Welcome to the getSayDo™ website ( http://getsaydo.com )(the “Site”). We provide online platforms that you may use to provide, request and view user feedback (the “Services”) on businesses (“Vendors”). The feedback is collected from a Vendor’s customers (or other designees) and then viewed in aggregate to free or paid users (“You”, “Your”, “User” and “Member”). The terms “we”, “us”, “our” and “getSayDo” refer to getSayDo, LLC, a State of Indiana limited liability company.
This Site is offered to you conditioned upon your acceptance without modification of any/all of the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Site in any manner, you agree to be bound by the Agreement, as may be modified from time to time. If you are using getSayDo on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Site. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of our website signifies your acceptance of the updated or modified Agreement.
To become a Member you will need to register your member profile (“Profile”) with getSayDo. Your Profile gives you access to additional services and functionality that we may establish and maintain from time to time and in our sole discretion. The Profile you create will become part of getSayDo and except for certain information described below, will be owned exclusively by getSayDo.
You agree to (i) provide getSayDo with accurate and complete information as prompted by the getSayDo registration forms, when registering for or using the Site and (ii) update and maintain the truthfulness, accuracy and completeness of such information.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into this Agreement. You may not access or use the Site if you are a competitor of ours, or if we have previously banned you from the Site or closed your Profile. getSayDo may terminate your Profile and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for violation of any term of this Agreement or for any other reason, at any time in its sole discretion, with or without notice.
You may never use another Member’s Profile without permission. You are solely responsible for the activity that occurs on your Profile, and you must keep your Profile password secure. You must notify getSayDo immediately of any breach of security or unauthorized use of your Profile. Although getSayDo will not be liable for your losses caused by any unauthorized use of your Profile, you shall be liable for the losses of getSayDo or others due to such unauthorized use. In no event may you allow a third party or any designee to utilize your Profile in violation of this Agreement (including but not limited to the Restrictions described below).
Provide your active work email address
By utilizing the Service, you agree to accurately disclose the domain portion of your email address (“@yourcorp.com”) and/or the company, school, organization or other entity name represented by such domain portion of your email address.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Communications from getSayDo
By providing getSayDo your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by clicking unsubscribe from any email message.
We retain all right, title and ownership interest in any and all User feedback (“User Feedback”) provided by Users on the site (with the exception of Verbatim User Feedback) and by uploading, downloading, sending, providing or otherwise making available any such User Feedback you expressly consent to our ownership of such information. Notwithstanding the foregoing, some areas of the Site may allow Users to post narrative feedback using non-numerical characters that may include ratings, reviews, comments, opinions, statements, data, and other verbatim information (“Verbatim User Feedback”). We do not claim ownership of any Verbatim User Feedback that You or other Users upload, download, send, provide, make available, or otherwise transfer (“post”) on the Site. However, to be able to legally provide our Users with our Services, we retain certain rights to use such Verbatim User Feedback in connection with the Services. Additional terms apply to User Feedback (which includes Verbatim User Feedback) as set forth below.
We are Not Liable for User Feedback
getSayDo takes no responsibility and assumes no liability for any User Feedback that you or any Users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Feedback that you post or access through your use of the Site is solely your responsibility. getSayDo is not responsible for any public display or misuse of User Feedback. You understand and acknowledge that you may be exposed to User Feedback that is inaccurate, offensive, indecent, or objectionable, and you agree that getSayDo shall not be liable for any damages you allege to incur as a result of such User Feedback.
You are Responsible for Your Feedback
You alone are responsible for your posted Feedback (“Your Feedback”) and, once posted by you, it cannot always be withdrawn. You assume all risks associated with posting and/or publishing Your Feedback, including anyone’s reliance on its quality, accuracy, reliability, or any disclosure by you of information in Your Feedback that makes you personally identifiable or personally liable. You represent that you own and/or have the necessary permissions to use and authorize the positing, publication and/or use of Your Feedback as described herein. You may not imply that Your Feedback is in any way sponsored or endorsed by getSayDo and we expressly disclaim any such sponsorship.
You are Liable for Your Feedback
You may expose yourself to liability if, for example, Your Feedback contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You Own Your Verbatim User Feedback
All Verbatim User Feedback is owned by the User who posted it to the Site (subject to licensure rights afforded to us), and you agree that we are only acting as a passive conduit for management, aggregation, distribution, and publication of Verbatim User Feedback.
You Grant Unrestricted Use of Your Feedback
By posting any of Your Verbatim User Feedback on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, transferrable, world-wide licensure (with the right to sublicense through unlimited levels of sublicenses) to use, copy, translate, publicly perform and display, remove, analyze, commercialize, create derivative works of, and distribute such Verbatim User Feedback in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to Your Verbatim User Feedback that you post through the Services and/or on the Site. You also irrevocably grant the Users and Members of the Site and any other media the right to access Your Verbatim User Feedback in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against getSayDo and its Users and Members, any claims and assertions of moral rights or attribution with respect to Your Verbatim User Feedback.
Your Feedback will be Aggregated When Viewed
You can pay for additional views of User Feedback (turning your account into a “Paid Membership”). We’ll automatically bill you from the date you become a Paid Member and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so.
You may cancel your getSayDo Paid Membership at any time but you won’t be issued any refund under any circumstances.
When you choose to downgrade Your Paid Membership, your current user seat level will remain in effect until the end of the most recent billing cycle. If you fail to pay for your Paid Membership on time, we reserve the right to suspend it.
We may change the Membership fees in effect but will give you advance notice of these changes via a message to the email address associated with your Profile.
Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. All such fees are your responsibility. getSayDo does not support all payment methods, currencies or locations for payment.
The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, if any, and excluding only Your Verbatim Feedback and your Personal Information), as well as the infrastructure used to provide such content and information, is all proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you expressly agree not to:
- Use this Site or its contents for any commercial purpose;
- Access, monitor or copy any content or information of this Site using any robot, spider, scraper, miner or other automated means or any equivalent manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of this Site for any purpose without our express written permission;
- “Frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by getSayDo in connection with the Site or the Services;
- Post content on products and/or services offered by your current employer or by direct competitors of your current employer’s products and/or services; or
- Log in using an alias that masks your true identity.
Suggestions and Improvements
You are free to submit to us any ideas, suggestions, documents or proposals (“Services Feedback”) to firstname.lastname@example.org and, by sending any such information, you agree that (i) your Services Feedback does not contain any confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Services Feedback, (iii) we may have something similar to the Services Feedback already under consideration or in development, and (iv) you grant us an unrestricted, irrevocable, non-exclusive, fully paid and royalty-free, perpetual, transferable, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Services Feedback, and you irrevocably waive, and cause to be waived, against getSayDo and its Users and Members any claims and assertions of any moral rights contained in such Services Feedback.
The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk and may be subject to additional third party or open source licensing terms and disclosures with such Third Party Sites.
You agree to indemnify, defend, and hold getSayDo, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, member, managers, employees, agents and representatives of each of them (collectively, the “getSayDo Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Agreement, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your Profile, of any intellectual property or other right of any person or entity. getSayDo reserves the right, at your expense, to assume the exclusive defense (including choice of legal counsel) and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of getSayDo. getSayDo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE GETSAYDO ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THIS AGREEMENT, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS AGREEMENT, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THIS AGREEMENT.
- THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE GETSAYDO ENTITIES DO NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE GETSAYDO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE GETSAYDO ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, USER FEEDBACK (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
- THE GETSAYDO ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE GETSAYDO ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR FEEDBACK, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- THE GETSAYDO ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE GETSAYDO ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- THE GETSAYDO ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE GETSAYDO ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE GETSAYDO ENTITIES EXPRESSLY DISCLAIM LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Governing Law; Jurisdiction; Attorneys’ Fees
This Agreement and the relationship between You and getSayDo will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that getSayDo may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Services or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred. In the event getSayDo prevails in any lawsuit or legal action brought against or by you and relating to the interpretation or enforcement of this Agreement, getSayDo shall be entitled to recover from you all of its reasonable attorneys’ fees and court costs incurred in such action.
- We may deactivate your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, at any time and without notice or liability of any kind. You acknowledge and acquiesce that any such termination could prevent you from accessing your Profile, the Site, your User Feedback, or any other related information.
- In the event of any termination of this Agreement, whether by you or us, Sections 4 and 6-11 will continue in full force and effect, including our right to use User Feedback as detailed in Section 2.
- We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Agreement by email, regular mail or communications through the Site.
- Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party beneficiary.
- The Agreement contains the entire agreement between you and us regarding the use of the Site, and supersedes any prior agreement between you and us with respect to the subject matter contained or referenced herein. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.
- Any failure on getSayDo’s part to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision and we expressly reserve all such rights.
- If any provision of the Agreement is found to be unenforceable or invalid, then only that provision (or portion of such provision as necessary) shall be modified to the extent necessary so that the Agreement shall otherwise remain enforceable, valid and in full force and effect.
- The Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with getSayDo’s prior written consent. We may assign or transfer our rights and/or obligations under the Agreement without restriction. Any attempted assignment by you shall violate this Agreement and be void.
- The Agreement may not be modified without our express consent.
- The section titles in the Agreement are for convenience only and have no legal or contractual effect.