Terms of Service
Last Updated: 11/02/2021
legal agreement (“Agreement”) between you and GetDone, Inc., a Delaware corporation
(“GetDone”), and is made effective as of the date of your use of the Platform or the date of your
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS A MUTUAL
ARBITRATION AGREEMENT WHICH GOVERNS HOW CLAIMS BETWEEN YOU AND
GETDONE ARE TO BE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF
THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OF THIS IMPORTANT DECISION.
Acceptance of the Terms
GetDone’s Platform provides an online connection, using web-based software and technology,
that facilitates the ordering of Services by Customers and handles everything else from logistics
to quality assurance. Through the GetDone Platform, Customers are able to place orders to
GetDone for Services to be performed by GetDone utilizing Professionals who timely respond to
a Customer’s request for Service. Customers contract with GetDone through the GetDone
Platform for the provision of the requested Services. GetDone sends a Customer’s order for
Services to the Professional(s) for the performance of the Services. Once a Professional has
accepted an order to perform Services, GetDone engages the Professional as an independent
contractor to perform the Services for the Customer and helps to ensure that the Services are
performed and completed in accordance with the Customer’s order and to GetDone’s
These Terms govern your access to, use of, and participation in the GetDone Platform made
available by GetDone, Inc. and affiliated companies (collectively, “GetDone,” “we,” “our,” or
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE
PLATFORM OR BY YOUR ELECTRONIC ACCEPTANCE OF THE TERMS, YOU AGREE
TO BE BOUND BY THESE TERMS, WHICH INCORPORATE BY REFERENCE
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or
participates in the Platform or communicates with us in any manner, and each of your heirs,
assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant
that you have the authority to bind that entity, your acceptance of the Terms will be deemed an
acceptance by that entity, and “you” and “your” herein shall refer to that entity.
GetDone may, in its sole and absolute discretion, update, revise, modify, suspend, supplement,
discontinue, or delete any of these Terms at any time, effective with or without prior notice and
without any liability to GetDone. GetDone may also impose limits on certain features or restrict
your access to part or all of the Platform without notice or liability.
If we make significant changes, we will endeavor to notify you of such changes through the
Platform or by other means like email, but will not be liable for any failure to do so. If you object
to any changes, you may close your Account. To the extent permitted by law, by your continued
use of the Platform or any service of GetDone or its affiliates after the effective date of the
changes, you consent to any updates or changes made to the Terms.
“Account Holder” means a Customer or Professional who completes GetDone’s account
registration process and establishes an account (each, an “Account”) with GetDone.
“Collective Content” means User Content and GetDone Content together.
“Content” means all software and code comprising or used to operate the Platform, and all text,
graphics, editorial content, images, audio, video, sound recordings, typefaces, information and all
other materials available on the Platform including but not limited to User Content, Feedback,
services requests, payment terms, message threads, reviews, scheduling and calendar
information, and other information or materials available on or through the Platform.
“Customer” means an Account Holder who establishes an Account with GetDone registering
such Account Holder to order and receive Services, and uses the Platform to receive, pay for,
review, or facilitate the receipt of Services.
“Platform” means all GetDone websites, mobile or other applications, software, processes, and
any other products or services provided by or through GetDone.
“Services” means the services listed, quoted, scheduled, offered or provided by GetDone and, at
GetDone’s direction, to be performed by Professionals, or sought, scheduled or received by
Customers through orders made to Getdone, through the Platform. Services may include “make
ready” services such as cleaning services, carpet cleaning, light painting, trash hauling and
disposal, and other services related to the turnover and make ready of residential and multi-
family units for lease or re-letting.
“Professional” means an Account Holder who establishes an Account with GetDone registering
such Account Holder through the Platform as a provider of Services, and otherwise uses the
Platform to offer, provide, receive payment for, or facilitate the delivery of Services.
“GetDone Content” means all Content GetDone makes available on or through the Platform,
including any Content licensed from a third party, GetDone designs, trademarks, and logos, but
excluding User Content.
