2GET TERMS AND CONDITIONS OF USE
THESE TERMS AND CONDITIONS (“Agreement”) are made and entered into by and, between You (“Client”, “You” or “Your”) and 2GET, LLC a Florida limited liability company ("2get", the “Company”, “We”, “Us”, or “Our”), establishing terms and conditions under which You will browse products, create and view wish lists, and engage in other related services (“Service”) through Our social and interactive website (www.2get.co) and mobile application (the “Application”, “Website”, or “2get Platform”).
I. USING THE 2GET PLATFORM.
- Who can use it. In order to use the 2get Platform, You need to (i) be 18 or older, or be 13 or older and have Your parent or guardian’s consent to this Agreement, (ii) have the power to enter a binding contract with Us and not be barred from doing so under any applicable laws, and (iii) be a resident in the United States. You also promise that any registration information that You submit to 2get is true, accurate, and complete, and You agree to keep it that way at all times.
User Guidelines. When using the 2get Platform, You agree not to use the information, Services or any other part of the 2get Platform to take any actions that:
- Are contrary to 2get’s public image, goodwill or reputation;
- Promote any illegal activity or content;
- Infringe on Our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
- Express or imply that any of Your statements, activities or causes are endorsed by Us, without Our prior written consent;
- Violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- Are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- Transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- Restrict or inhibit any other visitor from using the 2get Platform, including without limitation, by means of “hacking” or defacing any portion of the 2get Platform;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the 2get Platform;
- Remove any copyright trademark or other proprietary rights notices contained in the 2get Platform;
- Sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Agreement to any third party, or otherwise commercially exploit or profit from the information or content of the 2get Platform, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
- “Frame” or “mirror” any part of the 2get Platform without prior written authorization;
- Distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the 2get Platform or in anyway reproduce or circumvent the navigational structure or presentation of the 2get Platform or its contents, authentications and security measures;
- Harvest or collect information about any 2get Platform visitors or members without their express consent; and
- Contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.
- Termination. You may close Your account at any time by going to account settings and deleting Your account. We may permanently or temporarily suspend Your use of the Website or the Service at any time for any reason, without any notice or liability to You. We may terminate Your account at any time for any or no reason, including if You violate any 2get policy. Suspension or deactivation of Your account may result in loss of lists and/or any other information on the Website and Application. You acknowledge and agree that 2get will not be held liable for such loss. Upon termination of Your use of the Service, certain provisions will survive termination.
- Emails. You expressly agree and acknowledge that You will receive e-mail updates in connection with Your 2get account and 2get’s Services. If You wish to discontinue such e-mails, You must unsubscribe on the 2get Platform.
- Feedback. If You provide 2get with any comments, bug reports, feedback, or modifications proposed or suggested by You to the Application (“Feedback”), 2get shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Application. You hereby grant 2get a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use Your Feedback for any purpose.
II. YOUR CONTENT.
- Definition of Your Content. All material or information that You display on the 2get Platform, or that is displayed via Facebook, will be referred to collectively as “Your Content”. You acknowledge and agree that, as part of using the 2get Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
- License and Permission to Use Your Content. You hereby grant to Us and our affiliates, licensees and sublicensees, without compensation to You or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, You waive and release and covenant not to assert any moral rights that You may have in Your Content.
- Your Responsibilities for Your Content. By posting Your Content on the 2get Platform, You represent and warrant to Us that You have the ownership rights, or You have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant Us the rights to the use of Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your content does not violate any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
- Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason. We reserve the right to edit, refuse to post or remove Your Content submitted by You for any reason without notice. We do not guarantee that we will publish all of Your Content.
III. OUR CONTENT AND MATERIALS.
- Definition of Our Content and Materials. All intellectual property in or related to the 2get Platform (specifically including, but not limited to our software, designs, the 2get trademarks, service marks, trade names, logos, domain names, and any other features of the 2get brand), is the property of 2GET, LLC, its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
- No Endorsement or Verification. Please note that the 2get Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which We have no control. We assume no responsibility for, nor do We endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the 2get Platform does not amount to endorsement or verification by Us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the 2get Platform by anyone.
- Restrictions. Except as expressly provided in these terms, You agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without Our express written permission. 2get’s permission to You for Your use of the 2get Platform expressly excludes commercial use by You of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in Your use of the 2get Platform.
- Ownership. You acknowledge and agree that the 2get Platform and Our Content and Materials will remain the property of 2get. The content, information and services made available on the 2get Platform is protected by U.S. and international copyright, trademark, and other laws, and You acknowledge that these rights are valid and enforceable. You acknowledge that You do not acquire any ownership rights by using the 2get Platform.
