TERMS AND CONDITIONS
Welcome to GetSet. GetSet Learning, LLC and our affiliated companies ("GetSet" or "we") provides this website, its mobile applications, and other tools we use to provide GetSet's services (together, the "Platform") on the following terms and conditions. Please read these Terms and Conditions ("Terms") carefully before using the Platform. By using the Platform in any capacity, you agree to these Terms; if you do not agree to these Terms, you may not use the Platform.
These Terms are effective as of December, 2021. GetSet reserves the right to change our Platform or these Terms at any time. We encourage you to review these Terms occasionally to stay informed about any changes. Any changes to these Terms will become effective upon posting. When we change these Terms, your continued use of the Platform signifies your acceptance of the updated Terms.
Your use of the Platform
You may use the Platform to obtain information on GetSet and its services and products, and to order, receive, or use its services and products. Except as expressly permitted in these Terms, and without the prior written consent of GetSet, you may not:
- Reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using "framing" technology, download or copy any information on the Platform;
- Use data mining, robots, or similar data gathering and extraction tools with respect to the Platform, other than solely for search indexing;
- Or otherwise distribute or commercially exploit the Platform or the data provided on the Platform.
Further, you may not use any meta tags or any other "hidden text" utilizing GetSet's name or trademarks without the prior written consent of GetSet.
Your rights to use the Platform are personal and non-transferable. In other words, you may not sell or otherwise transfer any of your rights to use the Platform to any third party. Any attempt to do so shall automatically terminate all of your rights to use the Platform.
Any unauthorized use of the Platform terminates the permission granted by GetSet for your use of the Platform. Violations include, but are not limited to:
- Profane, defamatory, offensive, or violent language;
- Trolling or posting deliberately disruptive statements meant to throw discussions off track;
- Attacks on specific groups or any comments meant to harass, threaten, or abuse an individual;
- Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation, or political beliefs;
- Links or content containing sexually explicit content;
- Conspiring to commit illegal acts;
- Spam, link baiting, or files containing viruses that could damage the operation of other people’s computers or mobile devices;
- Acknowledgement of intent to stalk an individual or collect private information without disclosure;
- Commercial solicitations or promotion of a competitor;
- Violations of copyright or intellectual property rights;
- Disclosing or publishing of personal information, including, but not limited to, information protected under the United States Family Educational Rights and Privacy Act (FERPA) of 1974;
- Content that relates to confidential or proprietary business information;
- Content determined to be inappropriate, in poor taste, or otherwise contrary to the purposes of the Platform;
- Promoting competing products, services, or brands;
- And promotion of a personal product, service, or brand.
You may create a GetSet account to access password protected areas of the Platform. You are responsible for maintaining the confidentiality of your account and password and for preventing anyone else from accessing your GetSet account. If you suspect unauthorized access to your account or your information, it is your responsibility to contact GetSet immediately by emailing firstname.lastname@example.org. You agree to accept responsibility for all activities that occur under your account. GetSet reserves the right to refuse service, terminate access, delete accounts, or remove or edit content in its sole discretion.
Submitting information on the Platform
You own the intellectual property rights in all posts, profile information, messages, images, content, and other information you provide through the Platform (collectively, your "Submissions"). When you make a Submission, you grant us a non-exclusive, transferrable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce (copy), modify, adapt, translate, host, transmit, execute, publicly perform and display and create derivative works of your Submission. You can delete individual Submissions or you can delete all Submissions by closing your account.
You acknowledge that you, not GetSet, have full responsibility for your Submissions, including their legality, reliability, appropriateness, originality, copyright, and adherence to these Terms, and that your Submissions do not violate any intellectual property rights, privacy rights, right of publicity, or any other rights of other persons or entities.
You represent and warrant that: (i) you own the Submissions you provide through the Platform, or otherwise have the right to grant the license set forth in this Section; (ii) the Submissions are accurate; (iii) use of your Submissions does not violate these Terms; and (iv) the posting or transmitting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person or entity as a result of your Submissions and that you will indemnify GetSet for all claims resulting from your Submissions.
You agree to abide by any Community Guidelines instituted by GetSet, as may be updated from time to time.
GetSet will not be required to treat as confidential any Submissions containing suggestions or ideas for the Platform or GetSet’s business, products, or marketing ("Suggestions"), and will not incur any liability as a result of any similarities that may appear in future GetSet operations. Without limitation, GetSet will have exclusive ownership of all present and future existing rights to the Suggestions of every kind and nature everywhere. GetSet will be entitled to use the Suggestions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Suggestions.
GetSet recognizes that you have an interest in how we collect, retain and use information about you. For more information about how we collect, retain, and use information about you, please review our Privacy Statement. Click here for GetSet's Privacy Statement. California residents, please review the California Privacy Statement for information about certain legal rights. Click here for GetSet's California Privacy Statement. We also encourage you to read our Privacy FAQ to learn about privacy settings and who can see the information you share on GetSet. Click here for GetSet's Privacy FAQ.
