getme Terms of Service (EULA)

Last Updated December 23, 2016

This following user agreement describes the terms and conditions on which getme offers you access to the getme Application and/or Platform.

These terms of service constitute a legally binding agreement (the "Agreement") between you ("you," or "your") and getme ("getme," "we," "us" or "our"). getme, is under exclusive license from Get It Delivery Technologies, a Delaware corporation, governing your use of the getme application, website, and technology platform (collectively, the "getme Application").

The getme Application provides an available map where consumers who seek transportation to certain destinations or require the delivery of products ("Members") can be matched with persons driving to, near to or through those destinations ("Go-Getter"). Go-Getters and Members are collectively referred to herein as "End User" and each End User shall create an account that enables such End User to access the getme Application. For purposes of this End User License Agreement (EULA), the various driving services provided by Go-Getters to Members that are selected through the getme Application shall be referred to collectively as the "getme Service" or "getme Platform".

getme is neither a transportation service, nor is it a transportation carrier. It is up to the Go-Getter to decide whether or not to accept either a delivery or a ride to a Member contacted through the getme Application, and it is up to the Member to decide whether or not to accept a ride, or agree a delivery from any Go-Getter contacted through the getme Application. Any decision by an End User to offer or accept getme Services once such End User is matched through the getme Application is a decision made in such End User's sole discretion. Each delivery or transportation Service provided by a Go-Getter to a Member shall constitute a separate agreement between such persons.

By creating your account and using the getme Application, you expressly acknowledge that you understand this EULAand accept all of its terms. If you do not agree to be bound by the terms and conditions of this EULA, you may not use or access the getme Application or the getme Services.

Changes to the Terms of Service / EULA

We reserve the right to modify the terms and conditions of this EULA at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the "Last Updated" date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the getme Application or getme Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the getme Application or getme Services.

Application Requirements

The getme Application is available only to, and may only be used by persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the getme Application is not available to children (persons under the age of 18) or End Users who have had their End User account temporarily or permanently deactivated. By becoming an End User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this EULA.

Fees, Payments & Charges

As a Member, you agree that any amounts charged following a ride or delivery (a "Charge") are mandatory and due and payable immediately upon completion of the ride or delivery of goods. Charges include Ride Fees, Delivery Fees, Go-Getter Fees and other applicable fees, tolls, surcharges, and taxes as set forth on your City charges, plus any tips to the Go-Getter that you elect to pay. getme has the authority and reserves the right to determine and modify pricing by posting applicable Charges to your Cities / State / Country's ordinance. You are responsible for reviewing the applicable City / Ordinance charges and are responsible for all Charges incurred under your End User account regardless of your awareness of such Charges or the amounts thereof. In all Cities, Ride Charges are subject to maximum limits and in no event shall they exceed $500, Delivery Charges vary depending on the Cost of Goods and at the applicable Go-Getter percentage fee.

