Services provided by GetAt Inc.
Effective: March 1, 2017
From time to time we may make available certain Services to which additional terms may apply. Additional terms will be available within those Services, and those terms will also become part of your agreement with us if you choose to access or use those Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND GetAt Inc. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND THAT YOU AND GetAt inc. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Who Can Use the Services
By using the Services you agree and acknowledge that:
• You can form a legally binding contract with GetAt Inc.
• You are at least 17 years of age
• You are creating an account for (i) yourself, or (ii) a business or entity on whose behalf you are expressly authorized to create an account
• You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction
• You are solely responsible for all activities on our account including maintaining control over who accesses the phone number used for account setup and for providing account and profile information, and for controlling access to your email communications with GetAt Inc., at all times.
Rights You Have in the Services
By downloading or using our software, including the Get@ mobile app, you agree that the software may occasionally download and install upgrades, updates, and additional features from us on your device to improve, enhance, and further develop the Services. This may be done in the background when necessary or convenient, and may be done without notification to you. You agree not copy, modify, distribute, rent, sell, lease, transfer, or assign any part of the Services. You agree not to reverse engineer or attempt to extract the source code of software underlying the Services.
Rights You Grant Us
The Services may allow you to upload, submit, store, send, or receive content. You give and represent that you have the right to give GetAt Inc., our affiliates and subsidiaries, business partners, and service providers, a perpetual, royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works of, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the purpose of promoting and improving the Services, to develop new Services, and as otherwise granted by you.
You are solely responsible for all your User Content.
You fully understand and agree that we cannot be required to backup, secure, archive, restore or guarantee the integrity of your User Content on our servers and the Cloud, and that your User Content may be deleted, corrupted, or lost at any time without notice and without the possibility of reconstruction or retrieval.
By using our Services, you grant us the right to perform analytics and additional data processing activities and disclose and use the analytics internally and/or through third parties, based on the information that we collect and receive about you and your activities when you use our Services.
Feedback or suggestions are welcome, but you agree that, whether the communication is solicited or unsolicited, we can use the ideas contained therein without compensating or crediting you.
Community Guidelines and Agreements
GetAt Inc. respects the rights of others and requires its users do the same. In accessing or using the Services, you agree to the following:
You agree that Your Account with strictly conform to the following rules:
• You will keep your login credentials secure.
• You will not create more than one account for yourself.
• You will not create another account if we have already disabled your account.
• You will not sell, transfer, license, or assign access to your account.
• You will not solicit, collect, or use the login credentials of other Get@ users.
• You must not create accounts with or access the Services through unauthorized means, including but not limited to by using an automated device, script, bot, spider, crawler, scraper, or unauthorized third-party application or client.
Your agree that your Use of Your Account is subject to the following restrictions:
• You must not access or use the Services for any illegal or unauthorized purpose.
• You are responsible for any activity that occurs through your account and you agree that you will not rent, sell, transfer, license, or assign your account, username, or any account rights.
• You must not change, modify, adapt, or alter the Services or change, modify, adapt, or alter another website so as to falsely imply that it is associated with the Services.
• You must not use or develop any third-party applications that interact with the Services and its content or information (including other users' and your content) without our written consent.
• You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any of Get@ app's screens and pages are rendered or displayed in a user's browser or on a user’s device.
• You must not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You must not probe, scan, or test the vulnerability of the Services or any system or network.
We may make services, features, or functionalities available to you (including through links) that are operated by a third party. Each party’s terms will govern your relationship with them. We are not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
GETAT INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES. YOU UNDERSTAND THAT, BY ACCESSING AND USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE AND THAT GETAT INC. IS NOT RESPONSIBLE FOR SUCH CONTENT. GETAT INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY DAMAGE (WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE) INJURY, CLAIM, LIABILITY, OR ANY OTHER CAUSE OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY CONTENT.
BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
Limitation of Liability
GETAT INC. AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES MADE AVAILABLE ON OR THROUGH THE SERVICES; OR (III) UNAUTHORIZED USE, ACCESS, OR ALTERATION OF THE SERVICES OR YOUR CONTENT ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GETAT INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED $150.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. YOU AND GETAT INC. AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION, AS DESCRIBED IN THIS SECTION.
Waiver of Jury Trial.YOU AND GETAT INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and GetAt Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are general more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and GetAt Inc. over whether to vacate or enforce an arbitration award, YOU AND GETAT INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.
Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in “Venue,” below.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. This waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor GetAt Inc. can force the other to arbitrate. To opt out, you must notify GetAt Inc. in writing no later than 30 days after first creating a Get@ account or becoming subject to this arbitration agreement, whichever is earlier. Your notice must include your name and address and, if you have a Get@ account, your Get@ username and the phone number you used to set up your Get@ account, as well as a valid email address for contacting you. The notice must also include an unequivocal statement that you want to opt-out of this arbitration agreement. You must mail your opt-out notice to the address of record of GetAt Inc.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with GetAt Inc.
Choice of Law
GetAt Inc. will comply with all authorized and verified account deletion requests within a reasonable time frame. However, please note that all your User Content will not be accessible, either via the Get@ app or by other means, after the account is deleted.