Terms of Use
UPDATED: December 22, 2020
By using this website, GettaVet.com or its corresponding mobile application (collectively, “Site”) or any services provided through this Site, you (“You” and “Your”) agree to these terms of use (“Agreement” or “TOU”). This Agreement between You and Gettavet, (“GV,” “Us,” “Our,” “We,” and “Company”) is comprised of this TOU and Our Privacy Policy and supersedes all previous written and oral agreements, representations, and warranties. If You don’t agree with the terms of Our TOU or Privacy Policy, please refrain from using the Site and Our service.
- General
GettaVet is a veteran owned and operated online marketplace dedicated to serving those who served. We operate this Site to provide a platform where active duty members of the military, veterans or military retirees with an honorable discharge, and/or their spouses (collectively, “Veterans”) can create an account and offer part-time “gig” or freelance services. These services may include, but are not limited to, house cleaning, home maintenance, computer maintenance or repair, graphic design, massage therapy, dog walking, cooking, and tutoring services. Users who want to hire a Veteran (“Consumers”), may create an account to hire, schedule, and pay the Veteran through Our Site. A Veteran may also be a Consumer using the same account. Additionally, Consumers and Veterans are allowed to rate and review each other on this Site.
Please note, We merely provide a web-based platform for Veterans to advertise and Consumers to hire Veterans for their services. GV does not offer any of these “gig” services. Veterans are not employees or independent contractors of GV.
- User Conduct
You must abide by the following rules of conduct in regards to this Site:
- You must be at least 18 years old to offer services or make a purchase through Our Site.
- You must provide accurate information when communicating with Us.
- You must provide accurate information on Your GettaVet account.
- Any reviews or testimonials You post on Our Site must be true, accurate, and based on Your personal experience.
- If the service You offer requires a license, permit, or the like, where you live, such as a contractor, massage therapist, or cosmetologist, You must list Your license number or other appropriate credential on Your profile.
- Veterans must have the proper insurance and/or hold the appropriate bond in accordance with the requires of Your state and/or industry.
- You may not use Our Site to abuse, harass, defame, or defraud anyone.
- You may not use Our Site to do anything unlawful, misleading, fraudulent, malicious, or discriminatory.
- You may not upload viruses or other malicious code through this Site. You may not do anything that is designed to disable, overburden, or interfere with the normal working of Our Site.
- You may not use Our Site to violate anyone’s intellectual property rights.
- You may not rent, lease, sell, sublicense, or redistribute Our content unless You have written permission from Us.
- You may not use, test, or otherwise utilize Our Site or anything on it in any manner for purposes of developing or implementing any method or application that is intended to interfere with the function of Our Site.
- You may not reverse engineer, decompile, disassemble, derive source code, create a derivative work of, or otherwise repurpose Our content, including any software; attempt to do so, or assist anyone in doing so except permitted by applicable law notwithstanding this limitation.
We reserve the right to terminate Your account and/or access to this Site if You violate Our TOU or Privacy Policy.
- Payment
We use a third-party payment processor for all payments made through Our Site. Payments are subject to their terms of service and privacy policy. We never have access to Your credit card information.
When a Consumer accepts a quote for a job from a Veteran, the Consumer must pay 30% of the quoted price (materials plus labor/time) prior to the job start date and time. Upon completion of the job, the balance shall be due. The Veteran may include additional terms in the quote that the Consumer must agree to when hiring the Veteran, however, the amount of payment due and processing through this Site cannot be changed.
If the Consumer cancels an appointment or service within 24 hours of the job start time, We shall return the Consumer’s funds except for a cancellation fee of 10% of the total accepted quote or $35.00, whichever is less. If the Veteran fails to start the job as agreed, the Consumer may receive a full refund upon request.
GettaVet makes its money by collecting a percentage of the amount paid through this Site, not to exceed 12% of the quoted price for a job or gig.
A quote for a job may or may not include any taxes, duties, or fees that are imposed by any jurisdiction (“Taxes”). The Veteran is required to specify whether their quote for a Consumer includes any requisite Taxes. If any jurisdiction requires Us to collect any Taxes from You in connection with Your use of this Site, You shall be responsible for paying such Taxes. You hereby agree that, if necessary, We can determine Your jurisdiction for the purpose of Taxes, and You agree to pay such Taxes. You attest that You shall be solely responsible for all Taxes incurred through Your use of Our Site.
- Links
We may provide links to other websites on Our Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link that We did not create. User assumes all risk by following a link. We provide no guarantee that any website we link to will be accurate or available.
- Copyrights and Trademarks
GettaVet retains its intellectual property rights, including but not limited to, copyright rights in all its content published on and through Our Site.