  • Ride Fees: Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride, and other factors. For particularly short rides, minimum Ride Fees do apply. Ride Fees may be estimated in advance if an end destination is entered in the getme Application. Ride Fees are subject to a higher multiplier at night and other times such as special events, the specifics of the ("Nighttime Fee") can be found on our website.
  • Delivery Fees: Delivery Fees consist of a Distance Based pricing structure ("Zones") that are based on the distance from the delivery location to the location of the item(s) you have requested and other factors. getme may change the Zone pricing at its own discretion, these will be reflected on our website here.
  • Safety & Security Fee: getme value the safety and security of both its Members and Go-Getters, and as such a "Safety & Security Fee" is applied to each transaction to offset expenses related to promoting Safety and Security within the getme Application and other methods. Such expenses are dynamic and may or may not exceed Safety & Security Fee collections. Any excess Safety & Security Fee collections, if any, will be deemed general revenue.
  • City and State Fee: Some Cities / States have requested that getme pay an ordinance fee in order for us to operate within certain areas. In order to cover these specific fees imposed by States/ Cities, there may be a "City & State" Fee applied to each transaction to offset expenses related to payment of odinanace fees. Such expenses are dynamic and may or may not exceed State/City Fee collections. Any excess State/City Fee collections, if any, will be deemed general revenue.
  • Cancellation Fee: In the event that you cancel a Ride request or cancel a Delivery request on the getme Application more than 7 minutes after such request is made, or the Go-Getter has arrived at the Delivery pick up location, or your Ride pick up location, whichever one is sooner, or make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you agree to pay a "Cancellation Fee". We may also assess a Cancellation Fee if we suspect that you have intentionally cancelled rides or Deliveries to disrupt the getme Application or the provision of Services.
  • Damages Fee: If a Go-Getter reports that you have materially damaged their vehicle, you agree to pay a "Damages Fee" of up to $500 depending on the extent of the damage (as determined by getme in its sole discretion), towards vehicle repair or cleaning. getme reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damages Fee.
  • Other Charges. Other fees, tolls, and surcharges may apply to your ride or delivery, including, but not limited to: actual or anticipated airport access fees, state or local fees, tolls (and return tolls in select instances). In addition, where required by law, getme will collect all applicable taxes. Any tips will be provided 100% to the applicable Go-Getter.
  • Facilitation of Payments. All Charges are facilitated through a third-party payment processing service. getme may replace its third-party payment processing services without notice to you. Charges shall only be made through the getme Application. Any / All Cash payments are prohibited and discouraged from our service.
  • No Refunds. Charges are assessed immediately following completion of the ride or delivery to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the getme Application, any disruption to the getme Application or getme Services, or any other reason whatsoever.
  • Faulty Delivery Goods. getme is not responsible for the condition of any goods purchased from a third party which you instructed us to collect on your behalf. Any matters relating to these goods are between you and the merchant where the goods were purchased. getme accepts no liability or responsibility of the goods purchased on your behalf.
  • Promotions. getme, at its sole discretion, may make available promotions with different features to any of our Members or prospective Members. These promotions, unless made to you, shall have no bearing whatsoever on your EULA or relationship with getme. Any promotional coupon or code that is used is applied at the discretion of getme, and you agree that while getme will reduce your delivery or ride charge based on the monetary amount and / or discount value, all applicable 'Other Charges' will still apply and will be due to getme upon completion of the transaction.
  • Credit Card Authorization. Upon addition of a new payment method or each ride request or delivery request, getme may seek authorization of your selected payment method to verify your payment method, ensure the ride or delivery cost will be covered, and protect against any unauthorized behavior. The authorization, or "hold" is not a charge, however, it may reduce your available credit by the authorization amount until your bank's next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of Non-Sufficient Funds (NSF) charges by the bank issuing your debit or check card. We are not responsible for these charges, and are unable to assist you in recovering them from your issuing bank.
    • What is a pre-authorization hold? When you first start using getme or add a new credit card, you may see an authorization hold of $1 on your card statement / bank account.
    • When is the authorization hold released? getme will release the funds back into your account once your payment method is authorized.
  • PrePay / Gift cards. Unfortunately, getme no longer supports or accepts any payment via Prepay or Gift Cards (all brands)
  • As a Go-Getter, you will receive applicable Ride & Delivery Fees (net of getme's Administrative Fee, as outlined below) and any tips provided by Members to you for the Services you provide. getme will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize getme to set the prices on your behalf for all Charges that apply to the provision of getme Services. getme reserves the right to withhold all or a portion of Ride and or Delivery Fees if it believes that you have attempted to defraud or abuse getme, misuse or fraudulently use getme's PEX card issued to you to purchase goods on behalf of the Member or getme's payment systems.