“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or
through the Platform by any Account Holder or other user of the Platform, including but not
limited to photographs, profile information, descriptions, but excluding GetDone Content and
Member Accounts, Representations, Warranties, And Use of The Platform
In order to access and use the Platform you must register for and maintain an active Account.
Accounts are available only to legally formed entities and individuals who are at least 18 years
old and can form legally binding contracts under applicable law. By registering for an Account
and accessing the Platform, you represent and warrant that you are eligible and that you are not
currently restricted by GetDone from using the Platform for any reason. Account registration
requires you to submit to GetDone certain personal information, such as your name, email
address, mobile phone number, and payment information, whether on behalf of yourself as an
individual or on behalf of an entity (“Contact Information”). You agree to keep accurate,
complete, and up-to-date Contact Information in your Account. To learn more about how
responsible for all activity that occurs on your Account, and you will notify GetDone
immediately of any unauthorized use. GetDone is not liable for any losses by any party caused
by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for
the losses of GetDone or others due to such unauthorized use.
GetDone, in accordance with applicable laws, obtains personal information regarding Account
Holders and their respective principals, which may include background checks, history of
criminal convictions, and/or sex offender registration, and we may limit, block, suspend,
deactivate, or cancel an Account based on the results of such a check. As an Account Holder,
you agree and authorize us to use your personal information, such as your full name and date of
birth, to obtain such reports from GetDone’s vendors. Although GetDone may perform
background checks, GetDone cannot confirm that any Account Holder is who they claim to be,
and GetDone cannot and does not assume any responsibility for the accuracy or reliability of
background check information.
NEITHER GETDONE, NOR ITS PARENTS, OR AFFILIATES, INCLUDING THEIR
RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS,
SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES,
SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS
RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER
ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND, TO THE EXTENT
PERMITTED BY LAW, YOU HEREBY RELEASE GETDONE AND AFFILIATES FROM
ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND
AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE PLATFORM.
License to Use the Platform
Subject to your compliance with these Terms, GetDone grants you a limited, non-exclusive,
revocable, nontransferable, and non-sublicensable license to access and use the Platform on your
personal device. You will not use, copy, adapt, modify, prepare derivative works based upon,
distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast
or otherwise exploit the Platform or Collective Content, except as expressly permitted in these
Terms. The Platform and Collective Content are provided to you AS IS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or
controlled by GetDone or its licensors, unless expressly granted in these Terms.
You are solely responsible for all User Content that you post to the Platform and acknowledge
that GetDone will not be liable for any User Content under any circumstances. This means that
you may be held legally responsible for damages suffered by other users or third parties as a
result of your comments if such comments are inaccurate, incorrect, legally actionable or
By providing User Content to GetDone, you hereby grant GetDone a worldwide, irrevocable,
perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use,
copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through,
by means of or to promote, market or advertise the Platform or Services, or for any other purpose
in our sole discretion. The license granted to GetDone shall survive termination of the Platform
or your Account. GetDone does not claim ownership rights in your User Content and nothing in
these Terms will be deemed to restrict rights that you may have to use and exploit any such User
Content submitted, posted, uploaded, published, or transmitted on or through the Platform by
Further, you hereby waive any and all moral rights in connection with the User Content (to the
extent allowable by law). Each user warrants and represents that they have the lawful authority to
grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each user acknowledges that GetDone shall not owe any financial or other remuneration for
using the User Content provided hereunder by such user, either for initial or subsequent
transmission or playback.
You hereby represent and warrant to GetDone that your User Content (a) will not be false,
inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of
illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright,
patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to
the extent recognized by law in the country where the Service is performed); (d) will not violate
any law, statute, ordinance, code, or regulation (including without limitation those governing
export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred
or false or misleading advertising or privacy); (e) will not be defamatory, libelous, malicious,
threatening, or harassing; (f) will not be obscene or contain pornography (including but not
limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts
such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other
computer programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information; (h) will not
claim or suggest in any way that you are employed or directly engaged by or affiliated with
GetDone or otherwise purport to act as a representative or agent of GetDone; and (i) will not
create liability for GetDone or cause GetDone to lose (in whole or in part) the services of its
Internet Service Providers (ISPs) or other partners or suppliers.
