THESE TERMS OF SERVICE (THESE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND GET ASSIST. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITES LOCATED AT: WWW.GETASSIST.COM AND https://app.staging.getassist.com, AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.GETASSIST.COM BY GET ASSIST, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "WEBSITES"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES (THE "SERVICES"), AND ANY SOFTWARE THAT GET ASSIST PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SERVICES FROM A MOBILE DEVICE (A "MOBILE APPLICATION"). BY USING THE SITE OR ANY COMPONENT THEREOF, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE.
GET ASSIST may make changes to the content and Services offered on the Site at any time. GET ASSIST can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by emailing you at the address associated with your account (if any). By using this Site or any component thereof after GET ASSIST has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop all use of the Site.
By using this Site, you represent, acknowledge and agree that you are (a) at least the age of majority and legally capable of entering into contracts in you jurisdiction of residence, or (b) you are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian, that you have received your parent’s or legal guardian’s permission to use the Site, and that you agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless GET ASSIST if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to GET ASSIST or the Site.
GET ASSIST provides content on and through the Site that is copyrighted and/or trademarked work of GET ASSIST or GET ASSIST’s third-party licensors and suppliers, or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, GET ASSIST hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
GET ASSIST makes available Mobile Applications to access the Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. GET ASSIST does not warrant that the Mobile Application will be compatible with your mobile device. GET ASSIST hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that GET ASSIST may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and GET ASSIST and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that GET ASSIST provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and GET ASSIST only, and not with Apple, Inc. (“Apple”).
Your use of GET ASSIST’s iOS App must comply with Apple’s then-current App Store Terms of Service.
GET ASSIST, and not Apple, is solely responsible for the iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
You agree that GET ASSIST, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that GET ASSIST, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that GET ASSIST provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and GET ASSIST only, and not with Google, Inc. (“Google”).
Your use of GET ASSIST’s Android App must comply with Google’s then-current Google Play Terms of Service.
Google is only a provider of the online market where you obtained the Android App. GET ASSIST, and not Google, is solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Android App.
The following additional terms and conditions apply with respect to any Mobile Application that GET ASSIST provides to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
You acknowledge that these Terms are between you and GET ASSIST only, and not with Amazon.com, Inc. (“Amazon”).
Information that GET ASSIST collects from you or your device are subject to these Terms and the Privacy Policy, and will not be subject to the Amazon.com Privacy Notice.
Amazon has no obligation or liability to you with respect to the Amazon Android App and the Services and Content available thereon or these Terms. GET ASSIST, and not Amazon, is solely responsible for the Amazon Android App and the services and content available thereon. For the avoidance of doubt, the Amazon Android App does not include any software that you may need to install on your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”). The Appstore Software is licensed to you by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.
The Services include and make use of certain functionality and services provided by third-parties that allow GET ASSIST to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
If you desire to register for an account with GET ASSIST, you must submit the following information through the account registration page on the Site: username, email address, zip/postal code. Business Users will also be required to submit credit card information. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to GET ASSIST in providing you with more a more customized experience when using the Site or its Services. Once you have submitted your account registration information, a GET ASSIST administrator shall have the right to approve or reject the requested registration, in GET ASSIST’s sole discretion. If your account is approved by GET ASSIST, you will be sent an e-mail with a confirmation link, which you must click to activate your account.
GET ASSIST may also provide you with the ability to register for an account using your existing account and log-in credentials Third-Party Sites (as defined below) such as FaceBook, which may change from time to time (each such account, a “Third-Party Site Password”).
You are responsible for maintaining the confidentiality of your GET ASSIST Password and any Third-Party Site Password (collectively, "Passwords), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify GET ASSIST if any of your Passwords is lost, stolen, if you are aware of any unauthorized use of your Passwords, or if you know of any other breach of security in relation to the Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
By registering for an account with GET ASSIST, you become a “Member” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Membership”). GET ASSIST offers different tiers of Membership that provide different levels of functionality. Each Membership and the rights and privileges provided to a Member is personal and non-transferable. All sales and payments of Membership fees will be in US Dollars. All Membership fees are non-refundable under any circumstances.
The fee that we will charge you for your Membership will be the price indicated on the Site for that tier of Membership on the date that you register as a Member. GET ASSIST reserves the right to change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. You may move to a higher tier of Membership at any time by paying the additional fees associated with such Membership tier, but you may not revert to a lower Membership tier once you have upgraded.
You may pay for your Membership fee only with credit card (Visa, MasterCard, American Express, Discover) or PayPal payments. We will charge your credit card or PayPal account for your first Membership fee on the date that we process your order for your Membership. Once your credit card or PayPal account is charged the first Membership fee, you will receive a confirmation e-mail notifying you of your ability to access the functionality and Materials available for your Membership tier.
IMPORTANT NOTICE: GET ASSIST WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH YEARLY ANNIVERSARY OF THAT DATE THAT GET ASSIST FIRST CHARGES YOUR CREDIT CARD OR PAYPAL ACCOUNT FOR THE FIRST MEMBERSHIP FEE AND, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, GET ASSIST WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE YEARLY MEMBERSHIP FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR MEMBERSHIP FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). EACH MEMBERSHIP RENEWAL PERIOD IS FOR ONE YEAR. You MAY CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING GET ASSIST AT HELP@GETASSIST.COM PROVIDED THAT ANY MEMBERSHIP FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT YEARLY MEMBERSHIP TERM. GET ASSIST REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR MEMBERSHIP CANCELLATION REQUEST. IF YOU CANCEL YOUR MEMBERSHIP, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT YEARLY MEMBERSHIP TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT YEARLY MEMBERSHIP TERM.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Membership based on the mailing address that you provide when you register as a Member, and you authorize GET ASSIST to charge your credit or debit card for any such applicable taxes.
