Terms of Use
These are the Terms of Use ("Terms") under which all job seekers, employers or other users ("You") may use the GETEM Sites and the Services (each as defined below). These Terms include the GETEM Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and GETEM TECH LLC or the GETEM affiliated company operating the Web site for the country in which You live or in which business is headquartered (“GETEM”), and are deemed accepted by You each time that You use or access any GETEM Site or GETEM Services. If You do not accept the Terms stated here, do not use the GETEM Sites and the GETEM Services.
The GETEM Sites are defined as any Web sites under GETEM’s control, whether partial or otherwise (including, without limitation, GETEM.com, and the Web site from which these terms of use were accessed from) and include the GETEM Services. The GETEM Services are defined as the applications and services offered by GETEM, including an on-line service to post and search employment opportunities and any mobile application or other interface that allows You to access such application (collectively, “GETEM Services”). The GETEM Sites also allow users (“Users”) to create individual profiles, which may include personal information (“Profiles”), and to make these Profiles, or aspects thereof, public. In addition, GETEM may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.
GETEM may revise these Terms at any time by posting an updated version to this URL. You should visit this URL periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the GETEM Sites suspended or terminated, at GETEM’s discretion.
You must be 13 years of age or older to visit or use any GETEM Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any GETEM Site under the supervision of a parent, legal guardian, or other responsible adult.
You may not use the GETEM Content (as defined below) or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.
1. Use of GETEM Content.
GETEM authorizes You, subject to these Terms, to access and use the GETEM Sites and the GETEM Content and to download and print a single copy of the content available on or from the GETEM Sites solely for Your personal, non-commercial use. The contents of the GETEM Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other GETEM content (collectively, "GETEM Content"), are protected under copyright, trademark and other laws. All GETEM Content is the property of GETEM or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the GETEM Sites is the exclusive property of GETEM and is protected by copyright, trademark, and other laws. Unauthorized use of the GETEM Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original GETEM Content on any authorized copy You make of the GETEM Content.
Any code that GETEM creates to generate or display any GETEM Content or the pages making up any GETEM Site is also protected by GETEM's copyright and You may not copy or adapt such code.
You agree not to sell or modify the GETEM Content or reproduce, display, publicly perform, distribute, or otherwise use the GETEM Content in any way for any public or commercial purpose, in connection with products or services that are not those of the GETEM Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GETEM or its licensors, that dilutes the strength of GETEM's or its licensor’s property, or that otherwise infringes GETEM's or its licensor’s intellectual property rights. You further agree to in no other way misuse GETEM Content. The use of the GETEM Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that GETEM creates to generate or display any GETEM Content or the pages making up any Application or Service is also protected by GETEM's copyright and you may not copy or adapt such code.
2. Use of the GETEM Services.
GETEM provides websites and apps that allow users to access and apply to a variety of job postings on third party job websites that are not owned or managed by GETEM. GETEM may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
The job ad, resume database, including but not limited (a) to the GETEM diversity and veteran databases if applicable, and (b) any information obtained from the resume database (“Resume Database”) and other features of the GETEM Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, GETEM Networking and Profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the GETEM Services is also subject to any Master Services Agreement (“MSA”) or other contracts You may have with GETEM. In the case of any conflict between these Terms and any MSA or contract you have with GETEM, the terms of your MSA or contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a GETEM Site.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your GETEM Site registrations and passwords, whether or not authorized by You. You agree to immediately notify GETEM of any unauthorized use of Your account, Profile, or passwords.
All GETEM Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation GETEM Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of GETEM’s privacy policy;
(b) take any action that imposes an unreasonable or disproportionately large load on any GETEM Site's infrastructure;
(c) use any device to navigate or search any GETEM Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by GETEM;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any GETEM Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any GETEM Site;
(h) aggregate, copy or duplicate in any manner any of the GETEM Content or information available from any GETEM Site, including expired job ads, other than as permitted by these Terms;
(i) frame or link to any GETEM Content or information available from any GETEM Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any GETEM Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any GETEM Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any GETEM Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the GETEM Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job ad that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by GETEM’s discretion.
Violations of system or network security may result in civil and/or criminal liability. GETEM will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on GETEM Sites. GETEM is not to be considered to be an employer with respect to Your use of any GETEM Site and GETEM shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any GETEM Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from GETEM, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from GETEM's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through GETEM’s web servers.
In order to protect our GETEM Users from commercial advertising or solicitation, GETEM reserves the right to restrict the number of e-mails which an employer may send to Users to a number which GETEM deems appropriate in its sole discretion. You shall use the GETEM Networking and Profiles in accordance with all applicable privacy and data protection laws.
Job ads
A Job ad may not contain:
(a) any hyperlinks, other than those specifically authorized by GETEM;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in GETEM’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by GETEM;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description;
(f) more than one location, or more than one job category, unless the product so allows;
(g) inaccurate, false, or misleading information; and
(h) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your GETEM job ad or Profiles to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job ad where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(e) promote or advertise career fairs, job fairs, hiring events, conferences, seminars or open houses or any other event or meeting;
(f) post jobs or other advertisements for competitors of GETEM or post jobs or other content that contains links to any site competitive with GETEM;
(g) sell, promote or advertise products or services;
(h) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(i) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(j) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(k) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(l) post jobs on any GETEM Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(m) advertise sexual services or seek employees for jobs of a sexual nature;
(n) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(o) endorse a political party, political agenda, political position or issue;
(p) promote a religion;
(q) post jobs located in countries subject to economic sanctions of the United States Government; and
(r) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health (including pregnancy status), (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age.