Each user hereby waives all rights and releases GetDone and Affiliates from, and shall hold
harmless against any such parties for, any claim or cause of action, whether now known or
unknown, including without limitation, for defamation, malicious falsehood, invasion of right to
privacy, data protection, publicity or personality or any similar matter, or based upon or relating
to the use and exploitation of such user’s identity or User Content in connection with the
GetDone reserves the right, at any time and without prior notice, to remove or disable access to
User Content that we, in our sole discretion, consider to be objectionable for any reason, in
violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
By agreeing to these Terms or continuing to operate as an Account Holder on GetDone, you
agree to provide GetDone, at all times, with accurate and complete information about you and
your relevant business operations (as applicable), and you authorize GetDone to share any such
information provided by you and any related transaction information with anyone GetDone
designates to collect Fees or other payments on its behalf and otherwise.
Users of the Platform may not:
- Use an Account that is not registered to you or your company and/or create more than
- In the case of a Professional, misrepresent yourself, your company, your identity,
your qualifications, or Services offered;
- In the case of a Customer, misrepresent yourself, your company, your identity, a
project or other information in a quote request;
- In any manual or automated manner copy copyrighted text, or otherwise misuse or
misappropriate Platform information or Content including but not limited to, use on a
mirrored, competitive, or third-party site;
- Take any action that (a) may negatively affect the Platform’s infrastructure; (b)
interferes or attempts to interfere with the proper working of the Platform; (c)
bypasses measures that are used to prevent or restrict access to the Platform; (d)
circumvents, disables or otherwise interferes with security features of the Platform;
(e) distributes viruses or any other technologies that may harm GetDone or users of
the Platform; (f) violates any intellectual property rights, including copyrights, trade
secrets, or other rights of any third party, including privacy or publicity rights; or (g)
circumvents or manipulates payment terms, billing, or Fees owed;
- Use or collect any personally identifiable data including but not limited to names or
other account information from the Platform, or use the communication systems
provided by the Platform for any reason not explicitly authorized by these Terms;
- Take any inappropriate or unlawful actions, including but not limited to, money
laundering, fraud, the submission of inappropriate or unlawful Content to or through
the Platform (including Content that is harassing, hateful, illegal, profane, obscene,
defamatory, threatening, or discriminatory, or that advocates, promotes, or
- encourages inappropriate activity), conduct that would be considered a criminal
offense, or conduct that would give rise to civil liability or violate any law;
Violate GetDone policies, promulgated by GetDone from time-to-time, that govern
your use of the Platform and our interactions with you and third parties;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings
- Engage in fraudulent conduct;
- Undertake any activity or engage in any conduct that is inconsistent with the business
or purpose of the Platform; and/or
- Attempt to indirectly violate these Terms.
Getdone Fees, Payment Terms, And Taxes
If you are a Customer, GetDone will charge and invoice you the fees and costs (“Fees”) for
Services ordered by you through the Platform and/or otherwise provided by GetDone by and
through its Professionals, or otherwise. You agree to and shall pay any and all such Fees when
due, any and all related transactional costs, payment processing fees and expenses, and local,
state, or federal taxes as applicable, in each instance as provided in the Customer Agreement.
You may not pay any Fees or other amounts directly to any Professional. All Fees are payable
in U.S. dollars only.
