These (as updated from time to time as set forth herein, these “Terms”) set forth the legally binding Terms of Service for use of services provided by Sucasa Technologies, Inc. (“we,” “us,” “our,” “Getaway”), as well as our affiliates and subsidiaries, our website (the “Site”), mobile app and/or other platform(s), and Getaway Membership Program (collectively, the “Services”) by you and all other users or visitors of the Services (each, a “user,” “you” or “your”). The Services are available for residents of the United States only in the states where we or our authorized broker-dealer(s) are registered. PLEASE READ THESE TERMS CAREFULLY AS THEY MAY HAVE CHANGED.
Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than a jury trial or class action lawsuit.
You must be 18 years or older to use the Services. You acknowledge that, by accessing, registering for and/or using, or continuing to access or use, the Services in any manner, you (a) are at least 18 years old and have the right, authority and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; (b) agree to and accept these Terms, which also incorporate by reference our Privacy Policy (the “Privacy Policy ”) and the Getaway Membership Terms and Conditions, each of which may be updated from time to time without notice to you as further set forth herein or therein; (c) if these Terms have materially changed since you last access or used the Services, acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the these Terms as changed; and (d) consent to receive communications from us electronically, and agree that such electronic communications, notices and/or postings satisfy any legal requirements that such communications be in writing.
Disclaimer. Nothing contained in the Services, including, without limitation, any Getaway Content (as defined below), constitutes investment, financial, accounting, tax or legal advice or should be considered an offer, solicitation of an offer or advice to buy or sell securities. Any decisions based on the information contained in the Services are the sole responsibility of the user of the Services. The securities made available through or discussed on the Services, representing interests in various real estate assets, may not be suitable for all investors. Getaway makes no representations that such securities are available to or appropriate for investors or users in all jurisdictions or locations, nor that any investment vehicle is available or suitable for any particular user or purpose. All users accessing the Services do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
General Risks. Investing involves risk, including market risks and macro conditions such as inflation and political and economic risk, and investments may lose value. Before investing, consider your investment objectives, financial resources, experience and risk tolerance and fees related to investing through the Services. Past performance does not guarantee future results. Investment outcomes and projections are hypothetical in nature and cannot be guaranteed. Investing in real estate assets, and in securities representing interests in real estate assets, involves higher risks than traditional investments and may have different financial and/or tax implications.
§ By using the Services, you represent and warrant that, with respect to making, or the decision to make, an investment in any security made available on or through the Services:
§ You have read and understand the discussion of risks herein, and are aware of the risks of any investment in real estate assets or securities representing interests in real estate assets;
§ You will use your own judgment before making any decision to invest any amount of money in any security made available through the Services;
§ You are solely responsible for complying with applicable law regarding any transaction, including, without limitation, the determination of whether any investment complies with the terms of local law (whether the law of a U.S. state, or the law of any foreign government with jurisdiction over you);
§ You will obtain professional advice as is appropriate to protect your interests, including any legal, accounting, financial or other relevant advice;
§ You understand that Getaway is not acting as an investment advisor or similar in relation to securities made available through the Services, providing any advice related to such securities and is not, and will not be, in any way responsible for the success or failure of any investments made through the Services; and
§ You have read and understand the discussion of risks herein, and are aware of the risks of any investment in real estate assets or securities representing interests in real estate assets;
§ You are not relying upon any person or entity other than the underlying issuer of an investment.
Notwithstanding anything to the contrary in these Terms, in no event shall anything in these Terms be deemed to be a waiver, and we will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
The securities offered on the Site have not been registered under the Securities Act of 1933, in reliance on the exemption provisions of Section 4(a)(2) of the Securities Act and Rule 506 of Regulation D promulgated thereunder, and/or Regulation A. Securities sold through private placements are restricted and not publicly traded, and are therefore illiquid. Securities sold in Regulation A offerings remain subject to State securities laws, or so-called "blue sky", restrictions on trading. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering or trading on this Site.