“GettaVet” and its logo are trademarks owned by Us and may not be used without Our explicit written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject You to civil and/or criminal penalties and termination of their license(s).
By posting any content on Our Site, You grant Us a non-exclusive, worldwide, perpetual, paid- in-full, royalty-free license to use it for any purpose, including to market GettaVet including the use of Your name and image without requiring any additional permission from or compensation to You.
- Digital Millennium Copyright Act (DMCA) Policy
We will comply with any properly submitted DMCA takedown and counter takedown notices We receive under the U.S. Copyright Act (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and used on or via Our website or services in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: GettaVet; Attn: DMCA/Copyright Agent; P.O. Box 10760, Glendale, AZ 85318 or [email protected].
- Indemnification
By using Our Site or services, You agree to defend, indemnify, and hold harmless GV, Our affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by You in connection with Our Site.
To the extent permitted under applicable laws, You hereby release GV from any and all claims or liability related to any product or service provided through this Site.
- Modification to these Terms of Use
We reserve the right to change this TOU at any time as We deem necessary or desirable. These changes will most likely be enacted to comply in changes to Our service and/or changes in the law. We will notify You of changes by posting notice of the change on Our Site. Any changes to this TOU will be effective upon the changes being made to this document. Your continued use of Our Site shall be Your acceptance of any changes to this Agreement. All additional terms are hereby incorporated into this TOU by this reference.
The date at the top of the TOU informs You of the date of the most recent change.
- Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER GV, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS WEBSITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED THROUGH THIS SITE AND/OR OUR SERVICES. YOU AND GV AGREE THAT OUR MAXIMUM FINANCIAL OBLIGATION TO YOU IS THE AMOUNT EARNED BY US PAID BY YOU DURING THE 12 MONTHS FOR SERVICES PRIOR TO THE DISPUTE OR ALLEGED INJURY.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE ALLEGEDLY CAUSED BY YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH OUR SERVICE. YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, COMPLETENESS, AND USEFULNESS OF OUR AND VETERANS’ CONTENT BASED ON YOUR SPECIFIC NEEDS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, TO EVALUATE AND PROVIDE INDIVIDUALIZED INFORMATION AND INSTRUCTION.
- Contact Information
GettaVet Inc. is a Delaware founded company with a principal place of business in Glendale, AZ. You can contact Us at P.O. Box 10760, Glendale, AZ 85318 or via email at [email protected].
- Dispute Resolution
By using this Site, You agree that any claim, dispute, or controversy You may have against Us arising out of, relating to, or connected in any way with this Agreement, Our Site, or Our service, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site and Our service. You agree that You shall only pursue a claim on behalf of Yourself only and shall not seek to file a class action lawsuit. You and GV irrevocably consent to this jurisdiction and venue.
In all claims, disputes, and controversies related to this Agreement, Our Site, or Our service, the non-prevailing Party shall be responsible for the prevailing Party’s attorneys’ fees and costs in addition to any damages assessed against them.
In all instances, we encourage users to resolve project issues or disputes between themselves rather than use GettaVet’s Dispute Service. This service provided only as a last resort should parties be unable to reach an agreement. In the event that the dispute is not resolved, the dispute will be referred to the Arbitration Resolution Services (ARS), Inc. (arbresolutions.com). The non-prevailing party will be responsible to pay applicable fees for the ARS service.
We shall not be a party to or responsible for any agreement made between a Veteran, a Consumer, and/or any third party, and shall be held harmless from any damages or alleged damages resulting from such agreement, relationship, or interaction.
- Termination
We reserve the right to suspend or terminate any user’s license at any time and for any suspected violation of this TOU and/or Our Privacy Policy. Termination may occur without advance notification. We shall not be liable for any damages for terminating You.
All provisions of this Agreement which by their nature should survive termination shall survive the termination of Your access to the Site and Our service, including, without limitation, the provisions regarding ownership, dispute resolution, warranty disclaimers, indemnity, and limitations of liability.
- Miscellaneous
Entire Agreement: This TOU and Privacy Policy shall constitute the entire agreement between the You and Us with respect to the subject matter in this TOU and Privacy Policy.
Assignment: GV can assign this Agreement to the new owner if the Company is ever sold in part or in whole.
Waiver: No waiver by either Party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
Force Majeure: We shall not be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond Our reasonable control and We are unable to overcome it through commercially reasonable diligence. If a force majeure event occurs, We will use commercially reasonable efforts to minimize the impact of the event.
Headings: The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.
Severability: If any provision of this Agreement or Privacy Policy is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this TOU and Privacy Policy shall continue in full force and effect. If a provision is found to be invalid, GV and You hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either Party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.