GETEM reserves the right to remove any job ad or content from any GETEM Site, which in the reasonable exercise of GETEM’s discretion, does not comply with the above Terms, or if any content is posted that GETEM believes is not in the best interest of GETEM.
If at any time during Your use of the GETEM Services, You made a misrepresentation of fact to GETEM or otherwise misled GETEM in regards to the nature of Your business activities, GETEM will have grounds to terminate Your use of the GETEM Services.
Resume Database
Use of the Resume Database by Employers
You shall use the Resume Database as provided in these Terms and in any contract You have with GETEM. You shall use the Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You may not use the Resume Database in any way which, in GETEM’s sole discretion, adversely affects GETEM’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The Resume Database and information obtained from the Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to send emails or text messages or make phone calls to resume holders that, in GETEM’s sole discretion, are excessive in frequency or related to job ads that are irrelevant to the work history or location of, or unlikely to be of interest to, the resume holder contacted;
(c) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(d) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by these Terms; or
(e) take any other action that is, in GETEM’s sole discretion, inconsistent with these Terms of Use, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.
In order to ensure a safe and effective experience for all of our customers, GETEM reserves the right to limit the amount of data (including resume views) that may be accessed by You or the number of contacts, emails or messages You may make or send within any GETEM system in any given time period. These limits may be amended in GETEM’s sole discretion from time to time.
4. Additional terms applicable to Job Seekers.
When You register with any GETEM Site, You may be asked to login with Facebook, Google or another service or create an account and provide GETEM with certain information including, without limitation, name, zip code, career and education level and a valid email address ("Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, or other means of contacting You, other than Your name.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the GETEM Sites.
GETEM reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by GETEM or by third parties. Please see GETEM's Privacy Policy, for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your GETEM account or Your GETEM account is terminated, all Your account information from GETEM, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from GETEM's databases and will be removed from any public area of the GETEM Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through GETEM’s web servers. In addition, third parties may retain saved copies of Your Information.
GETEM reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a GETEM Site ("User Content") is the sole responsibility of the person from which such User Content originated. GETEM claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through GETEM and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through GETEM, you grant GETEM a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through GETEM. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant GETEM a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting GETEM and its services. GETEM will discontinue this licensed use within a commercially reasonable period after such User Content is removed from GETEM. GETEM reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any GETEM Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any GETEM Site retains any and all rights that may exist in such User Content. GETEM may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any GETEM Site. GETEM reserves the right to expel Users and prevent their further access to the GETEM Sites and/or use of GETEM Services for violating the Terms or applicable laws, rules or regulations. GETEM may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for GETEM, damage GETEM’s brand or public image, or cause GETEM to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
GETEM does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does GETEM endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of any group or individual;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to GETEM Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our GETEM Community Users from commercial advertising or solicitation, GETEM reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which GETEM deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the GETEM Sites. GETEM does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the GETEM Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of GETEM. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. GETEM shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any GETEM Site and is accessible on such GETEM Site in a way that constitutes copyright or trademark infringement, please contact GETEM by email at help@getemjobs.com
Need help with a job seeker issue? email us at help@getemjobs.com
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
GETEM respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the GETEM Sites, You agree not to use any GETEM Site to infringe the intellectual property rights of others in any way. GETEM reserves the right to terminate the accounts of any Users, and block access to the GETEM Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. GETEM reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact GETEM as set forth in Section 6 above.
8. GETEM's Liability.
The GETEM Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. GETEM does not screen or censor the listings, including Profiles offered. GETEM is not involved in, and does not control, the actual transaction between employers and candidates. As a result, GETEM is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and GETEM makes no representations about any jobs, resumes or User Content on the GETEM Sites. While GETEM reserves the right in its sole discretion to remove User Content, job ads, resumes or other material from the GETEM Sites from time to time, GETEM does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
GETEM Networking provides a venue for individuals to network for professional and personal purposes and GETEM does not screen or censor the Profiles or User Content on the GETEM Sites. GETEM is not involved in the actual communications between Users. As a result, GETEM has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the GETEM Sites and makes no representations about any Profile or User Content on the GETEM Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the GETEM Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the GETEM Sites.
Because User authentication on the Internet is difficult, GETEM cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any GETEM Site, in the event that You have a dispute with one or more Users, You release GETEM (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The GETEM Sites and the GETEM Content may contain inaccuracies or typographical errors. GETEM makes no representations about the accuracy, reliability, completeness, or timeliness of any GETEM Site or the GETEM Content. The use of all GETEM Sites and the GETEM Content is at Your own risk. Changes are periodically made to GETEM Sites and may be made at any time. GETEM cannot guarantee and does not promise any specific results from use of any GETEM Site. No advice or information, whether oral or written, obtained by a User from GETEM or through or from any GETEM Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: "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."
