TERMS AND CONDITIONS
These Terms and Conditions are effective for all GetSet users except those at the following schools:
- DeVry University
- Penn Foster College
- Strayer University
- University of Phoenix
- Western Governors University
Welcome to GetSet. GetSet Learning, LLC ("GetSet") provides this website, its mobile applications, and other digital products (together, the "Site") to its visitors and customers on the following terms and conditions. Please read these Terms and Conditions of Use ("Terms") carefully before using this Site, registering for its services or purchasing any of its products. By using this Site in any capacity, you agree to these Terms; if you do not agree to these Terms, you may not use this Site.
GetSet reserves the right to, at any time, modify, revise or update our Site or these Terms, and you agree to be bound by such modifications, revisions or updates. You should periodically re-check these Terms to apprise yourself of any such modifications, revisions and updates. Your continuing use of this Site constitutes your acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective.
Use of Site
You may use this Site to obtain information on GetSet and its services and products, and as a means of ordering and/or receiving such services and products. Except as may be expressly permitted herein, you may not reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using "framing" technology, download or copy any information on this Site; use data mining, robots, or similar data gathering and extraction tools with respect to this Site; or otherwise distribute or commercially exploit in any way the Site or any portion of the content of the Site; in each case without the prior written consent of GetSet. Further, you may not use any meta tags or any other "hidden text" utilizing GetSet's name or trademarks without the prior written consent of GetSet.
Without limiting the generality of the foregoing, your rights to use the GetSet products and/or services are personal and non-transferable. In other words, you may not sell, assign, convey or otherwise transfer any of your rights to use any GetSet product or service to any third party in any manner whatsoever. Your attempt to do so shall automatically terminate all of your rights to use this Site.
Any unauthorized use of this Site terminates the permission granted by GetSet for your use of this Site. Violations include, but are not limited to:
- Profane, defamatory, offensive or violent language.
- "Trolling", or posting deliberately disruptive statements meant to hijack comment threads or throw discussions off-track.
- Attacks on specific groups or any comments meant to harass, threaten or abuse an individual.
- Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation, or political beliefs.
- Links or content containing sexually explicit content.
- Discussion of illegal activity.
- Spam, link baiting, or files containing viruses that could damage the operation of other people’s computers or mobile devices.
- Acknowledgement of intent to stalk an individual or collect private information without disclosure.
- Commercial solicitations or promotion of a competitor.
- Violations of copyright or intellectual property rights.
- Disclosure of information protected under the United States Family Educational Rights and Privacy Act (FERPA) of 1974.
- Content that relates to confidential or proprietary business information.
- Content determined to be inappropriate, in poor taste, or otherwise contrary to the purposes of the forum.
- Promoting competing products, services, or brands.
- Promotion of a personal brand.
If you enroll in any of GetSet's programs you will have an account and a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to GetSet to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. GetSet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscriptions in its sole discretion.
Operation of the Website
GetSet will use reasonable commercial efforts to keep this Site available for access on a 24 hour a day, seven day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, GetSet does not warrant that the operation of this Site will be error-free, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components.
You are solely responsible for obtaining telecommunications access to the Site and any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary to access this Site.
This Site allows for its users to submit and exchange postings, writings and other content and information. (Also see heading captioned "Submissions" below.) GetSet does not screen its users, inquire into their backgrounds or attempt to verify any statements that they may make. You should never exchange personal information with any other user or arrange to meet any other user through the Site.
GetSet does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of users or other third parties as may be displayed on or transmitted via the Site. Any information or material placed on the Site by users or other third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of GetSet.
Unless otherwise indicated, all content on this Site, including GetSet's designs, articles and text, graphics, logos, button icons, images, data compilations, software, video or audio clips, and the overall "look and feel" of the Site; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to and copyrighted by GetSet or its licensors, and are protected by applicable intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of GetSet and are likewise protected by applicable intellectual property laws.
GetSet™, GetSet Insight™, Influence from GetSet™, GetSet Influence™, GetSet Analytics™, GetSet Now™, GetSet for Success™, PeerWisdom™, GuidedReflection™, and Automated Peer Behavior Models™ are trademarks or service marks of GetSet Learning, LLC. You may not use, copy, modify or display any of these marks, without the prior written consent of GetSet, except to properly identify the services or products of GetSet. You may not use any GetSet logo or other proprietary graphic or trademark without the permission of GetSet.
