Terms – GoGetter

Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and GoGetter, Inc. (“GoGetter”) governing your use of the GoGetter Platform which includes GoGetter’s website (www.gogetter.app) (the “Site”), mobile applications (the “Apps”), and related services, information and communications.

The use of all personal data you submit to the GoGetter Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), a copy of which is available here.

Your consent at registration and continued use of the GoGetter Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and the Privacy Policy. From time to time, GoGetter may change these Terms and Privacy Policy without prior notice to you and you agree to check these Terms and Privacy Policy from time to time to make sure you are in compliance. Should any future changes make these Terms and Privacy Policy unacceptable to you or cause you to no longer be in compliance, you must deactivate your account, and immediately stop using the GoGetter Platform.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE GOGETTER PLATFORM.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE GOGETTER PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

A few highlights of these Terms include:

You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the GoGetter Platform (Section 2).
Your agreement that the technology for the GoGetter Platform is provided “as is” and without warranty (Section 15).
Your agreement that GoGetter provides no warranty and has no liability regarding User action on the GoGetter Platform or the performance of Services (Section 15).
Your acknowledgment and agreement that GoGetter does not supervise, scope, direct, control, or monitor a Provider’s work and the Services performed (Section 1).
Your acknowledgement and agreement that Clients are solely responsible for determining if the Provider they hire is qualified to perform the Service (Sections 1 and 23).
Your acknowledgement and agreement that Providers are independent contractors of Clients and not employees, independent contractors or service providers of GoGetter (Section 1).
Your agreement to hold harmless and indemnify GoGetter from claims arising from your use of or inability to use the GoGetter Platform or content submitted from your account to the GoGetter Platform (Section 15).
Your agreement to arbitrate disputes with GoGetter on an individual basis to the fullest extent permitted by applicable law.

1. The GoGetter Platform Enables Commerce Between Providers and Clients

The GoGetter Platform is an app-based, two-sided marketplace, which enables connections between Clients and Providers. “Clients” are individuals and/or businesses seeking to obtain services from Providers and are therefore clients of Providers, and “Providers” are businesses seeking to perform Services for Clients. Clients and Providers together are hereinafter referred to as “Users.” If you agree on the terms of a service with another User, you and such other User form a service agreement directly between the two of you as set forth in more detail in Section 3 below.

PROVIDERS ARE INDEPENDENT BUSINESS OWNERS. PROVIDERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF GOGETTER. GOGETTER DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, GOGETTER OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (PROVIDERS) WHO WISH TO PERFORM A VARIETY OF SERVICES.

USERS HEREBY ACKNOWLEDGE THAT GOGETTER DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the GoGetter Platform to a Provider being licensed or credentialed in some manner, or “badged,” “reliable,” “reliability rate,” “elite,” “great value,” “background checked,” “vetted” (or similar language) designations indicates only that the Provider has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by GoGetter of such Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Providers whom they select, interact, or contract with via the GoGetter Platform.

The GoGetter Platform enables connections between Users for the fulfillment of Services. GoGetter is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. GoGetter makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users identified through the GoGetter Platform, whether in public or private, via on-line or off-line interactions, or otherwise howsoever.

2. Provider Background Checks and User Representations and Warranties

Provider Background Checks

GoGetter reserves the right to perform review processes (“Background Checks”), including but not limited to identify verification and criminal background checks of Users using third party services as appropriate, prior to or during User registration and use of the GoGetter Platform. And GoGetter reserves the right to deny access to or continued use of the GoGetter Platform based on the results of such review processes. Further, GoGetter makes no assertion or guarantee that such review processes have or will be performed. (“Background Checks”). Users understand and agree that their use of the GoGetter Platform, including the scheduling and performance of services, is made entirely at their own risk. GoGetter cannot confirm that any User is who they claim to be or that Users do not have criminal backgrounds. Further, GoGetter cannot and does not assume any responsibility for the accuracy or reliability of any Background Check information which it may obtain.

Users of the GoGetter Platform include both registered Clients/Customers and Providers. When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. GoGetter will not be liable for any false or misleading statements made by Users of the GoGetter Platform.

NEITHER GOGETTER, NOR ITS PARENTS, AFFILIATES OR LICENSORS, 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 GOGETTER PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GOGETTER 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 GOGETTER PLATFORM.

