Last Updated: 03/02/20
This Terms of Service Agreement (“Terms”) is entered into by and between Trades Group LLC and you, and is made effective as of the date of your use of the Platform or the date of your electronic acceptance.
Acceptance Of These Terms
The Terms govern your access to, use of, and participation in the Platform made available by Trades Group LLC and/or its subsidiaries, parent companies, or other similarly related entities (collectively, "GetDone," "we," "our," or "us") or through GetDone and the entirety of your relationship with GetDone.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform or communicates with us in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
GetDone may, in its sole and absolute discretion, update or revise the Terms at any time. If we make significant changes, we will notify you of such changes through the Platform or by other means like email. If you object to any changes, you may close your account. To the extent permitted by law, by your continued use of the Platform or any service of GetDone or its affiliates after the effective date of the changes, you consent to any updates or changes made to the Terms.
"Collective Content" means User Content and GetDone Content together.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Customer Member" means a Member who is registered to receive quotes for Services, requests quotes for Services, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Services.
"Member" means a person who completes GetDone's account registration process or a person who submits or receives a request through GetDone, including but not limited to Service Members and Customer Members.
"Platform" means all GetDone websites, mobile or other applications, software, processes, and any other products or services provided by or through GetDone.
"Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Platform.
"Service Member" means a Member who is registered to send quotes for Services, sends quotes for Services, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Services.
"GetDone Content" means all Content GetDone makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding GetDone Content and Feedback.
Eligibility, Service Member Representations, Warranties, And Use Of The Platform
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible and that you are not already restricted by GetDone from using the Platform for any reason.
By registering or using the Platform, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Services and in relation to the specific job they are performing.
GetDone is not in the business of providing or receiving Services. Service Members understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Platform to access persons interested in receiving Services and related tools, including but not limited to the ability to message Customer Members or schedule appointments, that facilitate the provision of Services. Service Members understand and agree that using the Platform does not guarantee that any GetDone users will engage them for Services. Customer Members understand and agree that GetDone does not provide Services itself, it only provides Customer Members the ability to find and communicate with independent Service Members, themselves customers of GetDone.
Service Members understand and agree that they are customers of GetDone, and are not GetDone employees, contractors, joint venturers, partners, or agents. Service Members acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. GetDone does not control, and has no right to control, the services a Service Member provides (including how the Service Member provides such services) if the Service Member is engaged by a Customer Member, except as specifically noted herein.
GetDone, as permitted by applicable laws, obtains personal information regarding Service Members, which may include background checks, credit reports, history of criminal convictions, and/or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Member’s account based on the results of such a check. As a Service Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from GetDone’s vendors.
Account Registration And Other Submissions
To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may be able to register for an Account using third-party accounts like your existing Gmail or Facebook account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your GetDone password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify GetDone immediately of any unauthorized use. GetDone is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of GetDone or others due to such unauthorized use.
Your License To Use The Platform
Subject to your compliance with these Terms, GetDone grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to use the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GetDone or its licensors, unless expressly granted in these Terms.
By making available any User Content on or through the Platform, you hereby grant to GetDone a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to GetDone shall survive termination of the Platform or your Account. GetDone does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to GetDone the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or GetDone's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and that you will indemnify and defend GetDone in any situation where it is alleged that your User Content violates these provisions. You agree that GetDone may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
You may be held legally responsible for damages suffered by other users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. GetDone is not legally responsible for any feedback or comments posted or made available on the Platform by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect users from abuse, GetDone reserves the right (but is under no obligation) to remove posted feedback or information that, in GetDones’ sole judgment, violates these Terms or negatively affects our Platform or services.
GetDone reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, you may not:
GetDone Fees, Payment Terms, And Taxes
GetDone may charge you certain fees and expenses for your access to or use of the Platform, including, without limitation, for use of certain functionality provided within or as part of the Platform ("Fees"). In addition to any other payment and billing terms then in effect, the amount of any Fees will be provided to you before you purchase, use or are otherwise granted access to or use of the Platform, and you agree to pay all such Fees when due plus all related transactional costs, payment processing fees and expenses, and taxes as applicable, regardless of whether you have an active Account. All Fees are payable in U.S. dollars only. Unless denoted otherwise, charges for the Fees shall be made to the payment method you designate at the time you setup an Account, when you make a purchase or register for the Platform, or when you use certain functionality provided within the Platform or any other of our products or services, and in any of the foregoing cases, may include credit card and ACH processing fees, chargeback amounts, third party pass-through transactional expenses, and other amounts related to misconduct or fraudulent activity associated with your Account or payment method. You also agree that GetDone or its third-party service providers providing payment services may store your payment method and associated information. We may charge your payment method for subsequent charges you authorize, such as recurring subscription fees, account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not update the applicable information, you authorize us to invoice your directly or continue billing that payment method, and you remain responsible for any unpaid amounts. If you do not pay any Fees when due or if GetDone cannot charge the payment method you provided us for any reason, you agree to reimburse us, and we reserve all rights permissible under law to recover, all costs and expenses incurred, including reasonable attorneys' fees and other collections costs, in our pursuit of payment of the Fees. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by GetDone or by anyone on its behalf, including but not limited to a third-party collection agent. Failure to pay Fees when due may result in the termination of your Account or access to or use of the Platform.
