Terms Of Use - GettaVet | Veterans First

Terms Of Use

Posted 18 May 2017 by in / 0 responses

TERMS OF USE

GettaVet is a veteran owned and operated online marketplace dedicated to serving those who served.  Millions of American men and women have answered the call to duty.  This Project, GettaVet, provides a means for active duty, retired, and honorably discharged veterans and their spouses to work on short term projects (freelancing or gigs) in the public sector.  Typical work includes home maintenance and computer technology gigs. 

GettaVet, LLC (“GettaVet”) helps active duty, veterans and military retirees with DD Form 214 indicating an honorable discharge and their spouses (hereinafter referred to as “Veterans”) find part-time projects or freelance “gigs” as well as helps consumers find qualified Veterans to hire for various projects such as but not limited to home improvement gigs, IT & computer-related gigs, etc…    

The following Terms of Use outline your obligations when using the GettaVet landing page, mobile application, and/or Service.

ACCEPTANCE OF TERMS

The GettaVet Landing Page and all related sites and mobile applications, and the various content, features, and services offered on and in connection with the site and /or application are owned and operated by GettaVet, LLC and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY!!! BY ACCESSING, SIGNING UP FOR THE SITE AND/OR SERVICE, DOWNLOADING, OR USING ANY PART OF THE SITE AND/OR SERVICE, YOU AGREE TO BECOME BOUND BY ALL OF THE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS, THEN YOU MAY NOT ACCESS AND USE THE SITE AND SERVICE. ANY PARTICIPATION OR USE OF THE SITE AND/OR SERVICE, WILL CONSTITUE ACCEPTANCE OF THE TERMS OF USE.

MODIFICATIONS OF TERMS OF USE

GettaVet may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on the homepage and in connection with the Site and Service, with or without additional notice to you. You are responsible to review the information posted on the Site and Service to obtain timely notice of such changes. If you do not agree to the amended terms and/or any modifications made, you agree to immediately stop using the Site and Service and to provide GettaVet notice to remove you from any distribution lists. YOUR CONTINUED USE OF THE SITE AND SERVICE AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

GettaVet reserves the right to and collects personal information from the Veteran to verify and identity veteran status.  Said data is also used to perform a criminal records search, sex offender search, search for civil judgements and any other search of the Veteran’s background deemed necessary to verify background and experience.  

GettaVet also reserves the right to collect the personal information of its Clients and/or Consumers.  Said Client or Consumer data is collected by GettaVet and is used to establish an account and payment information.

All Veteran and Client/Consumer data shall be protected and GettaVet will never release their information to a Third-Party without your consent.

USE OF THE SITE AND SERVICE

Subject to complete and full compliance of these Terms of Use, GettaVet grants authorized users a nonexclusive, nontransferable, terminable license to access and use the Site and Service for your personal use only. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site or Service or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of GettaVet. GettaVet may modify, update, suspend or discontinue the Site and/or Service, in whole or in part, at our sole discretion for ANY or NO reason, at any time and with or without notice. GettaVet shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.  

USER CONDUCT

As a user of GettaVet and as a condition of your access and use of the Site and Service, your submission or access to any communications, ratings, information, data, text, content, works, work product, or other materials on the Site and Service (collectively, the “Content”), you agree not to use the Site and Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by GettaVet. Specifically, and not limited to the following, you agree to:

  • NOT use the Site or Service unless you are active duty military personnel, a veteran or military retiree with a DD Form 214 indicating an honorable discharge or the spouse of said active duty military personnel or honorably discharged veteran or retiree;
  • NOT violate these Terms of Use or any other applicable agreement with GettaVet;
  • NOT violate or break any applicable local, state, federal or international law or any rules and regulations;
  • Be properly licensed in accordance with local, state, federal or international law;
  • Be properly insured and/or hold the appropriate bonds and/or insurance coverage in accordance with local, state, federal or international law;
  • Be properly licensed or hold proper certification as required by local, state, federal or international law;
  • NOT provide ANY false information, which may include personal information, background information, or relevant information regarding previous experience or information regarding a gig or project;
  • NOT misuse the Site and/or Service in any manner that violates ANY relevant law, regulation, or rule or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  • NOT misuse the Site and/or Service or its Content for any purposes not authorized by these Terms of Use;
  • NOT reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Site or Service for any reason unrelated to your personal freelancing or obtaining  gigs through the GettaVet Site and/or Service, without the express written consent of GettaVet, which consent may be withheld by GettaVet in our sole discretion;
  • NOT post false, misleading, irrelevant, or repeated Content that may impose an unreasonable or disproportionately large load on the infrastructure of the Site or Service, interfere or attempt to interfere with proper operation of the Site and/or Service or any activities conducted on the Site and Service;
  • NOT misuse the Site or Service to harass, intimidate, threaten, “Catfish” or  impersonate, or attempt to “Catfish” or impersonate another person, misrepresent your relationship with GettaVet or provide false reviews, ratings, or comments;
  • NOT post or perform any action that would undermine the review and rating process of the Site and/or Service;
  • NOT attempt to gain unauthorized access to the  any server associated with the Site and/or Service, any feature or content of the Site or Service, another user’s account, or other systems or networks connected to the Site and/or Service;
  • NOT attempt to hack any network, server, infrastructures, or sites in connection with the Site or Service, which also includes but is not limited to password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Site and Service user;
  • NOT use the Site or Service in any way that could interfere with the rights of GettaVet or any of its users of the Site and/or Service; 
  • NOT upload, transmit, transfer or submit any transmission or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, malware, ransomware or other computer programming (known or unknown at the time of acceptance to the Terms of Use) that is likely or intended to damage, disrupt, impair, disable or otherwise hinder the Site and/or Service; and
  • NOT to seek payment or unauthorized work, gigs, projects, or freelancing outside the GettaVet platform to avoid fees, third party fees, and/or subscription fees.  Any such activity shall result in immediate termination of the Veteran, Consumer, & Client.