In exchange for permitting you to offer your Services through the getme Application and marketplace as a Go-Getter, you agree to pay getme (and permit getme to retain) a fee of up to 20% (the "Administrative Fee") of the Ride Fees, Go-Getter Fees & Delivery Zone paid by Members for such Services. In certain jurisdictions, cities or ordinances you agree to pay getme an Administrative Fee of up to 25% of Ride Fees to cover additional operating costs. The amount of the applicable Administrative Fee will be communicated to you in writing but is subject to change on a prospective basis at getme's discretion. You understand and agree that the Safety & Security Fee, airport fees, processing fees for any additional payments, or any taxes or state or local fees imposed on and collected by getme shall be retained solely by getme.

getme, at its sole discretion, may make available promotions with different features to any Go-Getter's or prospective Go-Getters. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with getme.

Current Fare & Fee structure charges for our Rideshare [somewhere] service of our App. getme has the right to change, modify, adapt or remove types without prior notice, and any updates will be shown here, and communicated to you via email / text message or app notification.

Day Rate Schedule (5:00am - 10:59pm)
Vehicle Type Base Rate Per Mile Per Minute
Car $2.00 $1.10 $0.23
SUV $2.00 $2.50 $0.35

Night Rate Schedule (11:00pm - 4:59am)
Vehicle Type Base Rate Per Mile Per Minute
Car $3.00 $2.25 $0.30
SUV $3.00 $3.50 $0.52

Your Information

Your Information is any information you provide, publish or post to or through the getme Platform (including any profile information you provide) or send to other Users (including via in-application feedback, text, any email feature, or through any getme-related Facebook, Twitter or other social media posting) (your "Information"). You consent to us using your Information to create a User account that will allow you to use the getme Platform and participate in the Services. Our collection and use of personal information in connection with the getme Platform and Services is as provided in getme's Privacy Policy located at getme.com/privacy.html.

You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.

You warrant and represent to us that you are the sole author of your Information. To enable the getme Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. getme does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You are the sole Authorized User of your account. You are responsible for maintaining the confidentiality of any password provided by you or getme for accessing the getme Platform. You are solely and fully responsible for all activities that occur under your User account, and getme expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

getme Communications

By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cell number you provide to us. By consenting to being contacted by getme, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or other methods and systems, which will deliver prerecorded messages sent by or on behalf of getme, its affiliated companies and/or Go Getters, including but not limited to: operational communications concerning your User account or use of the getme Platform or Services, updates concerning new and existing features on the getme Platform, communications concerning promotions run by us or our third party partners, and news concerning getme. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS THAT ARE PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the getme Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the getme Platform or the Services.

Restricted Activities

With respect to your use of the getme Platform and your participation in the Services, you agree that you will not:

  1. impersonate any person or entity;
  2. stalk, threaten, or otherwise harass any person, or carry any weapons;
  3. violate any law, statute, ordinance or regulation;
  4. interfere with or disrupt the Services or the getme Platform or the servers or networks connected to the getme Platform;
  5. post Information or interact on the getme Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  6. use the getme Platform in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the getme Platform;
  9. "frame" or "mirror" any part of the getme Platform, without our prior written authorization or use meta tags, ad words, or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the getme Platform or any software used on or for the getme Platform;
  11. rent, lease, lend, sell, redistribute, license or sublicense the getme Platform or access to any portion of the getme Platform or any poertion of the getme Platform or Application;
  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the getme Platform or its contents;
  13. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
  14. link directly or indirectly to any other web sites;
  15. transfer or sell your User account, password and/or identification to any other party; or
  16. cause any third party to engage in any restricted activity above.

We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these procedures.

Restricted Items

Alcohol, Liquor and Tobacco Products

getme has partnered with a number of companies to extend and enhance the customer experience. With the sale and delivery of alcohol, tobacco and liquor products these products may only be requested and delivered by our designated partners, and equally within the constraints of the customer’s delivery location where restrictions may apply.