Operation of the Platform by GetSet
GetSet will use reasonable commercial efforts to keep the Platform available for access at all times, subject to scheduled downtime for maintenance purposes, unscheduled downtime, and system outages. We cannot guarantee, however, that access will be available at all times or without interruption. Further, GetSet does not warrant that the Platform will be error free, that errors will be corrected, or that the Platform will be free from viruses or other harmful components.
You are solely responsible for obtaining internet service to access the Platform and any fees (such as data usage charges) relating to such access. Similarly, you are solely responsible for all equipment necessary to access the Platform.
The Platform allows users to submit and exchange information. GetSet does not screen its users, inquire into their backgrounds, or attempt to verify any information they provide. GetSet is not responsible for the comments, opinions, or statements of users or other third parties as may be displayed on or transmitted via the Platform, including without limitation any Submissions. Any information submitted on the Platform by users or other third parties is the view and responsibility of the party that posted it, and does not necessarily represent the views of GetSet.
Modification of the Platform and denial of access by GetSet
GetSet may modify the Platform at any time, without notice to you, and for any or no reason. GetSet shall in no way be held liable for any consequence resulting from a modification to the Platform. Similarly, GetSet may prohibit you from using or accessing the Platform for any or no reason, at any time, in its sole discretion, without notice to you. Without limiting the generality of the foregoing, GetSet may prohibit you from using the Platform if it determines that you are violating these Terms. In addition, GetSet may adopt policies and procedures regarding inactive accounts (including what will constitute "inactive accounts") and may suspend or discontinue access by such inactive accounts.
Unless otherwise indicated, all content on the Platform, including GetSet's designs, articles and text, graphics, logos, button icons, images, data compilations, software, video or audio clips, and the overall "look and feel" of the Platform; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to and copyrighted by GetSet or its licensors, and are protected by applicable intellectual property laws. The collection, arrangement, and assembly of the content on the Platform are the exclusive property of GetSet and are likewise protected by applicable intellectual property laws.
GetSet™, GetSet Insight™, Influence from GetSet™, GetSet Influence™, GetSet Analytics™, GetSet Now™, GetSet for Success™, PeerWisdom™, GuidedReflection™, and Automated Peer Behavior Models™ are trademarks or service marks of GetSet Learning, LLC. You may not use, copy, modify, or display any of these marks without the prior written consent of GetSet, except to properly identify GetSet or its services or products. You may not use any GetSet logo or other proprietary graphic or trademark without the permission of GetSet.
Links to third party websites
The Platform may display links to other websites. GetSet is not responsible for the contents of such links, any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by GetSet of the linked site. IN NO EVENT WILL GETSET BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO THE USE OF OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED ON ANY SUCH SITE.
Links to the Platform
You may create a link to the GetSet home page only so long as the link, and/or any accompanying text, does not, in GetSet’s sole discretion, portray GetSet or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply any affiliation or association between your site and GetSet (or the Platform). Linking to other content within our Platform is prohibited without GetSet's express prior written consent. Please direct any linking requests to us at email@example.com.
GetSet does not permit children under 13 years of age to use the Platform without their parent or guardian's express consent and approval. By using our Platform, you represent you are not under 13 years of age.
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PLATFORM (INCLUDING, BUT NOT LIMITED TO, SOFTWARE, OTHER TEXT, GRAPHICS, VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED BY GETSET "AS IS." GETSET MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALTHOUGH GETSET HAS NO REASON TO BELIEVE ANY INFORMATION ACCESSIBLE ON OR VIA THE PLATFORM IS INACCURATE AS OF THE TIME OF ITS PUBLICATION, GETSET CANNOT, AND DOES NOT, VERIFY ALL INFORMATION THAT MAY APPEAR ON THE PLATFORM, OR REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT, AND GETSET IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM USING SUCH INFORMATION.
Limitation of liability
GETSET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF GETSET HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM, THE SYSTEM OR ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR VIA THE PLATFORM.
Notice and procedure for making claims of intellectual property infringement
GetSet respects intellectual property rights. If you believe that any content on the Platform may infringe your copyrights or other intellectual property rights, please provide GetSet the written information specified below. Please note that this procedure is exclusively for notifying GetSet that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Platform;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- And a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.
GetSet’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Platform can be reached as follows:
Intellectual Property Agent GetSet Learning, LLC 332 S Michigan Avenue Suite 121 Chicago, IL 60604 Email: firstname.lastname@example.org
These Terms constitute the entire agreement between you and GetSet and govern your use of the Platform, superseding any prior agreements between you and GetSet. This Platform is owned and controlled by GetSet Learning, LLC in the State of Illinois, U.S.A. As such, the substantive laws of the State of Illinois will govern these Terms, without giving effect to any principles of conflicts of laws. If you use the Platform from other locations you are responsible for compliance with applicable local laws. You agree that any action arising out of the Terms shall be brought in state or federal court in Chicago, Illinois, and you consent to the jurisdiction of such courts. The failure of GetSet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.