Referenced transaction fees and cost, for which you will be charged, may include credit card and
ACH processing fees, chargeback amounts, third party pass-through transactional expenses, and
other amounts related to misconduct or fraudulent activity associated with your Account or
payment method. You also agree that GetDone or its third-party service providers providing
payment services may store your payment method and associated information. We may charge
your payment method for subsequent charges you authorize, such as recurring subscription fees,
Account upgrades or other special charges authorized by you as additional functions become
available. If the payment method you use with us reaches its expiration date and you do not
update the applicable information, you authorize us to invoice you directly or continue billing
that payment method, and you remain responsible for any unpaid amounts. If you do not pay any
Fees when due or if GetDone cannot charge the payment method you provided us for any reason,
you agree to reimburse us, and we reserve all rights permissible under law to recover, all costs
and expenses incurred, including reasonable attorneys’ fees and other collections costs, in our
pursuit of payment of the Fees. You explicitly agree that all communication in relation to
delinquent Accounts or Fees due will be made by electronic mail or by phone. Such
communication may be made by GetDone or by anyone on its behalf, including but not limited
to a third-party collection agent. Failure to pay Fees when due may result in the termination of
your Account or access to or use of the Platform.
All cancellation and refund requests will be reviewed by GetDone and approved or rejected by
GetDone in their sole and absolute discretion. Further, you acknowledge that (a) the use of
certain features within the Platform may be subject to certain third-party fees and costs imposed
by GetDone’s payment processing partner(s) and other partners; and (b) GetDone has no ability
to refund such Fees. Under normal circumstances, GetDone will process your valid written
request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by emailing your request to GetDone support at
support@GetDone.com. If you have a balance due on any Account, you agree that GetDone may
charge such unpaid Fees to the payment method you provided us or we may otherwise invoice
you for and take any necessary steps to collect such unpaid Fees.
By accessing and using the Platform, (a) each Customer acknowledges and agrees that, solely by
and through such Customer’s access to the Platform, such Customer will have access to
Professionals and the provision of Services by such Professionals through GetDone; and (b) each
Professional acknowledges and agrees that, solely by and through such Professional’s access to
the Platform, such Professional will have access to Customers and the opportunity to provide
Services to Customers; and (c) in consideration of the foregoing access to the Platform provided
by GetDone to Customers and Professionals, respectively, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by each Customer
and Professional, each Customer and Professional hereby covenants and agrees that, during the
term of your applicable Customer Agreement or Professional Agreement, and for a period of
twenty-four (24) months following the termination thereof, (the “Non-Circumvention Period”),
you shall not: (x) if you are a Customer, solicit, contact, contract, employ, or engage, directly or
indirectly, any Professional (or any employee or contractor of any Professional) to provide any
Services or similar services to you or any affiliate of yours, at any property owned or managed
by you or any affiliate of yours; and (y) if you are a Professional, solicit, contact, be contracted
by, be employed by, or be engaged by, directly or indirectly, any Customer or any affiliate of any
Customer, to provide Services or similar services to or for, or at any property owned or managed
by, any Customer or any affiliate of any Customer.
By accessing and using the Platform, each Customer and Professional acknowledges and agrees
that the non-solicitation covenants contained herein are fair and reasonable in light of all of the
facts and circumstances of the relationship between GetDone and each Customer and between
GetDone and each Professional; however, each of GetDone, Customer and Professional are
aware that in certain circumstances courts have refused to enforce certain non-solicitation and
non-competition agreements. Therefore, in furtherance of, and not in derogation of the
provisions of this section, GetDone and each Customer and each Professional agree that in the
event a court should decline to enforce the provisions of this section, such section shall be
deemed to be modified or reformed to restrict the actions and activities of Customers and
Professionals, as applicable, to the maximum extent as to time and business scope, which the
court shall find enforceable. Subject to the foregoing, to the extent that any provision of this
Agreement is held to be invalid, illegal or unenforceable under any applicable law or rule, the
validity, legality and enforceability of the other provisions of this Agreement will not be affected
or impaired thereby.
Additionally, each Customer and Professional acknowledges that it would be difficult to fully
compensate GetDone for damages resulting from any breach by Customer and/or Professional of
the provisions of this Agreement. Accordingly, in the event of any actual or threatened breach of
such provisions, GetDone shall (in addition to any other remedies which it may have) be entitled
to temporary and/or permanent injunctive relief to enforce such provisions, and such relief may
be granted without the necessity of proving actual damages. Each Customer and Professional further acknowledges that this Agreement constitutes a material inducement to GetDone to enter
into this Agreement and provide each Customer and each Professional with access to the
Platform and GetDone will be relying on the enforceability of this Agreement.