Currently our ondemand partner network (opn) delivering alcohol, liquor and tobacco products are:

  • LASH (Austin, Dallas & Houston)

For getme drivers and customer requests of these items not through our current ondemand partner network, the following restrictions apply:

  • Customer sends a request for alcohol or tobacco products only
    • Driver should not accept the job request; the job will time out.
    • Driver Ambassador will accept the job and call customer and inform them that getme cannot currently deliver alcohol at this time and give them alternatives for their order.
    • City Manager will accept the job and call customer and inform them that getme cannot currently deliver alcohol at this time and give them alternatives for their order.
  • Customer sends a request with other items that include alcohol and tobacco products
    • Driver can accept the job, but must communicate to customer that they can fulfil their order, minus the alcohol and tobacco products.
  • Customer has already paid for alcohol & tobacco products from a licensed retailer and wants getme to collect it.
    • Driver should not accept the job request; the job will time out.
    • Driver Ambassador will accept the job and call customer and inform them that getme cannot currently deliver alcohol at this time and give them alternatives for their order.
    • City Manager will accept the job and call customer and inform them that getme cannot currently deliver alcohol at this time and give them alternatives for their order.

Zero-Tolerance Drug & Alcohol Policy

getme has a zero-tolerance drug and alcohol policy for drivers. Neither open containers of alcohol nor illegal substances are permitted in a driver's vehicle at any time. If a passenger/member believes their driver is in violation of this policy, the passenger/member is instructed to request an immediate end to the ride. Riders are then instructed to report the violation to support@getme.com.

Upon receipt of a customer's complaint of a violation of the zero-tolerance policy, getme will immediately suspend the driver from the platform pending an investigation into the incident. If the driver is found to be in violation of getme's zero-tolerance policy, they will be permanently removed from the platform.

Driver Representations and Warranties

By providing Services as a Go-Getter on the getme Platform, you represent, warrant, and agree that:

  • You possess a valid driver's license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Members in all jurisdictions in which you provide Services.
  • You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
  • You agree that you are an independent contractor and not an employee of getme.
  • You agree that is your responsibility to maintain your vehicle at your own expense, including insurance, gas, and maintenance.
  • You are permitted to take any route in order to complete a job, and any map routes or offered by the getme application are only suggestions.
  • You are not required to wear any getme uniform or put any getme logo on your vehicle while on the getme application.
  • You are compensated per job, and not on an hourly or salary basis.
  • You are permitted to determine your own work schedule, and accept any job offered on the platform at your own discretion.
  • You will only provide Services using the vehicle that has been accepted by getme and for which a photograph has been taken / provided to getme, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
  • You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide getme Services.
  • You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of getme Services, including, but not limited to personal injuries, death and property damages (however, this provision shall not limit the scope of getme's insurance policies referenced on getme.com/insurance).
  • In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to getme and your insurer in a timely manner, and for all necessary contacts with your insurance carrier. All communication should be sent to gogetter@getme.com.
  • You will comply with all applicable laws, rules and regulations while providing getme Services, and you will be solely responsible for any violations of such provisions.
  • You will pay all applicable federal, state and local taxes based on your provision of getme Services and any payments received by you.
  • You may be required to pay Toll Charges during a Ride or Delivery, if this is part of your service, getme, at its discretion, will reimburse you back on a rolling 4 week basis.
  • You will not make any misrepresentation regarding getme, the getme Platform, the Services or your status as a Go-Getter or, while providing the getme Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this EULA.
  • You will not attempt to defraud getme in connection with your provision of getme Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Go-Getter Fees or other payments for the ride(s) or Delivery(s) in question.
  • You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service animals.
  • You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
  • PEX Card Use
  • Go-Getters agree to only use the getme provided PEX card for purchases assigned by getme. Any unauthorized use will be considered theft and/or fraud. If the Go-Getter uses the PEX card for any reason other than getme job related duties, the driver will be suspended and may be subject to penalties and criminal prosecution.
  • If the assigned PEX card is lost or stolen, the Go-Getter will report the loss to getme immediately. requirements, for reporting the accident to getme and your insurer in a timely manner, and for all necessary contacts with your insurance carrier. All communication should be sent to gogetter@getme.com