User Representations and Warranties

All Users represent and warrant that:

You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
You have read, understand, and agree to be bound by these Terms and the Privacy Policy;
Services shall only be performed in the United States;
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or GoGetter in connection with the GoGetter Platform without the prior written consent of the relevant User and/or GoGetter, as applicable;
You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Provider or Client as the case may be, and only utilize the third party payment service provider specified or approved by GoGetter (the “PSP”) to make or receive payment for services provided through the GoGetter Platform;
You will act professionally and responsibly in your interactions with other Users;
You will use your real name or business name on your profile;
When using or accessing the GoGetter Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
You will not use the GoGetter Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Other than as fully and promptly disclosed in writing to GoGetter, you do not have any motivation, status, or interest that GoGetter may reasonably wish to know about in connection with the GoGetter Platform, including without limitation, if you are using or will or intend to use the GoGetter Platform for any journalistic, academic, investigative, or unlawful purpose.

Providers additionally represent and warrant that:

When using the GoGetter Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the GoGetter Platform, and maintain an independent clientele;
You have the unrestricted right to work in the jurisdiction in which you will be performing Services;
If the Service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Services (including but not limited to a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Service you are performing);
You have any and all insurance required to operate your business and provide your services;
You will use your real name or business name, physical business address, and an up-to-date photo on your profile;
You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Service(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

3. Contract between Clients and Providers

You acknowledge and agree that a contract, separate from this Agreement, is formed when a Client and Provider arrange for the provision of services using the GoGetter Platform. The terms of that separate contract between Client and Provider include the terms set forth in this Section 3, the engagement terms proposed and accepted on the GoGetter Platform, and any other contractual terms (appointment time, location, costs, fees, attendees and any cancellation rules and policies set forth by the provider) accepted by both the Provider and Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand GoGetter’s obligations or restrict GoGetter’s rights under this Agreement. You acknowledge that GoGetter is not a party to any contract between you and any Client or Provider and the formation of any contract for services between Client and Provider will not, under any circumstances, create an employment or other service relationship between GoGetter and the Provider, nor will it create an employment relationship between the Client and the Provider. Users do not have authority to enter into written or oral contracts, whether implied or express, on behalf of GoGetter.

Where approved in advance by the Client, a Provider may not be personally obligated to perform services, but may otherwise engage assistants, helpers, subcontractors or other personnel (collectively “Provider Assistants”) to perform the service. For safety reasons, Provider’s who engage “Provider Assistants” are required to register such Provider Assistants through the GoGetter Platform before such services are performed by such Provider Assistants. A Provider’s failure to comply with this provision shall be a violation of these Terms which violation may provide the basis for removal of the Provider and/or the Provider Assistant from the GoGetter Platform. The Provider assumes full and sole responsibility for the acts and omissions of such Provider Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Provider Assistants, if any, and for all required and applicable tax withholdings as to such Provider Assistants. Clients are responsible for confirming with their Provider that any Provider Assistants are registered Providers on the GoGetter Platform before receiving the contracted for services.

While using the GoGetter Platform, Clients, in their sole discretion, determine whether they will be present or not when a service is performed. Clients agree that if someone other than them books the service on their behalf or is present in their stead when the service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Provider may take and follow direction from the Client’s Agent as if such direction was given from the Client him- or herself. If you are a Client’s Agent and accessing and using the GoGetter Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Provider’s work or performance of the Service in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.

The Client shall pay their Provider(s) in full for all Service via the Payment Services Provider (“PSP”) as indicated on the GoGetter Platform, at the rates agreed to by the parties in the contract between Client and Provider. Each User agrees to comply with the Service contract and this Agreement during the engagement, performance and completion of a Service.

4. Billing and Payment

Users of the GoGetter Platform contract for Services directly with other Users. GoGetter will not be a party to any Service contract between Client and Provider. Client, and not GoGetter, is responsible for payment for all services through the GoGetter Platform. Such payment must be made via the PSP. GoGetter is not obligated to compensate Provider for Client’s failure to pay for services.