GETEM encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall GETEM be liable for the deletion, loss, or unauthorized modification of any User Content.
GETEM does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any GETEM Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, GETEM may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. GETEM has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, GETEM DOES NOT WARRANT THAT ANY GETEM SITE OR ANY GETEM SERVICES WILL OPERATE ERROR-FREE OR THAT ANY GETEM SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY GETEM SITE OR THE GETEM CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, GETEM IS NOT RESPONSIBLE FOR THOSE COSTS. THE GETEM SITES AND GETEM CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GETEM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. GETEM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GETEM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL GETEM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY GETEM SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY GETEM SITE AND THE GETEM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GETEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, GETEM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY GETEM SITE OR YOUR USE OF THE GETEM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The GETEM Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by GETEM of the contents on such third-party Web sites. GETEM is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any GETEM Site.
14. Indemnity.
You agree to defend, indemnify, and hold harmless GETEM, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any GETEM Site, (ii) Your use of any GETEM Content, or (iii) Your breach of these Terms. GETEM shall provide notice to You promptly of any such claim, suit, or proceeding.
15. General.
GETEM makes no claims or representations that the GETEM Content may be lawfully viewed or accessed outside of the United States. Access to the GETEM Content may not be legal by certain persons or in certain countries. If You access any GETEM Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any GETEM Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, GETEM’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect GETEM’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the GETEM Sites, a particular "Legal Notice," or software license or material on particular pages on the GETEM Sites, these Terms constitute the entire agreement between You and GETEM with respect to the use of the GETEM Sites. No changes to these Terms shall be made except by a revised posting on this page.
16. Additional Terms.
Certain areas of the GETEM Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas. By using any areas of this website or the other GETEM Sites that contain Google Maps, you agree to be bound by the Google Maps Terms of Use available at http://maps.google.com/help/terms_maps.html and the legal notices available at http://www.maps.google.com/help/legalnotices_maps.html as they may be updated from time to time.
©GfK GeoMarketing Geographic Information provided by GfK GeoMarketing GfK. GeoMarketing provides the geographic and mapping information of postal codes of Western Europe and Canada to create the location finder of the nearest job and for the visualization of maps. The maps and geographic information is copyright protected and can be used only within the internet application and the functionalities provided by GETEM. Any other use or publication of the geographic information and maps is not allowed.
©Maponics, LLC 2008 Geographic Information provided by Maponics, LLC. Maponics provides the geographic and mapping information of postal codes of the United States. This information is copyright protected and can be used only within the internet application and the functionalities provided by GETEM. Any other use or publication of the geographic information and maps is not allowed.
17. Mobile Services.
If You use the GETEM Sites through a mobile device, You agree that information about Your use of the GETEM Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the GETEM Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the GETEM Sites using a mobile device, You represent that to the extent You import any of Your GETEM data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your GETEM account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the GETEM Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the GETEM Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the GETEM Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
When You opt-in to an available text messaging service, we will send You a message to confirm Your signup. Message and data rates may apply. You will receive up to 7 messages per week. Text "HELP" for help. Text "STOP" to cancel.
You can cancel this service at any time. Just text "STOP". After You send the message "STOP" to us, we will send You a reply message to confirm that You have been unsubscribed. After this, You will no longer receive messages from us. If You want to join again, just sign up as You did the first time and we will start sending messages to You again.
If at any time You forget what keywords are supported, just text "HELP". After You send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Participating carriers (subject to change): AT&T, Verizon Wireless, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
As always, message and data rates may apply for any messages sent to You from us and to us from You. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider. T-Mobile is not liable for delayed or undelivered messages.
18. License to Apps
Subject to the terms of these Terms and Conditions, GETEM grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. GETEM and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and GETEM, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and GETEM acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and GETEM acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, GETEM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and GETEM acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
19. In-App Purchases
If you purchase an auto-renewing periodic subscription through the Service, your GETEM account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your GETEM account and follow instructions to terminate or change your subscription, even if you have deleted your account.
You agree to pay all fees and applicable taxes incurred by you or anyone using a GETEM account registered to you. GETEM may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
19. Payment Processors
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will GETEM be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
20. Refund Policy
In the event that either you or GETEM suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
21. Governing Law and Arbitration; No Class Action
These Terms and Conditions, its subject matter and GETEM’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the State of Delaware, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for GETEM’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
To the fullest extent permitted by applicable law, YOU AND GETEM EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND GETEM EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and GETEM agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in the State of Delaware, and you and GETEM each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that GETEM shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
22. Term and Termination.
These Terms will remain in full force and effect while You are a User of any GETEM Site. GETEM reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the GETEM Sites and immediate termination of Your registration with or ability to access the GETEM Sites and/or any other services provided to You by GETEM, upon any breach by You of these Terms or if GETEM is unable to verify or authenticate any information You submit to a GETEM Site registration. Even after You are no longer a User of the GETEM Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 21, inclusive.
Update effective July 2022.