GETTAVET’S SERVICES

While using or accessing content or features of the Site and/or Service, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use. 

PUBLICATION AND DISTRIBUTION OF CONTENT

GettaVet does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Site or Service. You acknowledge that GettaVet simply acts as a facilitator to assist Veterans in finding part-time freelancing gigs and to assist Clients/Consumers in finding qualified veterans for part-time projects such as home improvement or computer technology gigs. You understand that GettaVet does not control, and is not responsible for the Content.

You, as a Veteran, Consumer or Client, acknowledge and agree that GettaVet has no obligation to screen, monitor, review, investigate or approve any Content or Content posted or submitted by any other GettaVet member or any Consumer/Client or third party. However, GettaVet reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Site and/or Service, You agree that it is solely your responsibility to evaluate your risks associated with the use, accuracy, completeness or appropriateness of any Content that You submit, review, receive, access, transmit or otherwise convey through the Site and/or Service. Under no circumstances will GettaVet be liable, in any way, for any Content or third party Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed by or through the Site and/or Service. You waive the right to bring or assert any claim against GettaVet relating to Content or Service Provider Content, and release GettaVet from any and all liability for or relating to any Content.

CONSUMERS & THIRD PARTIES

GettaVet shall be held harmless and does not endorse, is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any Third Party or Consumer. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any Third Party or Consumer (which includes, but is not limited to, individual Consumers or Clients looking to hire Veterans, Third Parties or organizations looking to hire Veterans, any other person looking to hire a Veteran using the Site and/or Service, and any other Third Party Advertiser), GettaVet is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Consumer or Third Party and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Consumer or Third Party exclusively and do not involve GettaVet. You should take whatever measures you deem necessary before working with, hiring or engaging Third Parties or Consumers/Clients and you do so at your own risk.

You agree that GettaVet is not responsible for the accessibility or unavailability of any Consumer or Third Party and you release GettaVet from any and all liability for or relating to any interactions or dealings with any Third Party or Consumer.

TERMINATION OF ACCESS

GettaVet reserves the right to and may terminate your privilege or subscription to use or access the Site and/or Service at any time and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and Service and agree not access or make use of, or attempt to use, the Site and Service. Furthermore, you acknowledge that GettaVet reserves the right to take action (technical, legal or otherwise) to block, nullify or deny your ability to access the Site and Service. You understand that GettaVet may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to GettaVet.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Site and Service, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARK

GettaVet and any content, graphics, logos, features, designs, icons, scripts, and service names are the trademarks of GettaVet in the U.S. and/or other countries. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner. 

NOTICES

You agree that GettaVet may communicate any notices to You under these Terms of Use, through the Homepage www.GettaVet.com or electronic mail, regular mail or by posting the notices on the Site. 

To contact Gettavet, email [email protected], or use the following:

GettaVet, LLC

PO Box 10760

Glendale, AZ  85318 

Phone: (888) 973-5033

GOVERNING LAW

These Terms of Use and the relationship between You and GettaVet shall be governed by the laws of the State of Arizona, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred or is alleged to have occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in or near Maricopa County, Arizona and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to any claim brought in such court, except that GettaVet may elect, in its sole discretion, to litigate said action in the county or state where any breach by You occurred or where You reside. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.’

MISCELLANEOUS

If you breach any part of these Terms of Use or other agreement with GettaVet, GettaVet may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and/or injunctive relief. GettaVet’s remedies are cumulative and not exclusive. Failure of GettaVet to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with GettaVet’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Site and/or Service are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and GettaVet as a result of these Terms of Use or use of the Site and Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.

GettaVet shall NOT provide refunds for any reason.  Additionally, GettaVet is not responsible for any payment or lack thereof, or refund as it relates to the Veteran, Client, Consumer or other third party.

Veteran’s Terms & Conditions or Requirements to Others

GettaVet is not a party to or responsible for any Agreement made between the Veteran the Client or Consumer or any Third Party and shall be held harmless from any damages or alleged damages resulting from such Agreement, relationship, or interaction.  

Delays, Limitations, Accessibility

The Site and/or Service may be subject to limitations, delays, outages, failures, and problems common to the usage of the Internet and electronic communication.  GettaVet is not responsible for any such limitations, delays, outages, failures or related problems and strives to have the best Site and/or Service possible for its Veterans, Clients, and Consumers.

WARRANTIES AND DISCLAIMERS

You hereby acknowledge that GettaVet has no control over, and no duty to take any action regarding: which users gain access to or use the Site and Service; what effects the content on or in connection with the Site and Service may have on you; how you use the content on or in connection with the Site and Service; the success or lack thereof related to procurement of gigs, projects, or part-time work; or what actions you may take as a result of having been exposed to the content on or in connection with the Site and Service. You release GettaVet from all liability for you having acquired or not acquired content or information through the Site and Service. The Site and Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. GettaVet makes no representations concerning any content contained in or accessed through the Site and Service, and GettaVet will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Service. Furthermore, GettaVet makes no guarantee or warranty, express or implied, as to the validity, reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU BEAR THE RESPONSIBILITY OF ANY OUTCOME THAT ARISES FROM USING THE SITE AND/OR SERVICE AND USE THE SITE, SERVICE, AND SUBSCRIBE TO BOTH AT YOUR OWN RISK. WITH THAT BEING SAID, GETTAVET IS INVESTED IN HELPING OUR BROTHERS, SISTERS, COLLEAGUES, AND SPOUSES IN THEIR PURSUITS AND TAKE THIS ROLE VERY SERIOUSLY.

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