within the State of New York, without resort to its conflict of law principles. This section does not affect any statutory rights that you are entitled to as a consumer.

Breach of the Terms
If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:

Send you a formal warning;
Cancel your order;
Temporarily or permanently prohibit your use of the Website;
Report you to the relevant public authorities; or
Commence a legal action against you.

18. Miscellaneous

Merger or acquisition. In the event the Website, during the term of these Terms, is acquired, merged, or sold, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by and stopping to use the Website.

Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

Entire agreement. These Terms, together with the documents referred to therein, represent entire agreement between you and us regarding your relationship with us and govern your use of the Website.

19. Questions and Feedback

If you have any questions, comments, or want to report a violation regarding these Terms, please send us an email to: geek@geekidoc.com.
You may also contact us by mail: Geekidoc, INC, 15 Abruyn Street, Kingston, New York 12401, USA.