Investment overviews and so-called “tombstone” advertisements on the Site may contain summaries of the principal features or terms of investment opportunities available through the Site. Such overviews and tombstone advertisements are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the Offering Circular filed with the Securities and Exchange Commission or other offering materials relating to such investment opportunity. YOU MUST CAREFULLY REVIEW THE RELEVANT OFFERING CIRCULAR AND OR OTHER OFFERING MATERIALS BEFORE DECIDING TO INVEST. The information contained on the Site has been prepared by Getaway without reference to any particular user's investment requirements or financial situation, and potential investors are encouraged to consult with professional tax, legal and financial advisors before making any investment.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services for your personal, noncommercial use. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk. Any rights not expressly granted herein are reserved by Getaway and its licensors. You are responsible for making all arrangements necessary for you to access the Services. The Services shall include, without limitation, any services, applications, extensions, passes or widgets offered by us that you download or receive from third-party application stores (e.g., the Apple App Store or Google Play), subject to the terms of such stores, or providers authorized by us. To use the Services, you may need and are responsible for having compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply, e.g., your carrier's normal rates and fees, such as data charges and text messaging, will still apply). The Services' performance may be affected by these factors. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. We reserve the right to discontinue, change, suspend, remove and/or disable access to any Service and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability. In no event will we be liable for the discontinuance, modification, suspension or removal of, or disabling of access to, any such Service at any time and/or for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or all Services, to registered users.
Some or all of the Services, and certain features or functionalities, may require that you register for an account with us. When you do, we may ask you to provide certain registration details, such as your email address or other information about yourself. In the event Getaway provides the option to register for the Services through your account on a third-party platform (such as Facebook or Google), you authorize Getaway to access such account as permitted under the applicable terms and conditions that govern your use of such account (including accessing and using your account credentials and other information shared from the third-party platform account as authorized by you). All such information is subject to our Privacy Policy. You agree that the information that you provide us about yourself upon registration is true, accurate, current and complete. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself; permit anyone else to use your account; or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any or no reason.
Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose such credentials to any third party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or that there is, was, may be or may have been any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a cafe or public library, so that others are not able to view or record your access credentials or other personal information.
Eligibility: Entity Users. Access to the platform and Services for users that are entities, including trusts, or persons acting on behalf of such entities, is intended solely for authorized representatives of entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such entities to act in furtherance of the their use of the platform or Service. By using the Service or the platform on behalf of an entity, you represent and warrant that you are duly authorized in accordance with the foregoing by the entity on behalf of which you are acting, that you have the power and authority to enter into binding agreements on behalf of the entity or in the capacity in which you are acting, and that the entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you confirm that you agree to all of the terms and conditions of these Terms individually and on behalf of such entity, and represent and warrant that you and such entity will abide by all of the terms and conditions of these Terms. If you, the entity, any other person acting on behalf of the entity or trust violate any of these Terms, or otherwise violate an agreement between the entity (or, if applicable, any guarantor) and Getaway, Getaway may terminate the entity's membership, delete any associated profile and any content or information posted on the platform in connection with the entity's membership and/or prohibit you, such entity and any other person acting on the entity's behalf from using or accessing the Service or the platform (or any portion, aspect or feature of the Service or the platform), at any time in its sole discretion, with or without notice.
Business Registration Data; Account Security. In consideration of your use of the platform and the Service on behalf of an entity member, you, individually and on behalf of such entity, agree to: (a) provide accurate, current and complete information about the entity, yourself and any other principals and/or authorized representatives of the entity member as may be prompted by any registration forms on the platform or otherwise requested by Getaway (" Business Registration Data"), including the entity's full legal name; (b) provide such materials as Getaway may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the entity, or to establish and/or verify the entity's legal existence, good standing in any jurisdiction and eligibility to use the platform or Service; (c) maintain the security of any password and identification issued for use by or on behalf of the entity; (d) maintain and promptly update the Business Registration Data, and any other information provided to Getaway by you or anyone else acting on behalf of the entity, to keep it accurate, current and complete; (e) promptly notify Getaway regarding any material changes to information or circumstances impacting the entity's legal existence, good standing in any jurisdiction in which the entity is authorized to conduct business, or eligibility for continued use of the platform or any Service; and (f) be fully responsible for all use of any platform Accounts opened on behalf of the entity and for any actions that take place using such platform Account.