The Non-Circumvention Period will not apply if you identified (or were identified) in writing to
GetDone by said party prior to your use or access of the Platform. Additionally, a Customer and
a Professional may opt-out of the foregoing non-solicitation covenants with respect to a
particular Customer-Professional relationship, if, in each instance, the applicable Customer and
Professional make a joint, written election to opt-out of their respective Customer Agreement
and Professional Agreement (each an “Opt-Out”) and, together, pay GetDone a one-time, fully-
earned and non-refundable “Opt-Out Fee” in the amount of $7,500.00. The Opt-Out Fee shall
bear interest at a rate of 18% per annum or the maximum rate permitted by applicable law,
whichever is less, calculated from the date the Customer first makes payment to Professional,
outside of the GetDone Platform, until the date the Opt-Out Fee is paid.
To make the joint, written election to opt out and pay the Opt-Out Fee, you must request
instructions by sending an email message to support@GetDone.com.
If you pay the Opt-Out Fee with respect to any Customer-Professional relationship, you agree
not to circumvent or otherwise utilize the Platform in a manner other than intended and
authorized by GetDone. By way of illustration and not in limitation of the foregoing, you must
- Submit proposals or solicit parties identified through the Platform to contract, hire, work
with, or pay outside the Platform.
- Accept proposals or solicit parties identified through the Platform to contract, deliver
services, invoice, or receive payment outside the Platform.
- Invoice or report on the Platform or in an Opt-Out Fee request an invoice or payment
amount lower than that actually agreed between users.
You agree to notify GetDone immediately if another person improperly contacts you or suggests
making or receiving payments outside of the Platform. If you are aware of a breach or potential
breach of this non-circumvention agreement, please submit a confidential report to GetDone by
sending an email message to: support@GetDone.com.
GetDone, on the one hand, and each Customer and Professional, on the other hand, intend that
the Opt-Out Fee constitutes compensation, and not a penalty. The parties acknowledge and agree
that the harm caused to GetDone by an Op-Out would be impossible or very difficult to
accurately estimate, and that the Opt-Out Fee is a reasonable estimate of the anticipated or actual
harm that might arise from an Opt-Out. The payment of the Opt-Out Fee is the sole liability of a
particular Customer and Professional with respect to an Opt-Out and GetDone’s exclusive
remedy with respect to any specific Opt-Out.
Agreement Between Professionals and GetDone
As a condition to providing Services through the GetDone Platform, Professionals must execute
and agree to the terms and conditions set forth in the Professional Agreement located at the
following link: [link to Agreement/insert url]
Agreement Between Customers and GetDone
As a condition for ordering Services through the GetDone Platform, Customers must execute and
agree to the terms and conditions set forth in the Customer Agreement located at the following
link: [link to Agreement/insert url]
Disputes Between or Among Users
Getdone values our Pro Members and Customer Members, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Pro Member or a Customer Member cannot be resolved independently, you agree, at Getdone's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Getdone or a neutral third-party mediator or arbitrator selected by Getdone. Notwithstanding the foregoing, you acknowledge and agree that Getdone is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT GETDONE IS UNDER NO OBLIGATION TO BECOME INVOLVED IN ANY DISPUTE BETWEEN MEMBERS, FACILITATE, REQUIRE OR REQUEST ANY PARTICULAR DISPUTE RESOLUTION MECHANISM, OR OTHERWISE IMPOSE ANY RESOLUTION TO A DISPUTE BETWEEN OR AMONG MEMBERS OR ANY THIRD PARTY. EXCEPT AS REQUIRED BY APPLICABLE LAW AND VALID LEGAL PROCESSES TO WHICH GETDONE IS SUBJECT, GETDONE IS UNDER NO OBLIGATION TO PROVIDE ANY INFORMATION OR DATA REGARDING ANOTHER MEMBER, ANY PARTICULAR TRANSACTION BETWEEN MEMBERS, OR ANY DISPUTE OR POTENTIAL DISPUTE BETWEEN MEMBERS.