You may from time to time purchase sales leads or merchandise on the Site. If applicable, you agree to pay all fees or charges to your account based on GET ASSIST’s fees, charges, and billing terms then in effect. If you do not pay on time or if GET ASSIST cannot charge your credit card, PayPal or other payment method for any reason, GET ASSIST reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that GET ASSIST is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that GET ASSIST may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from GET ASSIST. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with GET ASSIST. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Please review GET ASSIST Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to GET ASSIST.
The use of Geo-Location Services is subject to the terms of the then current Google privacy policy (http://www.google.com/privacy.html).
This Site may be linked to other web sites and resources that are not GET ASSIST sites, including, without limitation, social networking, blogging and similar websites such as Facebook, through which you are able to log into using your existing account and log-in credentials for such third-party sites (available third party websites may change from time to time) and websites that provide question-and-answer forum functionality (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites and allow you to configure your privacy settings in your Third-Party Site account to permit your activities on the Site to be shared with your contacts in your Third-Party Site account. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions, user guides and/or business practices than GET ASSIST, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the applicable Third-Party Site privacy policy, terms and conditions, and/or user guides. You hereby agree to comply with any and all such terms and conditions, users guides, and privacy policies of any of Third-Party Sites. GET ASSIST provides links to the Third-Party Sites to you as a convenience, and GET ASSIST does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT GET ASSIST WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply GET ASSIST's endorsement or recommendation.
The Site functions as a venue to connect members in a virtual information place. As a neutral facilitator, GET ASSIST is not directly involved in the actual transactions between members of the Site. As a result, GET ASSIST has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site. GET ASSIST shall have no responsibility to confirm the identity of members. GET ASSIST shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. You shall at all times exercise common sense and good judgment when dealing with any user of the Site. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT GET ASSIST DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES GET ASSIST MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE.
Your correspondence or business dealings with any third party providers of goods or services made available on or through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party provider and solely at your own risk. You hereby release GET ASSIST (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Site. If you are a California resident, you waive California Civil Code §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 settlement with the debtor." If you are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, you hereby waive any applicable statutes of that jurisdiction.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
Unless otherwise explicitly stated herein or in GET ASSIST Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to GET ASSIST 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 each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You hereby waive all moral rights you may have in your Submissions. GET ASSIST agrees to use any personally identifiable information contained in any of your Submissions in accordance with GET ASSIST’s Privacy Policy.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require GET ASSIST to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the Services, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions or comments posted by others on this Site.
Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. GET ASSIST reserves the right to (a) terminate access to your account, your ability to post to this Site (or use any or all of the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that GET ASSIST determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. GET ASSIST may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GET ASSIST’s discretion, GET ASSIST will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold GET ASSIST and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) GET ASSIST or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
GET ASSIST is a trademark of GET ASSIST, in the United States, Canada and elsewhere. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of GET ASSIST. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
For U.S. users, the Mobile Application software that is provided to you through the Site and Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
GET ASSIST respects the intellectual property rights of others, and we ask you to do the same. GET ASSIST may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide GET ASSIST’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit GET ASSIST to locate the material.
Information reasonably sufficient to permit GET ASSIST to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GET ASSIST’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Bruce Fikowski Get Assist Suite 177 #315, 5155-130th AVE SE Calgary, AB T2Z 2Y3 Canada.
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Counter-Notification
We will notify you if we have received notice from a third party that your content is infringing, and if we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to GET ASSIST designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which GET ASSIST may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
GET ASSIST reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated infringement notifications.
Your use of this Site and all components thereof is at your own risk. The Materials have not been verified or authenticated in whole or in part by GET ASSIST, and they may include inaccuracies or typographical or other errors. GET ASSIST does not warrant the accuracy of timeliness of the Materials contained on this Site. GET ASSIST has no liability for any errors or omissions in the Materials, whether provided by GET ASSIST, our licensors or suppliers or other users.
GET ASSIST, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. GET ASSIST DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
GET ASSIST SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL GET ASSIST BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, HOWEVER ARISING, EVEN IF GET ASSIST KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
GET ASSIST controls and operates this Site from its headquarters in Calgary, Alberta, Canada and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the Canada, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to GET ASSIST, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site, a Mobile Application or any Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, waive all moral rights in, and GET ASSIST is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that GET ASSIST is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
GET ASSIST prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by GET ASSIST, may result in immediate termination of your access to this Site without prior notice to you. The laws of the Province of Alberta and applicable Canadian federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in the Calgary, Alberta, Canada. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. GET ASSIST’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and GET ASSIST and supersede all prior or contemporaneous negotiations, discussions or agreements between you and GET ASSIST about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact GET ASSIST for any reason, you can reach us at Legal Department, Get Assist, Suite 177, #315, 5155-130th AVE SE, Calgary, AB T2Z 2Y3 Canada.