All payments for Services, including the base cost, service fee and any other fees set forth by the Provider must be paid through the PSP. Additionally, all other payments in the app, such as Packages, Gift Cards and GoGetter Cash Reloads must be paid through the PSP. Clients on the GoGetter Platform will be required to provide their payment method details to the PSP via the GoGetter app. When a Client submits a booking request to the Provider, the Client’s method of payment is charged. If the Provider had enabled automatic confirmation of a Client’s booking request, the PSP will initiate the settlement process. If the Provider has enabled manual confirmation of a Client’s booking request, the PSP will initiate authorization, placing a “hold” on Client’s method of payment at that time. If the Provider initiates a booking request to the Client, the settlement process will be initiated by the PSP at the moment the Client accepts the booking request. Once the scheduled end time for a booking has passed and both Client and Provider have agreed that the scheduled event was successfully completed via GoGetter’s Feedback system, the amount due to the Provider will be added to the Provider’s Payout balance. Payment will be released to the Provider (the Provider’s Payout balance will be deposited into the Provider’s preferred deposit account) automatically on a weekly basis if the Provider’s Payout balance is greater than $10.00. The Provider may also choose to be paid instantly for a $0.50 fee if the Provider’s Payout balance is greater than $10.00. If the Client chooses to purchase a Package, Gift Card or initiate a GoGetter Cash Reload, the PSP will initiate the settlement process. In the event that a Client initiates a chargeback, the Provider will be responsible for paying the chargeback fees to the PSP.

Providers are required to have an online payment system (“OPS”) account eligible to receive Payouts (PayPal account or Venmo account), which may require any or all of the following: registration with the OPS, consent to the terms of service of the OPS, and completion of a vetting process and/or account validation at the request of the OPS. By accepting these Terms, each Provider agrees that they have downloaded or printed, and reviewed and agreed to, the OPS Services Agreement. Please note that GoGetter is not a party to the OPS Services Agreement and that you, the OPS, and any other parties listed in the OPS Services Agreement are the parties to the OPS Services Agreement. GoGetter has no obligations, responsibility or liability to any Provider or other party under the OPS Services Agreement.

To help prevent fraud and safeguard User information from the risk of unauthorized access, GoGetter and/or the OPS may validate an account before activation and prior to a booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Service and expenses.

Users of the GoGetter Platform may be liable for any taxes or similar charges (including VAT, if applicable where the Service is performed) required to be collected and/or paid on the Services and/or fees provided under the Agreement.

In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that GoGetter may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

5. Contests, Gift Cards, Promotional Codes, GoGetter Cash and The GoGetter Rewards Points Program

GoGetter may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of GoGetter, and can be implemented, modified, or removed at any time by GoGetter without advance notification. The liability of GoGetter and Affiliates, as well as any of GoGetter’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.

GoGetter gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Service Payments and Service Fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Service provided through the GoGetter Platform.

A. Promo Codes

Promo Codes are an offer by GoGetter to reduce the amount a Client has to pay in relation to a Service Payment, service charge, and/or service fee. Promo Codes will not affect the amount of the Service Payment a Provider ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between GoGetter or the Provider or Client, or constitute wages, fees or other amounts paid to the Provider. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. GoGetter reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.

B. Gift Cards

Gift cards can only be used in connection with Services performed on the GoGetter Platform, are not replaceable if lost or stolen, and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Providers as a payment method.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance to) your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. GoGetter reserves the right to correct the balance of a Gift Card if GoGetter believes that a billing error has occurred. GoGetter reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.

You agree to comply with all Gift Card terms and conditions.

C. GoGetter Cash

Any money that a User receives from Gift Cards, GoGetter Event Refunds or GoGetter Cash Reloads is held in the User’s GoGetter Cash balance in the app. GoGetter Cash may be used as a payment method for purchasing services, packages, or any other items within the GoGetter app. GoGetter Cash balances never expire. Amounts reloaded to GoGetter Cash accounts are not refundable.

D. GoGetter Rewards Points Program

The GoGetter Rewards Points Program allows Users to earn rewards points and redeem them for GoGetter Cash and prizes. Users have many opportunities to earn rewards points in the app. A current list of rewards points opportunities and rewards points values can be found in the GoGetter app. GoGetter Rewards Points never expire. All GoGetter Rewards Points Program rules are subject to change.

6. Public Areas; Acceptable Use

The GoGetter Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Service postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the GoGetter Platform, you should not share your personal contact information with other Users.