Intellectual Property Rights
GetDone Content is protected by copyright, trademark, and other laws of the United States,
foreign countries, and international conventions. GetDone and/or its affiliates, subsidiaries, and
parents exclusively own all right, title, and interest in and to the Platform and GetDone Content,
including all associated intellectual property rights. The service marks, trademarks, logos, trade
names, domain names and any other proprietary designations of GetDone used herein are
trademarks or registered trademarks of GetDone. Users may not copy, download, use, redesign,
reconfigure, or retransmit anything from the Platform without GetDone’s express prior written
consent and, if applicable, the consent of the holder of the rights to the User Content. Any use of
GetDone Content, other than as expressly permitted herein, is prohibited without the prior
permission of GetDone and/or the relevant right holder.
Account Holder Feedback
The GetDone Platform enables Account Holders to submit comments, questions, or suggestions
concerning GetDone or our Services (“Feedback”). Please do not submit any confidential
information when providing Feedback. By submitting Feedback, you understand and agree (i)
that we are under no obligation of confidentiality, express or implied, with respect to the
Feedback, (ii) that we may have something similar to the Feedback already under consideration
or in development, (iii) that your Feedback will automatically become the property of GetDone,
without compensation to you. This Feedback section shall survive any termination of your
Account or the Platform.
By using the Platform, you understand and agree that any legal remedy or liability that you seek
to obtain for actions or omissions of other Account Holders or other third parties will be limited
to a claim against those particular Account Holders or other third parties. You agree not to
attempt to impose liability on or seek any legal remedy from GetDone with respect to such
actions or omissions.
Links to Third Party Sites
The Platform may contain links (such as hyperlinks) to third-party websites. Such links do not
constitute endorsement by GetDone or association with those websites, their content or their
operators. Such links (including without limitation external websites that are framed by the
Platform as well as any advertisements displayed in connection therewith) are provided as an
information service, for reference and convenience only. GetDone does not control any such
websites, and is not responsible for their availability, accuracy, content, advertising, products, or
services. It is your responsibility to evaluate the content and usefulness of the information
obtained from other websites. You acknowledge and agree that GetDone is not involved in the
creation or development of third-party websites and disclaims any responsibility for third-party
websites, and cannot be liable for claims arising out of or relating to third-party websites.
Further, you acknowledge and agree that GetDone has no obligation to monitor, review, or
remove links to third-party websites, but reserves the right to limit or remove links to third-party
websites on the Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms
at your own risk. GetDone expressly disclaims any liability arising in connection with your use
and/or viewing of any websites or other material associated with links that may appear on the
Platform. You hereby agree to hold GetDone harmless from any liability that may result from the
use of links that may appear on the Platform.
Account Suspension or Termination
GetDone may, in our discretion, with or without cause, with or without prior notice and at any
time, decide to limit, block, suspend, deactivate or cancel your GetDone Account in whole or in
part. If we exercise our discretion under these Terms to do so, any or all of the following can
occur with or without prior notice or explanation to you: (a) your Account will be deactivated or
suspended, your password will be disabled, and you will not be able to access the Platform or
your User Content, or receive assistance from GetDone support teams; (b) if appropriate in our
sole discretion, we may communicate to other users that your Account has been terminated,
blocked, suspended, deactivated, or cancelled, and why this action has been taken; and (c) you
will not be entitled to any compensation for Services cancelled or delayed as a result of Account
termination. You may cancel your use of the Platform by contacting support@GetDone.com.
Please note that if your Account is cancelled, we do not have an obligation to delete or return to
you any User Content. Creating a new or different Account in an attempt to circumvent a
suspension or termination is strictly prohibited.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS AN
ARBITRATION AGREEMENT WHICH REQUIRES YOU TO ARBITRATE DISPUTES
WITH GETDONE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
By agreeing to these Terms, you agree that you are required to resolve any and all disputes with
GetDone on an individual basis in arbitration as set forth in this Arbitration Agreement.