Additional Representations: Entity Users. In addition to the User Representations set forth above under "User Representations", which you hereby confirm on behalf of the entity member, you further agree, both individually and on behalf of the entity, not to use the Service or the platform to:
· register for multiple platform Accounts on behalf of the same entity; operate or otherwise utilize a platform Account opened in the name of an entity for the benefit of any persons other than that entity;
· operate or otherwise utilize a platform Account opened in the name of an entity for any purpose prohibited by law or regulation, any activity which that entity is not duly authorized to conduct, or for any purpose prohibited by any other agreement between the entity and Getaway or our affiliates;
· operate a platform Account on behalf of any entity with regard to which you are not an authorized person with the power to enter into binding agreements on behalf of the entity;
· communicate with any other user regarding the entity, or its business operations, other than anonymously and publicly via the platform, or upload, post, transmit, share or otherwise make available any information or informational material identifying the entity or its business operations (other than Business Registration Data provided to Getaway or other information requested by Getaway or otherwise necessary for your use of the platform or Service); and
· upload, post, transmit, share, store or otherwise make publicly available on the platform any private information regarding the entity, including, without limitation, addresses, phone numbers, email addresses, tax identification numbers and credit, or any personal information regarding persons associated with the business or entity (other than Business Registration Data provided to Getaway).
Furthermore, you represent and warrant and agree, both individually and on behalf of the entity, that:
· all email addresses provided on behalf of the business or entity are and will be used by the business or entity for business purposes; and
· you will not represent or portray the business or entity as being affiliated with Getaway in any capacity other than being a User of the platform or Service without Getaway's prior written consent.
You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct. You agree not to, and will not assist, encourage or enable others to:
§ Use the Services:
§ For any commercial purpose, except as expressly permitted under these Terms;
§ In a manner that is defamatory, abusive, threatening, offensive, an invasion of a right of privacy of another person or could otherwise be reasonably expected to harm any person or entity;
§ To violate any applicable national, regional, federal, state, local or international law or regulation, or to encourage any such violation or any illegal activity;
§ To violate any applicable national, regional, federal, state, local or international law or regulation, or to encourage any such violation or any illegal activity;
§ To create, send, knowingly receive, display, transmit, use or reuse any material which: (a) Infringes any patent, trademark, trade secret, copyright or other intellectual property right(s) of any other person; (b) Violates, or assists in the violation of, the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms or our Privacy Policy; or (c) Is likely to deceive or confuse any person;
§ To violate these Terms or any other rules or policies posted by us on our website or otherwise provided to you;
§ To transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; or
§ To violate the security of any computer network or crack passwords or security encryption codes;
§ Reverse engineer, decompile, reverse assemble or perform any other operation on or with the Services that would reveal any source code, trade secrets, know-how or other proprietary information;
§ Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Services, except as expressly authorized by Getaway;
§ Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
§ Use any robot, spider or other automatic device, process or means to access the Services for any purpose;
§ Remove, circumvent, disable, damage or otherwise interfere with any security-related features or other restrictions of the Services;
§ Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
§ Attack the Services via a denial-of-service, distributed denial-of-service or other form of attack; and/or
§ Otherwise attempt to interfere with the proper working of the Services.
§ The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us help@getaway.co, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
We may terminate, disable or throttle your access to, or use of, this Site and the Services for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Service.
We own the Services and all of our trademarks, logos, branding and any other Content that we create in connection with the Services (“Getaway Content”), including, without limitation, current and future proprietary rights of every kind and nature, however denominated throughout the world, registered or unregistered, associated with such Getaway Content and the Services (collectively, “Getaway IP”). Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to the Getaway IP are retained by us. We are not responsible or liable to any third party for the content or accuracy of any materials shared by you or any other user through the Services . You understand that when using the Services, you may be exposed to text, images, photos, audio, video, location data and/or other forms of data or communication (“Content”) from a variety of sources, and that Getaway is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Services by any user or other licensor, or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to help@getaway.co. By sending us any ideas, suggestions, documents and/or proposals (“Feedback”), you agree that (a) the Feedback does not contain the confidential or proprietary information of third parties; (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (c) we may have something similar to the Feedback already under consideration or in development that is owned by us; and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and/or sublicense the Feedback, and you irrevocably waive, and agree to cause to be waived, against Getaway and its users any claims and assertions of any moral rights contained in such Feedback.
If there are other websites and/or resources linked to on the Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the privacy policies and/or terms and conditions of use for such websites.
GETAWAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY AND/OR FITNESS FOR PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GETAWAY DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF THE SERVICES OR ANY CONTENT. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. GETAWAY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND/OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, GETAWAY DISCLAIMS ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GETAWAY OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ANY RELIANCE UPON EITHER ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GETAWAY OR ANY OF ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR LICENSORS (“GETAWAY PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION AND/OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT GETAWAY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWNTIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM, IF ANY, OR (B) ONE HUNDRED DOLLARS ($100.00). IT IS THE INTENTION OF YOU AND US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold harmless Getaway and its subsidiaries, affiliates and licensors and their respective owners, managers, officers, directors, members, shareholders, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and/or fees (including reasonable attorneys' fees) resulting from (a) your violation of these Terms; (b) your use or access of the Services; (c) your violation of any third-party right, including, without limitation, any intellectual property right or right of publicity; (d) any claim that your use of the Services caused damage to a third party; or (e) from any decision that you make based on or through, as applicable, the Services, Content or any other investment vehicle made available via the Services.