All cancellation and refund requests will be subject to GetDone’s review and absolute discretion. Further, you acknowledge that (a) the use of certain features within the Platform may be subject to Fees imposed by GetDone’s payment processing partner(s) and other partners and (b) GetDone has no ability to refund such Fees. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by emailing your request to GetDone support at support@GetDone.com. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that GetDone may charge such unpaid Fees to the payment method you provided us or we may otherwise invoice you for and take any necessary steps to collect such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members. All sales on GetDone are final and non-refundable, except as otherwise specified herein.
You acknowledge and agree that a substantial portion of the compensation GetDone receives for making the Platform available to you is received only when a Customer Member and a Service Member connect through the Platform to perform a Service. Therefore, for 24 months from the time you identify or are identified by any party through the Platform (the “Non-Circumvention Period”), you must use the Platform as your exclusive method to request work, and agree to any payment for work directly or indirectly with that party or arising out of your relationship with that party (the “GetDone Relationship”). The Non-Circumvention Period will not apply if you identified or were identified by said party prior to your use or access of the Platform. You may opt-out of this obligation with respect to each Customer Member-Service Member relationship only if Customer Member or Service Member pays GetDone for each such relationship:
(a) an “Opt-Out Fee” computed to be the greater of the following amounts:
(i) $2,500; or (ii) 15% of the cost to the Customer Member of the services to be performed in the GetDone Relationship during the Non-Circumvention Period, as estimated in good faith by the prospective Customer Member; or
(iii) all Fees that would be earned by GetDone from the GetDone Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Service Member from Customer Member during the most recent normalized 8-week period, or during such shorter period as data is available to GetDone; and
(b) interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date Customer Member first makes payment to the subject Service Member until the date the Opt-Out Fee is paid.
To pay the Opt-Out Fee, you must request instructions by sending an email message to support@GetDone.com.
Except if you pay the Opt-Out Fee, you agree not to circumvent the Platform. By way of illustration and not in limitation of the foregoing, you must not:
You agree to notify GetDone immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to GetDone by sending an email message to: support@GetDone.com.
GetDone Points, Coins, Tokens, or something similar, may be awarded to users by GetDone at its sole and absolute discretion. You acknowledge and agree that these Coins shall have no cash value, and are not a security or indenture of any kind.
Payments To Service Members
By agreeing to these Terms or continuing to operate as a Member on GetDone, you agree to provide GetDone accurate and complete information about you and your business (as applicable), and you authorize GetDone to share this information and transaction information with anyone GetDone designates to collect Fees or other payments on its behalf.
Service Members shall be solely responsible for collecting payment from Customer Members for work performed, and if you are a Service Member, you agree that we will not be liable to you for any amount unpaid by a Customer Member and that our only obligation in regards to the same is set out in the dispute section below.
Disputes Between Or Among Users
GetDone values our Service Members and Customer Members, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Service Member or a Customer Member cannot be resolved independently, you agree, at GetDone's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by GetDone or a neutral third-party mediator or arbitrator selected by GetDone. Notwithstanding the foregoing, you acknowledge and agree that GetDone is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT GETDONE IS UNDER NO OBLIGATION TO BECOME INVOLVED IN ANY DISPUTE BETWEEN MEMBERS, FACILITATE, REQUIRE OR REQUEST ANY PARTICULAR DISPUTE RESOLUTION MECHANISM, OR OTHERWISE IMPOSE ANY RESOLUTION TO A DISPUTE BETWEEN OR AMONG MEMBERS OR ANY THIRD PARTY. EXCEPT AS REQUIRED BY APPLICABLE LAW AND VALID LEGAL PROCESSES TO WHICH GETDONE IS SUBJECT, GETDONE IS UNDER NO OBLIGATION TO PROVIDE ANY INFORMATION OR DATA REGARDING ANOTHER MEMBER, ANY PARTICULAR TRANSACTION BETWEEN MEMBERS, OR ANY DISPUTE OR POTENTIAL DISPUTE BETWEEN MEMBERS.