Initial Dispute Resolution: In an effort to resolve disputes without litigation, you agree to
contact GetDone’s support department at support@GetDone.com to settle any dispute, claim,
question, or disagreement directly through consultation with the GetDone support department,
and good faith negotiations shall be a condition to either party initiating arbitration. Parties will
have a period of thirty (30) days starting from the time GetDone’s support department is made
aware of the dispute. If the parties fail to resolve the dispute during the thirty (30) day period,
then either party may initiate binding arbitration as the sole means to resolve the dispute subject
to this Arbitration Agreement.
Binding Arbitration: All claims arising out of or relating to your use of the Platform, these Terms
(including the interpretation, formation, or enforceability of these Terms), or any other aspect of
your relationship with GetDone shall be resolved by binding arbitration administered by the
American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration
Rules, and judgment on the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof. Unless the parties agree otherwise, only one arbitrator is to be assigned to
hear a case. The arbitrator shall be selected by the mutual agreement of the parties. If the parties
cannot agree on an arbitrator, the parties shall alternately strike names from a list provided by the
AAA until only one name remains.
To begin the arbitration process, you must notice pursuant to the notice provisions in these
Terms requesting arbitration and describing your claim.
If the fee for arbitration is greater than the cost of filing a lawsuit, GetDone will pay the
additional cost for arbitration if required by law. GetDone will also, if required by law, reimburse the fees invoiced by the arbitrator and/or AAA, including filing fees and arbitrator’s fees and hearing expenses totaling less than $10,000 unless the arbitrator finds the claims to be frivolous. Each party is responsible for its own attorneys’ fees unless the arbitration rules, these Terms, and/or applicable law provide otherwise.
The parties understand that by agreeing to arbitration each party is waiving their right to sue in
court and have a jury trial.
You agree that regardless of any statute or law to the contrary, any claim arising out of or related
to the Platform or the Services offered therein must commence within one (1) year after the
cause of action accrues. Otherwise, such cause of action is permanently barred.
Class Action Waiver: The parties further agree to arbitrate solely on an individual basis, and that
this Arbitration Agreement does not permit class arbitration, or any claims brought as a plaintiff
or class member in any class or representative arbitration proceeding. The arbitral tribunal may
not consolidate more than one person’s claims and may not otherwise preside over any form of
representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own
jurisdiction and the validity or enforceability of the Agreement to arbitrate, the tribunal has no
power to rule on the validity or enforceability of the Agreement to arbitrate solely on an
Exceptions to Arbitration and Initial Dispute Resolution: Notwithstanding the foregoing, this
Arbitration Agreement does not require arbitration or initial dispute resolutions of the following:
(i) individual claims brought in small claims court so long as the matter remains in such court
and advances only on an individual (non-class, non-representative) basis; (ii) injunctive or other
equitable relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a party’s intellectual property rights.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your
Account or the Platform.
The Terms and the relationship between you and Getdone shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Getdone that is not subject to arbitration must be resolved by a court locatedin Austin, Texas, or a United States District Court, Western District of Texas, located in Austin, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas or the United States District Court, Western District of Texas located in Austin, Texas, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM,
ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
GETDONE NOR ANY PERSON ASSOCIATED WITH GETDONE MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
PLATFORM OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER
GETDONE NOR ANYONE ASSOCIATED WITH GETDONE REPRESENTS OR
WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-
FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR
PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW,
GETDONE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY
LAW, IN NO EVENT WILL GETDONE, ITS AFFILIATES, ITS PARENTS, ITS
SUBSIDIARIES, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT
ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS
OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO
STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED
BY GETDONE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR
ATTORNEYS FEES AND COSTS) AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT
GETDONE AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR
DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL
FEES PAID BY YOU TO GETDONE (IF YOU ARE AN ACCOUNT HOLDER) OR TOTAL
PAYMENTS PAID TO YOU BY CUSTOMERS (IF YOU ARE PROFESSIONAL), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT
PERMITTED BY APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Release
Consent to Electronic Signatures By using the Platform, you agree to transact electronically
through the Platform. You also agree to the following: (i) your electronic signature is the legal
equivalent of your manual signature and has the same legal effect, validity and enforceability as
a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item,
button, icon or similar act/action, constitutes your signature as if actually signed by you in
writing; and (iii) no certification authority or other third party verification is necessary to validate
your electronic signature, and the lack of such certification or third party verification will not in
any way affect the enforceability of your electronic signature.