Without limitation, the GoGetter Platform may not be used for any of the following purposes:

To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including but not necessarily limited to other Users and GoGetter staff;
To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or GoGetter;
To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage GoGetter or its Users’ phones/computers;
To advertise or offer to sell any goods or services for any commercial purpose through the GoGetter Platform which are not relevant to the Service services;
To post or complete a Service requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over $300) without obtaining pre-authorization from GoGetter, (iii) perform any portion of the Service in a country other than the United States, (iv) provide ridesharing or other peer to peer transportation services, (v) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by GoGetter in its sole discretion;
To conduct or forward surveys, contests, pyramid schemes, or chain letters;
To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as may be permitted under Section 3 for Client’s Agent).

While using the GoGetter Platform, you may not:

Use the GoGetter Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Service in violation of local, state, provincial, national, or international law;
Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
Post the same Service repeatedly (“spamming”);
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the GoGetter Platform;
Restrict or inhibit any other User from using and enjoying the Public Areas;
Imply or state that any statements you make (whether on or off the GoGetter Platform) are endorsed by GoGetter, without the prior written consent of GoGetter;
Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the GoGetter Platform, or the electronic addresses or personal information of others, in any manner;
Frame or utilize framing techniques to enclose the GoGetter Platform or any portion thereof;
Hack or interfere with the GoGetter Platform, its servers or any connected networks;
Adapt, alter, license, sublicense or translate the GoGetter Platform for your own personal or commercial use;
Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by GoGetter and Affiliates;
Upload content to the GoGetter Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the GoGetter Platform as set forth herein;
Collect usernames, email addresses, or other personal information of Users by electronic or other means;
Use the GoGetter Platform or the Service in violation of this Agreement;
Use the GoGetter Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining GoGetter’s trade secret information for public disclosure or other purposes;
Attempt to circumvent the payments system or service charge in any way including, but not limited to, making or processing payments outside of the GoGetter Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
Cause any third party to engage in the restricted activities above; or
Use tools with the goal of masking your IP address (like the TOR network).

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. GoGetter will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

7. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the GoGetter Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with GoGetter’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

8. Deactivation and Suspension

GoGetter may suspend your right to use the GoGetter Platform pending its investigation of a potential breach by you of this Agreement. GoGetter may deactivate your account or limit your use of the GoGetter Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). GoGetter will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. If you wish to appeal this determination, please contact https://gogetter.app/contact/ within 14 days of receipt of such notice with the grounds for your appeal.

If GoGetter suspends or deactivates your account or limits your use of the GoGetter Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the GoGetter Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. GoGetter reserves the right to take appropriate legal action pursuant to the Agreement.

GoGetter reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the GoGetter Platform at its sole discretion. GoGetter will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, GoGetter shall not be liable to you for any modification or discontinuance of all or any portion of the GoGetter Platform. GoGetter has the right to restrict anyone from completing registration as a Provider if such person may threaten the safety and integrity of the GoGetter Platform, or if such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the GoGetter Platform and deactivating your account.

9. Account, Password, Security, and Telephone Communications

You must register with GoGetter and create an account to use the GoGetter Platform. You are responsible for maintaining the confidentiality of any sign-in, password, and account number provided by you or given to you by GoGetter for accessing the GoGetter Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. GoGetter has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify GoGetter immediately.

You acknowledge that telephone calls to or from GoGetter, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

You verify that any contact information provided to GoGetter, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify GoGetter before the change goes into effect by visiting https://gogetter.app/contact/ If the change regards ownership of your telephone numbers, you may notify GoGetter by texting STOP to any text message sent to the retiring phone number.

10. User Generated Content

“User Generated Content” is defined as any information and materials you provide to GoGetter, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the GoGetter Platform and participation in GoGetter promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that GoGetter is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that GoGetter has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

You hereby represent and warrant to GoGetter that your User Generated 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 state 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, anti-spam or privacy); (e) will not be defamatory, libellous, 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 GoGetter or otherwise purport to act as a representative or agent of GoGetter; and (i) will not create liability for GoGetter or cause GoGetter to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

The GoGetter Platform hosts User Generated Content relating to reviews and ratings of specific Providers (“Feedback”). Feedback is such User’s opinion and not the opinion of GoGetter, and has not been verified or approved by GoGetter. You agree that GoGetter is not responsible or liable for any Feedback or other User Generated Content. GoGetter encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted . GoGetter is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement or the GoGetter Ratings and Reviews Policy by contacting the Support team at https://gogetter.app/contact/. Each Client should undertake their own research prior to booking to be satisfied that a specific Provider has the right qualifications for a Service.