These Terms, and the license granted herein, shall be governed by the laws of the Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Miami, Florida. Your use of the Services may also be subject to other local, state, national or international laws.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Getaway. For any dispute with Getaway, you agree to first contact us at help@getaway.co and attempt to resolve the dispute with us informally. In the unlikely event that Getaway has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of, in connection with or relating to these Terms, or the breach or alleged breach hereof (collectively, “Claims”), by binding arbitration by JAMS, under the “Optional Expedited Arbitration Procedures” then in effect for JAMS, except as provided herein. JAMS may be contacted using the information provided at https://www.jamsadr.com/. The arbitration will be conducted in Miami, Florida, unless you and Getaway agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and/or arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys' fees and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Getaway from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation or violation of our data security, intellectual property rights or other proprietary rights.
Class Action & Jury Trial Waivers. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GETAWAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
We reserve the right to modify these Terms, and to add new or additional terms or conditions on your use of the Services, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. Your continued use of the Services will be deemed acceptance hereof. We will notify you of material changes by email or posting a notice on our website prior to the effective date of such changes. What constitutes “material changes” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
EFT Processing. Getaway processes Electronic Funds Transfers (EFTs) as an efficient method to receive electronic deposits from investors, to purchase and redeem investments and to issue refunds to investors. EFTs are processed through the vehicles described below:
§ The Automated Clearing House (ACH)
§ The Fedwire
§ Credit Card
In order to use the payment functionality of Getaway, you authorize us to share your identity, bank account data and credit card account data with North Capital Private Securities (NCPS), a broker-dealer registered with the Securities and Exchange Commission and the Financial Industry Regulatory Authority, Inc., and with North Capital Investment Technology (NCIT) for the purpose of processing your EFTs, and you are responsible for the accuracy and completeness of that data. You understand that you will access and are responsible for managing your bank account data and credit card account data through the platform. You also authorize us and NCPS and NCIT to process EFTs as you direct through Getaway. You acknowledge that none of NCPS, NCIT or we will be liable for any loss, expense or cost arising out of EFT services provided through your use of Getaway, which are based on your instruction; NCPS and NCIT are third party beneficiaries to this Agreement.
Because Getaway operates on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address (or other electronic means of communication) you provide to us. By agreeing to the Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements (including any IRS Forms, including Form 1099 and Form K-1) arising from or relating to your use of the Site and Service, including any securities you have purchased, your use of this Service, and the voting of any securities you have purchased as an investor in any offering made available through the Site (each, a "Disclosure"), whether we are acting in the capacity as issuer, agent or otherwise. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.
Electronic Communications. Any Disclosures will be provided to you electronically through Getaway either on our Site or via electronic mail to the verified email address you provided or through other electronic means of communication based on information provided by you. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS 1099 Forms or Form K-1s provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 or Form K-1 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Getaway or between you and another party with whom you transact through the Site. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
Consenting to Do Business Electronically. Before you decide to do business electronically with Getaway, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software.
Withdrawing Consent. You may not withdraw consent to doing business with us electronically for as long as you have outstanding any investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.
How to Contact Us regarding Electronic Disclosures. You can contact us via email at help@getaway.com.
Updating Your Contact Information. In the event of any changes to your contact information, please log in to your Getaway account to update your contact information.
By agreeing to these Terms of Service or clicking “ACCEPT", you are acknowledging that (1) you consent to the electronic delivery of Disclosures, and (2) you are able to download or print a copy of the Disclosures.
These Terms constitute the sole and entire agreement between you and Getaway with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. No waiver of these Terms by Getaway shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Getaway to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in these Terms are for convenience only and have no legal or contractual effect. You hereby grant Getaway the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that we have the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including, but not limited to, our right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party's rights). In the event of loss or theft of any device on which the Services linked to your account is installed or connected, or you otherwise learn that your account is compromised, you shall notify us immediately by contacting us at help@getaway.co.
We welcome your questions and comments about these Terms. Please contact us via email at help@getaway.co