Links to Third Party Sites
We may display on this Site links to other web sites to provide you with useful information. GetSet is not responsible for the contents of such links, any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by GetSet of the linked site. IN NO EVENT WILL GETSET BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO THE USE OF OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED ON ANY SUCH SITE.
Hyperlinks to this Site
You may create a hyperlink to the home page of this Site only so long as the link (and/or any accompanying text on your site) does not, in GetSet’s sole discretion, portray GetSet or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply any affiliation or association between your site and GetSet (or this Site). Linking to other content within our Site is prohibited without GetSet's express prior written consent. Please direct any linking requests to us at firstname.lastname@example.org.
In compliance with the Children's Online Privacy Protection Act, GetSet does not permit children under 13 years of age to become users without their parent or guardian's express consent and approval. By using our Site, you represent you are not under 13 years of age.
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS SITE (INCLUDING, BUT NOT LIMITED TO, SOFTWARE, OTHER TEXT, GRAPHICS, VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED BY GETSET "AS IS." GETSET MAKES NO, AND HEREBY DISCLAIMS, ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE, INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALTHOUGH GETSET HAS NO REASON TO BELIEVE ANY INFORMATION ACCESSIBLE ON OR VIA THE SITE IS INACCURATE AS OF THE TIME OF ITS PUBLICATION, GETSET CANNOT, AND DOES NOT, VERIFY ALL INFORMATION THAT MAY APPEAR ON THE SITE OR REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND GETSET IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM USING SUCH INFORMATION.
Limitation of Liability
GETSET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF GETSET HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, THE SYSTEM OR ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR VIA THIS SITE.
GetSet recognizes that you have an interest in how we collect, retain and use information about you. For more information about how we collect and use information about you, please review our Privacy Statement. Click here for GetSet's privacy statement. We also encourage you to read our Privacy FAQ to learn about privacy settings and who can see the information you share on GetSet. Click here for GetSet's Privacy FAQ.
All postings, writings remarks, suggestions, ideas, graphics, or other information provided by you through this Site (together, the "Submissions") will forever be the property of GetSet. Notwithstanding the foregoing, GetSet may contractually agree with the educational institution that referred you to GetSet that such institution will own your Submissions.
You acknowledge that you are responsible for whatever Submissions you submit, and you, not GetSet, have full responsibility for such Submissions, including their legality, reliability, appropriateness, originality, and copyright, as well as their adherence to these Terms and that the Submissions do not violate any privacy rights, right of publicity or any other rights of other persons or entities.
You represent and warrant that: (i) you own the Submissions posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section, (ii) the Submissions are accurate; (iii) use of the Submissions you post or submit does not violate this user Agreement and (iv) the posting or transmitting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Submissions posted or transmitted by you on or through the Site; and that you will indemnify GetSet for all claims resulting from Submissions you post or transmit.
You agree to abide by any Acceptable Use Policy instituted by GetSet from time to time.
With regards to any Submissions which are suggestions or ideas for GetSet, GetSet will not be required to treat such Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future GetSet operations. Without limitation, GetSet will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. GetSet will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submissions.
Modification of the Site/Suspension or Denial of Access by GetSet
At any time, without notice to you, and for any or no reason, GetSet may modify the Site. GetSet shall in no way be held liable for any consequence which results from GetSet’s decision to modify the Site. Similarly, GetSet may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you. Without limiting the generality of the foregoing, GetSet may prohibit you from using or accessing the Site if it determines that you are violating these Terms. In addition, GetSet may adopt policies and procedures regarding inactive accounts (including what will constitute "inactive accounts") and may suspend or discontinue access by such inactive accounts.
Notice and Procedure for Making Claims of Intellectual Property Infringement
GetSet respects the intellectual property rights of others. If you believe that any content on the Site may infringe your copyrights or other intellectual property rights, please provide GetSet the written information specified below. Please note that this procedure is exclusively for notifying GetSet that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.
GetSet’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:
Intellectual Property Agent GetSet Learning, LLC 410 N Michigan Avenue Suite 1200 West Chicago, IL 60611 email: email@example.com
The Terms constitute the entire agreement between you and GetSet and govern your use of the Site, superseding any prior agreements between you and GetSet. This Site is owned and controlled by GetSet Learning, LLC in the State of Illinois, U.S.A. As such, the substantive laws of the State of Illinois will govern these Terms, without giving effect to any principles of conflicts of laws. If you use this Site from other locations you are responsible for compliance with applicable local laws. You agree that any action arising out of the Terms shall be brought in state or federal court in Chicago, Illinois, and you consent to the jurisdiction of such courts. The failure of GetSet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.