GoGetter respects the personal and other rights of others, and expects Users to do the same. GoGetter is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the GoGetter Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify GoGetter. This can be done directly from the GoGetter app. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify GoGetter immediately. Such notification can be made directly in the GoGetter app or to GoGetter, Inc., at https://gogetter.app/contact/.

11. Links to Third-Party Websites

The GoGetter Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by GoGetter or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the GoGetter Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. GoGetter 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 GoGetter 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 GoGetter 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 GoGetter Platform at its sole discretion.

The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. GoGetter 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 GoGetter Platform. You hereby agree to hold GoGetter harmless from any liability that may result from the use of links that may appear on the GoGetter Platform.

12. GoGetter Operates as an Online Marketplace

GoGetter operates as an online marketplace that connects Clients with service providers (Providers) who wish to perform a variety of Services. GoGetter does not perform Services and does not employ people to perform Services. Providers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the GoGetter Platform. GoGetter does not control or direct the Providers’ performance of their services or set their work locations, work hours, or terms of work. Providers provide services under their own name or business name, and not under GoGetter’s name. Providers provide their own tools and supplies to perform their services; GoGetter does not provide the tools or supplies. Providers are free to maintain a clientele without any restrictions from GoGetter and are free to offer and provide their services elsewhere, including through competing platforms. Providers are free to accept or reject Clients and contracts. Providers are not penalized for rejecting Clients or contracts, though if Providers accept a Client or contract through the GoGetter Platform, they are expected to fulfill their contractual obligations to their client. Providers set their own rates for services performed in the GoGetter general marketplace, without deduction by GoGetter.

The GoGetter Platform is not an employment agency service or business and GoGetter is not an employer of any User. Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgement, there is a chance for individual profit or loss.

13. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including GoGetter designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the GoGetter Platform is owned by GoGetter, excluding User Generated Content, which Users hereby grant GoGetter a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. GoGetter owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the GoGetter Platform without GoGetter’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

The service marks and trademarks of GoGetter, including without limitation GoGetter, and associated logos, are service marks owned by GoGetter. Any other trademarks, service marks, logos and/or trade names appearing via the GoGetter Platform are the property of their respective owners. GoGetter’s proprietary marks and logos are not available for use by Providers. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

14. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of GoGetter and agree that you will not, for the lifetime of your account on GoGetter plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the GoGetter Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify GoGetter in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to GoGetter promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of GoGetter’s trade secrets, confidential and proprietary information, and all other information and data of GoGetter that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to GoGetter or GoGetter’s business, operations or properties, including information about GoGetter’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

15. Disclaimer of Warranties

A. Use Of The GoGetter Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE GOGETTER PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. GOGETTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE GOGETTER PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE GOGETTER PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GOGETTER PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

GoGetter does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the GoGetter Platform or any hyperlinked website or featured in any banner or other advertising, and GoGetter will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, GoGetter and Affiliates do not warrant that access to the GoGetter Platform will be uninterrupted or that the GoGetter Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the GoGetter Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service, service, information or materials provided through or in connection with the use of the GoGetter Platform. GoGetter and Affiliates are not responsible for the conduct, whether online or offline, of any User. GoGetter and Affiliates do not warrant that the GoGetter Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. GoGetter and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature or service that a Client may use to expedite Provider selection, each Client is responsible for determining the Service and selecting or otherwise approving their Provider and GoGetter does not warrant any goods or services purchased by a Client and does not recommend any particular Provider. GoGetter does not provide any warranties or guarantees regarding any Provider’s ability, professional accreditation, registration or licensure.

B. No Liability

You acknowledge and agree that GoGetter is only willing to provide the GoGetter Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold GoGetter and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the GoGetter Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by GoGetter and Affiliates, and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL GOGETTER AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE GOGETTER AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY GOGETTER, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE GOGETTER PLATFORM OR THE Service SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

GOGETTER AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS GOGETTER PLATFORM. GOGETTER AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE GOGETTER PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GOGETTER 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 GOGETTER (IF YOU ARE A CLIENT) OR TOTAL SERVICE PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A PROVIDER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

16. Indemnification

You hereby agree to indemnify, defend, and hold harmless GoGetter and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the GoGetter Platform; (ii) your participation in Services, or your ability or inability to perform or obtain the performance of Services or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 26; (vi) any content submitted by you or using your account to the GoGetter Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. GoGetter reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of GoGetter.

17. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the GoGetter Platform, your relationship with GoGetter, Services, or this Agreement (including previous versions), (“Dispute”), you and GoGetter agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement (such as mediation or arbitration) or court proceeding (except as may be set forth in Section 26). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to GoGetter. GoGetter’s address for such notice is:

Attention: Legal GoGetter, Inc., 39270 Paseo Padre Pky #457, Fremont, CA 94538

PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW. IF YOU ARE A USER IN THE U.S. OR CANADA, IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE U.S. AND CANADA JURISDICTION-SPECIFIC SECTIONS FOR MORE DETAILS).

18. App Store-Sourced Apps

The following applies to any App accessed through or downloaded from the Apple App Store (an “App Store-Sourced Application”):

You acknowledge and agree that (i) the Agreement is entered into between you and GoGetter only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) GoGetter, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.

In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between GoGetter and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GoGetter, subject at all times to warranty limitations and exclusions set forth in this Agreement.

You and GoGetter acknowledge that, as between GoGetter and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and GoGetter acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between GoGetter and Apple, GoGetter (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.

You and GoGetter acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

19. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

20. General Provisions

Failure by GoGetter to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and GoGetter with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 26A. However, this Agreement does not supersede other agreements about other subject matter that you may have with GoGetter. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents in Section 26A below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) GoGetter shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace GoGetter for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 20 shall be null and void. This Agreement will inure to the benefit of GoGetter, its successors and assigns. All parts of this Agreement which, by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the GoGetter Platform.

21. Licensing

Providers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Services. Indeed, certain types of Services and services may be prohibited altogether, and it is the responsibility of Providers to avoid such prohibited Services and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Services and services on the GoGetter Platform, you should first seek appropriate legal guidance.

Because GoGetter does not supervise, scope, direct, control, or monitor a Provider’s work or performance of Services, Clients must determine for themselves whether a Provider has the skills and qualifications necessary to perform the specific Service at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Services are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Provider any specific hazards, obstacles, or impediments in the Service location (both visible and concealed) that may impact the performance of the Service.

22. Changes to this Agreement and the GoGetter Platform

GoGetter reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the GoGetter Platform or any content or information through the GoGetter Platform at any time, effective with or without prior notice and without any liability to GoGetter. GoGetter may also impose limits on certain features or restrict your access to part or all of the GoGetter Platform without notice or liability.

GoGetter will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the GoGetter Platform. Your continued use of the GoGetter Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

23. No Rights of Third Parties

The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.

24. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Service or about the GoGetter Platform, please contact us by email at https://www.gogetter.app/contact/.

25. Consent to Electronic Signatures

By using the GoGetter Platform, you agree to transact electronically through the GoGetter 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.

26. Jurisdiction-specific Provisions, including Dispute Resolution

To the extent that there are any discrepancies or inconsistencies between these general Terms of Service and the following jurisdiction-specific provisions, the jurisdiction-specific provisions shall prevail, govern and control for Users in those jurisdictions.

Dispute Resolution – Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND GOGETTER CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND GOGETTER TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

(a) Agreement to Binding Arbitration

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND GOGETTER MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of this Agreement and your relationship with GoGetter.

To the fullest extent permitted by applicable law, you and GoGetter agree to arbitrate any and all disputes and claims (“collectively, “Claim” or “Claims”) relating to, arising from or regarding your use of the GoGetter Platform, your relationship with GoGetter, Services, or this Agreement (including previous versions), including Claims by GoGetter, Claims against GoGetter and Claims against GoGetter’s Affiliates (including its parent company).

To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by GoGetter; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by GoGetter and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.

If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and GoGetter agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND GOGETTER ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

(b) Prohibition of Class Actions and Non-Individualized Relief

Except as otherwise required under applicable law, you and GoGetter agree that any arbitration will be limited to the Claim between GoGetter (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GOGETTER ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and GoGetter otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.

(c) Representative PAGA Waiver

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and GoGetter agree not to bring a representative action on behalf of others under the California Private Attorneys General Act (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and GoGetter agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”).