Contacting You and E-SIGN Consent: You agree that GetDone may provide you with notices,
including those regarding changes to the Terms, by email, text message, telephone, regular mail,
or postings on the Platform. Your agreement to the E-Sign Consent below confirms your ability
to consent to: (1) receive communications and notices electronically rather than in paper form
and; (2) consent to the use of an electronic record to document your agreement. You may
withdraw your consent as explained below.
E-Sign Consent. Under this consent, Getdone may provide all communications, notices,
agreements, billing statements, or disclosures in writing (“Communications”) electronically by
email, by text message, or via the GetDone Platform. Communications include, but are not
Member Agreement, and the GetDone Professional Member Agreement), (2) payment
authorizations and transaction receipts or confirmations, (3) account statements and history, (4)
and all federal and state tax statements and documents. We may also use electronic signatures
and obtain them from you. Please read this E-Sign Consent carefully and print a copy for your
To access and retain the electronic Communications, you will need the following:
- A computer or mobile device with Internet or mobile connectivity.
- For desktop website-based Communications:
- Recent web browser that includes 256-bit encryption;
- The browser must have cookies enabled. Use of browser extensions may
impair full website functionality; and
- Minimum recommended browser standards are the most recent versions of
Mozilla Firefox, Apple Safari, or Google Chrome.
- For application-based Communications:
- A recent device operating system that supports text messaging,
downloading, and applications from the Apple App Store or Google Play
- The most recent versions of Apple Safari or Google Chrome on iOS or
Google Chrome for Android OS.
- Access to the email address used to create your GetDone Account.
- Sufficient storage space to save Communications
and/or a printer to print them.
You have the right to receive Communications in paper form. To request a paper copy of any
Communication at no charge, please write to the address provided for GetDone in the Notices
section (the “GetDone Address”), specifying in detail the Communication you would like to
receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of
itself, will not be treated as withdrawal of consent to receive electronic Communications.
You may withdraw your consent to receive electronic Communications at any time, by writing to
the GetDone Address. However, withdrawal of your consent to receive electronic
Communications may result in termination of your access to Services. Any withdrawal of your
consent will be effective after a reasonable period of time for processing your request, and
GetDone will confirm your withdrawal of consent and its effective date in writing (either
electronically or in paper form).
You can change your email address by writing to the GetDone Address. You may also be able to
change your email address yourself through the profile information in your GetDone Account.
(if you are a Customer) and the Professional Agreement (if you are a Professional) constitute the
sole and entire Agreement between you and GetDone regarding the Platform and your use thereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these
Terms, there shall be no third-party beneficiaries to these Terms.
Waiver and Severability: No waiver by GetDone of any term or condition set out in these Terms
shall be deemed a further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of GetDone to assert a right or provision under these Terms
shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms will continue in full force
Contact Information: If you have any questions about these Terms or the Platform, please
contact us by sending an email to support@GetDone.com.
Notices. No notice or other communication shall be deemed given unless sent in any of the
manners, and to the persons, as specified herein. All notices and other communications
hereunder shall be in writing and shall be deemed given: (a) upon receipt if delivered personally
or if mailed by registered or certified mail return receipt requested and postage prepaid; (b) at
noon on the date after dispatch if sent by a nationally recognized overnight courier; or (c) upon
the completion of a message or email through the GetDone Platform. In any case, such notice
shall be delivered to the parties at the addresses as specified below (or at such other address or
facsimile number for a party as shall be specified by like notice):
If to GetDone: GetDone, Inc
Attn: Customer Service
3517 North Hills Dr
Austin, TX 78731
If to Customer: Contact Information provided in the Customer Account through the GetDone
Acknowledgement and Consent. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE
ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT.