TERMS AND CONDITIONS

Welcome to the www.getset.com website (the “Site”). GetSet Learning, LLC (“GetSet”) provides this Site to its visitors and customers on the following terms and conditions. Please read these Terms and Conditions of Web Site 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 as a paying customer. 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 (including GetSet's course materials); 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:

Your Account

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 Web Site will be error-free, that defects will be corrected, or that this Web 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.

The GetSet Student Social Community - Sharing Information

Any postings, writings, or other information you provide on or to the Site, whether as part of your participation in any of GetSet’s social communities or otherwise will be visible to other students at your school (including enrolled students, current students, and former students), faculty and staff at your school, and GetSet employees. You are responsible for opting out of sharing any postings or information you do not want shared with students, faculty, or staff at your school by unsharing or deleting the postings or information. Your unshared postings or information will not be visible to other students, but may continue to be visible to faculty and staff at your school. However, by deleting postings or information, they will not be visible to other students, faculty, or staff at your school. At all times, GetSet employees will have access to shared, unshared, and deleted postings or information. GetSet will never share information after you request that it be unshared or deleted, except when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect others or as otherwise provided in the GetSet Privacy Policy. However, if you post or share information on the Site or otherwise with the Community, and later unshare or delete that same information, GetSet is not liable for any third party seeing that information at the time it was shared, nor is GetSet liable for any potential capturing of that information (by screenshot or otherwise) during the time it was shared.

If you opt to share information, GetSet may share this information with unaffiliated entities outside the Community (e.g., persons who are not students, faculty, or otherwise affiliated with your school) in an anonymized format. “Anonymized format” means that GetSet will remove your profile photo and last name from any content you share. By agreeing to the Terms and Conditions, you agree to have your information viewed by third parties in this anonymized format.

Information you share on GetSet can always be removed by GetSet if it does not follow the Terms and Conditions.

Proprietary Rights

Unless otherwise indicated, all content on this Site, including GetSet's course material and assessments, 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 as part of the link 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 does not portray GetSet or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Linking to other content within our Site is prohibited without GetSet's express prior written consent. Please direct any linking requests to us at info@getset.com.

SMS/Text Messaging by GetSet

Pursuant to the Telephone Consumer Protection Act (“TCPA”), GetSet hereby discloses that you, as a GetSet user, may receive text messages from GetSet to your mobile phone from time to time. These messages do not request that you purchase any item or service or engage in any future purchasing activity with GetSet. As part of the Directory Information provided to us by your school, we may have your cell phone number on record and may communicate with you at that number. You may also opt to provide your phone number to GetSet in order to use certain features of the GetSet program. Messages may be sent to your telephone using an automatic telephone dialing system. If you are a general subscriber of GetSet, you may opt out of receiving communications from us by emailing us at info@getset.com with the subject line “Close Account”.

Consent to receive text messages from GetSet is not required to use GetSet or any of its features. Though GetSet is offered to you at no cost through your school, it is hereby disclaimed, pursuant to the TCPA, that consent to receive text messages from GetSet is not a condition of purchasing any property, goods, or services.

Children

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.

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS SITE (INCLUDING, BUT NOT LIMITED TO, THE COURSE MATERIAL, 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 BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, GETSET CANNOT, AND DOES NOT, 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.

Privacy Statement

GetSet recognizes that you have an interest in how we collect, retain and use information about you. Click here for GetSet's privacy policy.

Submissions

All remarks, suggestions, ideas, graphics, or other information provided by you through this Site (together, the “Submission”) will forever be the property of GetSet. GetSet will not be required to treat any Submission 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 Submission of every kind and nature everywhere. GetSet will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not GetSet have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright. Notwithstanding the foregoing, GetSet may contractually agree with the educational institution that referred you to GetSet that such institution will own your Submissions.

You agree to abide by any Acceptable Use Policy instituted by GetSet from time to time.

General Provisions

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 Partners 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.