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules and Logistics Governing Arbitration

In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and GoGetter agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

(i) If GoGetter initiates arbitration under this Arbitration Agreement, GoGetter will pay all AAA filing and arbitration fees.

(ii) If a Client or Provider files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, GoGetter will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

(iii) If a Client or Provider files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, GoGetter shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Provider shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which the Service was performed, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), however, then the allocation of fees will be governed by the applicable AAA Rules.

(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

Unless you and GoGetter agree otherwise, any arbitration hearings with a Provider will take place in the county of the Provider’s billing address, and any arbitration hearings with a Client will take place in the county in which the Client received Service services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

(e) Exceptions to Arbitration

The Arbitration Agreement shall not require arbitration of the following types of claims:

Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
Representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 19(d) is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and
Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.

(f) Severability

In addition to the severability provisions in subsections (b) and (c), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(g) Opt Out of Arbitration Agreement

For Providers, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in GoGetter’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with GoGetter.

Except as specified in this arbitration agreement, if you are a Provider, you may opt out of the Arbitration Agreement by notifying GoGetter in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to GoGetter, Inc. 39270 Paseo Padre Pky #457, Fremont, CA 94539, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.

II. Telephone Communications and Agreement to be Contacted

(a) Your Consent to Receive Automated Calls/Texts.

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from GoGetter and Affiliates, or from independent contractors (including Providers) related to promotions, your account, registration, onboarding, upcoming or scheduled Services, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with GoGetter, and/or your relationship with GoGetter. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that GoGetter may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from GoGetter and Affiliates, or from independent contractors (including Providers) even if you cancel your account or terminate your relationship with GoGetter, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out Instructions below.

(b) Opt-Out Instructions.

Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or go to https://www.gogetter.app/contact/ and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must provide GoGetter with written notice to https://www.gogetter.app/contact/ revoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. It is your sole responsibility to notify GoGetter if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

(c) Fees and Charges.

There is no fee to receive automated telephone calls or text messages from GoGetter, our agents, affiliates, and independent contractors (including Providers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that GoGetter and its agents, affiliates, and independent contractors (including Providers) are not responsible for such charges.

(d) Unauthorized Use of Your Telephone Device.

You must notify GoGetter immediately of any breach of security or unauthorized use of your telephone device. Although GoGetter and Affiliates, and independent contractors (including Providers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

(e) Your Indemnification to GoGetter.

You agree to indemnify GoGetter and Affiliates, and independent contractors (including Providers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify GoGetter of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold GoGetter and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). GoGetter shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

(f) General.

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section 26A will survive termination of these Terms of Service.

III. Worker Classification and Withholdings

GoGetter does not employ Providers. GoGetter is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the GoGetter Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

IV. Media and User Generated Content

To the extent permitted by law, you hereby grant GoGetter a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to GoGetter (collectively, “Media”) in exchange for use of the GoGetter Platform, in any media now known or not currently known in order to market, operate, and improve upon the GoGetter Platform, including but not limited to the right to the following:

Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to GoGetter or that GoGetter takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the GoGetter Platform or any GoGetter promotional campaigns;
Use, and permit to be used, such User’s User Generated Content, Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the GoGetter Platform in any media, in any format and through any distribution channels; and
Use, and permit to be used, such User’s name and identity in connection with the GoGetter Platform or any GoGetter promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the Service is performed). 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 GoGetter shall not owe any financial or other remuneration for using the User Generated Content, Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases GoGetter 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, User Generated Content, Physical Likeness, Media, or Voice in connection with the GoGetter Platform.

V. Background Checks

If a Provider, you agree to promptly disclose to GoGetter in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the GoGetter Platform.

VI. Gift Cards

You agree that you will comply with all Gift Card terms and conditions.

VII. Sales Tax Collection and Remittance

In jurisdictions where GoGetter facilitates the collection and/or remittance of sales tax on behalf of Providers, you instruct and authorize GoGetter to collect taxes on your behalf, and/or to remit such Taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law. You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.

VIII. Release

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Further, in consideration of the services provided by GoGetter, you hereby release GoGetter from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

GoGetter and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

IX. Governing Law

Except as expressly provided otherwise, this Agreement and your use of the GoGetter Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.

29. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE GOGETTER PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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