Intellectual Property Rights
GetDone Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, GetDone and its licensors exclusively own all right, title, and interest in and to the Platform and GetDone Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of GetDone used herein are trademarks or registered trademarks of GetDone. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
By sending us any feedback, comments, questions, or suggestions concerning GetDone or our services, including the Platform, or any feedback, comments, or ratings of other Members or third parties (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against GetDone and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
GetDone does not endorse any Member, user or any Services, and GetDone is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, contractor relationship, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither GetDone nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although GetDone may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific GetDone services they are using or any involvement by GetDone personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by GetDone and is not verification of their identity or whether they or their Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. GetDone is not responsible for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by GetDone. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from GetDone with respect to such actions or omissions.
Sanctions For Violations Of These Terms
Without limiting any other rights reserved herein, GetDone may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and GetDone, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, decreasing your score or rating or status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
Account Suspension Or Termination
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your GetDone Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from GetDone support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform by contacting support@GetDone.com. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. Creating a new or different account in an attempt to circumvent a suspension or termination is strictly prohibited. The suspension or termination of your personal account may be justification for GetDone to suspend or terminate any business accounts related to you.
Arbitration And Class Action Waiver
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and GetDone agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between you and GetDone, including but not limited to claims arising out of or relating to any aspect of the relationship between you and GetDone, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and s court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with GetDone as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach GetDone's support department at support@GetDone.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the GetDone support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Only if required by law (to enforce this arbitration provision or otherwise), to the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, GetDone will pay the additional cost. Only if required by law (to enforce this arbitration provision or otherwise), if the arbitrator finds the arbitration to be non-frivolous, GetDone will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. Each party is responsible for its own attorneys' fees unless the arbitration rules, these Terms, and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Texas, United States of America, and you and GetDone agree to submit to the personal jurisdiction of any federal or state court in Dallas County, Texas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and GetDone agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may seek injunctive relief for any claim and/or bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
The Terms and the relationship between you and GetDone shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against GetDone that is not subject to arbitration must be resolved by a court located in Dallas, Texas, or a United States District Court, Northern District of Texas, located in Dallas, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas or the United States District Court, Northern District of Texas located in Dallas, Texas, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. GETDONE MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GETDONE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. GETDONE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GETDONE OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT GETDONE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICES. GETDONE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. GETDONE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
Limitation Of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GETDONE OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER GETDONE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GETDONE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF GETDONE AND ITS PARENTS AND AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO GETDONE BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
Indemnification And Release
You agree to release, defend, indemnify, and hold GetDone and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold GetDone and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Force Majeure: Other than payment obligations, neither GetDone nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that GetDone may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, GetDone or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from GetDone or Service Members, as explained in more detail in the E-Sign Consent section below, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent as explained below.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GetDone's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@GetDone.com.
Electronic Fund Transfer Disclosure Statement
A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
Please contact us by emailing us at support@GetDone.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
Ten-Day Time Period: GetDone will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. GetDone shall report the results to the consumer in writing within three business days after completing its investigation. GetDone shall correct the error within one business day after determining that an error occurred.
If GetDone is unable to complete its investigation within 10 business days, GetDone may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided GetDone does the following: (1) Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. GetDone need not provisionally credit the consumer's account if:
GetDone does not receive written confirmation within 10 business days of an oral notice of error; or The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220) (2)Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation; (3) Corrects the error, if any, within one business day after determining that an error occurred; and (4) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final). (3) Extension of time periods. The time periods described above may be extended as follows: Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
Phone Calls, Emails, SMS Texts
By creating a GetDone account and agreeing to these Terms, you give your consent to receive text messages and phone calls from GetDone. You agree and consent that GetDone or its agents may use any automated or non-automated technology to send you informational and/or promotional text messages or phone calls.
Costs Of Signing Up For GetDone Text Messages
GetDone does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
Frequency Of Text Messages
We may send you an initial message confirming that we have received your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services.
The number of text messages you receive may depend upon factors including how you use our services and whether you take steps to generate additional text messages from us (such as by sending a HELP request).
Content is not available on all carriers and carrier participation could change. The content is not compatible with all cell phone models. GetDone will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
You consent for us to send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any services you have requested or received from us, including transactional emails as required by law. You further consent to us sending you any notifications that we are required to send by law in electronic format.
Opting Out Of GetDone Text Messages
If you no longer want to receive GetDone text messages, you may terminate your Account at any time. If you have revoked consent and want to re-enroll in our text message program, you can re-enroll through our website.
At GetDone, we've put series of policies in place to help our Members and users appropriately use our site and platform. Learn more about a few key policies below:
Content And Review Policy
Genuine, thoughtful reviews and ratings provide the trust our community relies on. To that end, we prohibit:
In order to maintain trust on our site, we generally do not edit, change, or delete reviews that comply with our Content Policy.
User Content (Such As Profile Descriptions, Service Member Quotes, Customer Requests)
GetDone makes no representations as to the accuracy or recency of any User Content or information on the Platform, and you agree and acknowledge that GetDone shall at no time be held responsible for such Content or information.
It is GetDone’s policy, in appropriate circumstances at our sole discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly believed to be infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998 , GetDone will respond promptly to claims of copyright infringement that are reported to our Designated Copyright Agent in the form shown below.
DMCA Notice Of Alleged Infringement ("Notice")
Deliver this Notice, with all items completed, to dmca@GetDone.com.
At GetDone, our goal is to enable anyone to find the right worker to accomplish any job, anywhere, at any time. GetDone therefore prohibits discrimination against Service Members or Customer Members based on age, disability, gender identity, marital status, medical condition, national origin, pregnancy, race, religion, sex, sexual orientation, or other improper basis. Prohibited discrimination includes refusing to provide or accept Services offered through the platform because of any of these characteristics, offering different pricing based on any of these characteristics, or any other conduct that improperly takes into account any of these characteristics. Along with our Content and Review Policy, this prohibition also applies to the posting of content, such as reviews or profiles, on GetDone.
Any Service Member or customer who believes they have been discriminated against in violation of this policy should contact us. A Service Member or customer found to have violated this prohibition may lose access to GetDone.
Fraud And Damage Policy
Responsible Disclosure Policy
GetDone aims to keep its service safe for everyone, and data security is of the utmost priority. If you are a security researcher or expert, and have discovered a security vulnerability in our site, we appreciate your help in disclosing it to us in a responsible manner. Publicly disclosing a vulnerability can put the entire community at risk, so we urge you to keep matters private until a fix can be rolled out from our side.
We appreciate your good faith effort to protect our user's privacy and data. We are committed to addressing security issues responsibly and in a timely manner.
If you'd like to report an issue that pertains to your individual GetDone account and is not an online security issue that may affect many GetDone users, please contact us. Our team will gladly assist you.
Notification To Customer
If we are required by law to disclose user information, we may use commercially reasonable efforts to notify the user unless (a) we believe in our sole discretion that providing notice could create a risk of injury or death, or that harm or fraud could be directed to GetDone or users; or (b) we are precluded from providing notice by law. This user notice may be sent via email to the email address listed on the account. A third-party seeking non-disclosure of legal process should obtain an appropriate court order establishing that notice is prohibited before serving legal process on GetDone.
Guidelines For Law Enforcement Information Requests
The information provided in this section is intended for use by U.S. law enforcement when seeking information from GetDone. We may change these guidelines at any time. Private parties, including civil litigants and criminal defendants, should consult our guidelines for third party information requests.
GetDone requires appropriate legal process to be issued in connection with an official law enforcement investigation where the disclosure of any information maintained by our platform is requested. We generally require a search warrant to obtain the contents of communications between or among Customer Members and Service Members. For other information, we require the appropriate form of legal process to be issued in accordance with any applicable state or federal laws, rules, and regulations.
Business And Account Records
Preservation Of Records
Upon receipt of a formal written request by email to lawenforcement@GetDone.com , we will work to preserve records connected with an official governmental investigation for a minimum of 90 days. Law enforcement may extend a preservation request for additional days. We may not maintain preserved materials beyond the initial 90 days unless we receive an extension request or legal process.
Subpoena Format And Required Information
We review each subpoena and other piece of legal process for facial and substantive validity and will reject requests that are not facially and substantively valid. We will also reject any requests that are overly broad or vague.
In order to make sure your subpoena or other legal process is valid, we ask for the following:
Notification To User
If we are required by law to disclose user information, we may use commercially reasonable efforts to notify the user unless (a) we believe in our sole discretion that providing notice could create a risk of injury or death, or that harm or fraud could be directed to GetDone or users; or (b) we are precluded from providing notice by law. This user notice may be sent via email to the email address listed on the account. Law enforcement officials seeking non-disclosure of legal process should obtain an appropriate court order establishing that notice is prohibited before serving legal process on GetDone.
Emergency And Exigent Information Requests
To make an emergency request please email a request to lawenforcement@GetDone.com . This request must be sent from a government issued email address. All requests will be reviewed on a case by case basis. In the request please include the following information:
After submission of emergency request please contact our customer support to confirm receipt of document. Any emergency requests received from non-government agencies will not be responded to. Those requests should be directly and immediately reported to local law enforcement.
If law enforcement personnel have any questions about these guidelines they can direct those to lawenforcement@GetDone.com . Be advised that we will not respond to non-law enforcement requests sent to this address.