Driver Requirements with the State of Texas (Austin, Dallas, Houston) for Rideshare only: **please note that not all requirements below pertain to each or all Cities**

  • A Go-Getter driver shall not, under any circumstances, be on call for more than 16 cumulative hours within a period of 24 consecutive hours.
  • A Go-Getter driver shall not, under any circumstances, provide transportation services for more than 12 cumulative hours within a period of 24 consecutive hours.
  • getme's Drivers Network, shall not knowingly require or authorize any driver affiliated with the company to violate section a) & b) as detailed above.
  • Except for a voluntary gratuity offered by and accepted from a passenger via the getme App, a driver shall not accept any form of compensation for transportation services from any person except getme L.L.C.
  • While providing transportation services, a Go-Getter driver, except as authorized by getme L.L.C. or the Authority, shall not allow any other person within his or her motor vehicle unless that person is a passenger who is being transported for a fare or the guest of such a passenger.
  • While on call, a Go-Getter driver shall not exceed the lawful capacity of his or her motor vehicle or transport more passengers than the number of safety belts in the vehicle. Regardless of the lawful capacity of a motor vehicle or the number of safety belts in a vehicle, a Go-Getter driver shall not allow more than eight occupants, including the driver, in his or her motor vehicle at any one time while providing transportation services.
  • Go-Getter drivers are prohibited to wait in any designated taxi lines.
  • Go-Getter drivers are prohibited from accepting any cash for rides, the App must be used in all ride situations.
  • Go-Getter drivers are prohibited from giving any fare estimates to passengers/members. Request that the passenger member use the App for and see the "Estimate Fare" to determine the approximate fare range for their journey.
  • The Go-Getter Identification badge worn as to identify themselves as the driver of the vehicle and associated job.
  • Where provided getme decal for the motor vehicle must be affixed to the vehicle in a visible location on the windshield each and everytime a getme job has been accepted by the Go-Getter driver (placement option below)

 

getme / Get It / Get Data / whatsyoursos & [Something or Somewhere] Proprietary Rights and Trademark License

All intellectual property rights in the getme Platform shall be owned by us absolutely and in their entirety. These rights include, and are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the getme Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions") provided by you to us are non-confidential and shall become the sole property of getme. getme shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

getme, the getme / Get It & Get Data arrow and all other getme / Get It / Get Data / Something or Somewhere logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of getme in the United States and/or other countries (collectively, the "getme trademarks"). If you provide Services as a Go-Getter, getme grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this EULA, a limited, revocable, non-exclusive license to display and use the getme trademarks solely in connection with providing the Services through the getme Platform ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without getme's prior written permission, which it may withhold in its sole discretion. The getme trademarks may not be used in any manner that is likely to cause confusion.

You acknowledge that getme is the owner and licensor of the getme trademarks, and that your use of the getme trademarks will confer no additional interest in or ownership of the getme trademarks in you but rather inures to the benefit of getme. You agree to use the getme trademarks strictly in accordance with getme's Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that getme determines to nonconforming or otherwise unacceptable.

Violation of any provision of this License may result in immediate termination of the License, in getme's sole discretion. If you create any materials bearing the getme / Get It / Get Data / Something or Somewhere Trademarks (in violation of this Agreement or otherwise), you agree that upon their creation getme exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the getme Trademarks or derivative works based on the getme Trademarks. You further agree to assign any interest or right you may have in such materials to getme, and to provide information and execute any documents as reasonably requested by getme to enable getme to formalize such assignment.

Disclaimers

The following disclaimers are made on behalf of getme, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.

The getme Platform is provided on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the getme Platform and/or the Services, including the ability to provide or receive Services at any given location or time.

We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

We do not warrant that your use of the getme Platform or getme Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the getme Platform will be corrected, or that the getme Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the getme Platform or Services.

We have no control over the quality or safety of the transportation that occurs as a result of the getme Services. We cannot ensure that a Go-Getter will complete an arranged transportation service.