IV. OTHER OFFERINGS ON THE 2GET PLATFORM.
- Embed Tool. If you are a user of the embed tool, which enables you to link to content on the 2get Platform, you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.
- Third-Party Products. You may be provided the opportunity on the 2get Platform to purchase products that are offered by third parties (collectively “Third Party Products”). The availability of any Third Party Products on the 2get Platform does not imply Our endorsement of the Third Party Products. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.
V. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
- THE WEBSITE AND APPLICATION AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR THIRD PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 2GET, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
- WITHOUT LIMITING THE FOREGOING, 2GET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS TO (I) THE CONTENT POSTED BY ANY THIRD-PARTY ON THE 2GET PLATFORM, (II) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (III) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE 2GET PLATFORM, AND (IV) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE 2GET PLATFORM OR (I) THAT THE 2GET PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2GET PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE 2GET PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2GET PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE 2GET PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE 2GET PLATFORM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, 2GET WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT 2GET SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF 2GET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE 2GET PLATFORM OR PRODUCTS SEEN ON THE WEBSITE OR APPLICATION. YOUR USE OF THE WEBSITE, APPLICATION, THIRD-PARTY PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
VI. INDEMNIFICATION; HOLD HARMLESS.
You agree to fully indemnify, defend, and hold 2get and its directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) Your breach of any part of this Agreement; (ii) any allegation that any materials You submit to Us or transmit to the 2get Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (iii) Your activities in connection with the 2get Platform or other websites to which the 2get Platform is linked; and/or (iv) Your negligent or willful misconduct.
VII. AMENDMENTS TO OUR TERMS & CONDITIONS.
We reserve the right to change this Agreement from time to time, and post the new version on the 2get Platform. The new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting You, or (ii) immediately upon the date of posting or such later date as We indicate in the relevant posting if the changes are not capable of adversely affecting You, examples of which would include, without limitation: (a) changing the name of the web address (www.2get.co) that You use to access Our Application or Website, or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if You do not wish to be governed by the new version of this Agreement, You must send us a Termination Notice and immediately cease to use the 2get Platform. We shall not have any liability to You in such an event.
VIII. DISPUTE RESOLUTION AND ARBITRATION.
- This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
- You agree that in the event of any dispute between You and 2get, You will first contact 2get and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
- After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to Your use of the 2get Platform and/or products, or relating in any way to 2get’s communications with You, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to You and 2get. However, this arbitration agreement does not (i) govern any Claim by 2get for infringement of its intellectual property or access to the 2get Platform that is unauthorized or exceeds authorization granted in this Agreement or (ii) bar You from making use of applicable small claims court procedures in appropriate cases.
- IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS WEBSITE OR APPLICATION BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
- Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and 2get are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of this Agreement.
- If You wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, You must send a letter requesting arbitration and describing Your claim to 2GET, LLC at 1835 NE Miami Gardens Drive, Suite 402, North Miami Beach, FL 33179. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if You are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If You are not an individual or have used the 2get Platform on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org.
- The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. The arbitration will be conducted in the English language. Florida law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
- If You do not want to arbitrate disputes with 2get and You are an individual, You may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date You access the Website or Application.
IX. CLASS ACTION WAIVER.
- Any Claim must be brought in the respective Party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a Party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a Party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
- If this class action waiver is found to be unenforceable, then the entirety of the arbitration section, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, You and 2get each waive any right to a jury trial.
- This Agreement is governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Any disputes in connection with this Agreement that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Miami-Dade County, Florida, and You specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
- This Agreement is the entire agreement between You and 2get relating to the subject matter herein and shall not be modified except by 2get in accordance with this Agreement, or as otherwise agreed in writing by You and 2get. No employee, agent or other representative of 2get has any authority to bind 2get with respect to any statement, representation, warranty or other expression not specifically set forth in this Agreement.
- If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of 2get to require performance of any provision will not affect the right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- You may not assign or transfer this Agreement or any of Your rights or obligations under this Agreement. 2get may assign this Agreement at any time without notice to You.
- 2get will not be liable for, or be considered to be in breach of this Agreement, any delay or failure to perform as required by this Agreement as a result of any cause or condition beyond 2get’s reasonable control.
- Please send any questions or comments, or report violations of this Agreement, to 2get at email@example.com or 2GET, LLC, 1835 NE MIAMI GARDENS DRIVE, SUITE 402, NORTH MIAMI BEACH, FL 33179.
Last Updated: April 26, 2017