We cannot guarantee that each End User is who he or she claims to be. Please you're your common sense and be reasonable when using the getme Platform and getme Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the getme Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Go-Getter prior to engaging in an arranged getme service.

getme is not responsible for the conduct, whether online or offline, of any End User of the getme Platform or getme Services. You are solely responsible for your interactions with other End Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Go-Getter Drivers. By using the getme Platform and participating in the getme Services, you agree to accept such risks and agree that getme is not responsible for the acts or omissions of End Users on the getme Platform or participating in the getme Services.

It is possible for others to obtain information about you that you provide, publish or post to or through the getme Platform (including any profile information you provide), send to other End Users, or share during the getme Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other End Users on the getme Platform or through the getme Services. Please ensure that the type of information that you post on the getme Platform or through the getme Services is at your own submission. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or "hackers").

Location data provided by the getme Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither getme, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the getme Platform. Any of your Information, including geolocation data, you upload, provide, or post on the getme Platform may be accessible to getme and certain End Users of the getme Platform.

Optimal Route: While we make every effort to show the exact route taken by our drivers, sometimes due to conditions outside of our control we may need to report the 'optimal route' back to our driver and members that Google Maps will show the driver to take. While there is very little difference between the exact route taken & the Google 'optimal route' we are making you aware that the final route taken may look slightly different as shown in the final Member receipt. In these edge cases getme will show and report the 'optimal route' that the driver would be shown via their default Mapping application. If there are any concerns with this please contact us at support@getme.com.

Indemnification

You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the getme Platform and participation in the Services, including:

  1. your breach of this Agreement or the documents it incorporates by reference;
  2. your violation of any law or the rights of a third party, including, without limitation, Go Getters, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
  3. any allegation that any materials that you submit to us or transmit through the getme Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
  4. your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Go Getter; and/or
  5. any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE getme PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE getme PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE, OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF getme'S INSURANCE POLICIES REFERENCED AT WWW.getme.COM/SAFETY). WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE getme PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Release Statement

In the event that you have a dispute with one or more End Users, you agree to release getme (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other End Users or to your use of the getme Platform or participation in the getme Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Term and Termination

This Agreement is effective upon your creation of a User account, as amended by any modifications made by getme as outlined at the start of this EULA. You may discontinue your use of the getme Platform or participation in the getme Services at any time, for any reason. We may suspend or deactivate your User account (either as a Go-Getter and/or Member), or revoke your permission to access the getme Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the getme Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6-11 and 13-21 shall survive any termination or expiration of this Agreement.

Agreement to Arbitrate All Disputes and Legal Claims

You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the getme Platform and/or the getme Services, or the interpretation, enforceability, revocability, or validity of the Agreement), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (information can be found here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND getme ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to getme's business, operations and properties, including End User information ("Confidential Information") disclosed to you by getme for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of getme in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to getme with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by getme or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of getme; becomes known to you, without restriction, from a source other than getme without breach of this Agreement by you and otherwise not in violation of getme's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to getme to enable getme to seek a protective order or otherwise prevent or restrict such disclosure.

Independent Contractor Agreement

You and getme are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Mail getme Directly (Complaints or Issues)

Except as explicitly stated otherwise, any notices to getme shall be given by certified mail, postage prepaid and return receipt requested to:

Get It Delivery Technology, 7920 Beltline Rd, Dallas, TX 75254

Such notice shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the getme Platform or given to you via the email address you provide to getme during the registration process, and such notice shall be deemed given immediately upon sending.

To resolve a complaint regarding the getme Platform, you should first contact our Customer Service Department through our support email at support@getme.com

If you wish to file a complaint with the Nevada Transportation Authority, please visit: http://nta.nv.gov/Consumers/Consumers_Home/.

General Agreement / Texas

This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. You agree that this EULAand all incorporated agreements may be automatically assigned by getme, in our sole discretion in accordance with the "Notices" section of this EULA.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and getme with respect to the subject matter hereof.