Terms & Conditions | Terms of Use | Terms of Service
The following Terms of Use, Terms and Conditions, and Terms of Service, are entered into by and between You and Get Started, LLC (“Get Started Small Business Consulting”, “Get Started”, “Get Started SBC”, “Company”, “we”, or “us”).
General terms and conditions
- I understand that the site’s general terms of use (the Terms of Use) also apply to the Terms of Service and Terms and Conditions and in agreeing to these Terms of Use, I acknowledge that I have read and agree to those “Terms of Use” and “Terms and Conditions” and “Terms of Service”, which are incorporated herein by reference.
- I (business representative and/or business entity) understand and agree that Get Started, LLC (Get Started Small Business Consulting, Get Started, Get Started SBC) is not a law firm, an attorney, financial firm, accountant, or the like and may not perform services as such.
- Prior to my purchase or participation, if I believe Get Started provided me with legal or financial advice, opinion, or recommendation about my legal rights, remedies, defenses, options, selections of forms or strategies, I will not proceed with my purchase and any purchase made will be null and void.
- Except where prohibited by law, I will hold Get Started and it’s officers, owners, employees and representatives harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises. This includes action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without any claim for personal injury or property damage, arising from this agreement and any violation by me of any federal, state, or local laws, statutes, ruled, or regulations, even if Get Started has been advised of the possibility of such damage.
- I understand that prices listed on Get Started’s website are displayed for convenience only and are subject to change without advance notice. I understand that charged or invoiced amounts on incomplete or pay-as-you-go services (ex: packages) may change based on the preformed scope of service, requested deliverable, and/or 3rd party pricing/cost to complete request.
- I understand that Get Started does not guarantee any specific results and understand that the definition of success is subjective. I understand that I am accountable for implementing suggestions provided by Get Started and their representatives. I understand that I am not obligated to follow the suggestions of Get Started and its representatives.
- I understand I can cancel a product and/or service at any time. However, the payment, cancellation, and refund schedule provided in this terms and conditions document will apply.
- I understand all payments received are subject to a 10% refund fee where applicable.
- I understand that I am responsible for submitting to Get Started the requested documents in a timely manner or by the provided deadline.
- I understand that Get Started is not responsible for any delay in processing due to customer and/or third-party processing.
- Any unused portion of an installment payment is non-refundable and is not subject to any other cancellation parameters.
Website Usage
- This website uses “cookies”. A cookie is a piece if data stored on your hard drive to help us improve your interaction and/or enhance the experience with our website. Usage of cookies does not link any personally identifiable information on our site. By continuing to use this site, you a acknowledge our use of cookies.
- By providing your personal information to a Get Started representative, you agree to receive communications using the information provided. You understand that these communications include but are not limited to information about your appointment, order, promotions, events, educational blogs, etc. You may opt out of any future contact from us at any time by contacting us via the email address or phone number given on our website.
- This site contains links to 3rd part sites. Get Started is not responsible for the content or privacy practices of 3rd party sites. Links to 3rd party websites are provided for your convenience only, and you access them at your own risk.
- By attending a Get Started event or appointment, you understand that your image or likeness may be used for marketing purposes without compensation. You release Get Started and its affiliates from any legal action.
Payment, cancellations, and refunds
Packages
- Payment must be received prior to any one-on-one consulting/meeting service provided as apart of a package.
- Payment must be received in advance of any service or product provided. I understand that any invoice received is not finalized until service is complete. I understand that additional invoices for additional payments may be due based on the actual service rendered. I understand that Get Started will not provide deliverables for outstanding invoices. Complete deliverable with an outstanding invoice will be held for no more than 180 day from the time the time the initial or supplements invoice is sent to customer.
- Any meeting cancelled before 72 hours of its scheduled time can be rescheduled.
- Meetings cancelled within 72 hours of its scheduled time is subject to forfeiture. Get Started and it’s representatives can reschedule a meeting within 72 hours of it’s scheduled time at their description.
Boot camps and courses
- Documents/checklist are the intellectual property of Get Started, LLC . The documents should not be reproduced without permission from Get Started. The documents do not serve as legal, financial, and/or all inclusive advice.
- These documents are not all inclusive of all requirements for operating a business.
- Embedded links do not serve as an endorsement from Get Started, LLC of any company, agency, website, product, and the like. Customer assumes all risk in using embedded links, connected websites/landing pages, documents, and the like.
- Checklist are non-refundable.
Meetings
- Payment must be received prior to any one-on-one consulting/meeting service provided.
- Any meeting cancelled before 72 hours of its scheduled time can be rescheduled. If a customer prefers to cancel, cancellations received 72 hours or more can be refunded less a 10% fee.
- Meetings cancelled within 72 hours of its scheduled time is subject to forfeiture. Get Started and it’s representatives can reschedule a meeting within 72 hours of its scheduled time at their discretion.
Checklist
- Documents/checklist are the intellectual property of Get Started, LLC . The documents should not be reproduced without permission from Get Started. The documents do not serve as legal, financial, and/or all inclusive advice.
- These documents are not all inclusive of all requirements for operating a business.
- Embedded links do not serve as an endorsement from Get Started, LLC of any company, agency, website, product, and the like. Customer assumes all risk in using embedded links, connected websites/landing pages, documents, and the like.
- Checklist are non-refundable.
Filings
- I understand that Get Started will not proceed to process third-party fillings until payment is received accordingly.
- I understand Get Started cannot refund filing fees once Get Started submits my paperwork to the government and/or related entity.
- I understand that I am responsible for submitting to Get Started the requested documents in a timely manner or by the provided deadline.
- I understand that Get Started is not responsible for any delay in processing due to customer and/or third-party processing.
- Processing of articles of organization and the like can take between 7 and 30 days depending on the state. I understand that Get Started is not responsible for delays.
Third-party
- I understand that Get Started can not refund third-party processing fees (e.g. paid directly to service partners, to facilitate fulfilling orders like courier fees, and the like) once I make a purchase.
- I understand Get Started cannot refund filing fees once Get Started submits my paperwork to the government and/or related entities.
If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party’s site. The third party may contact me by email and/or phone with instructions on how to access my benefits. GET STARTED HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. GET STARTED IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF GET STARTED AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE GET STARTED SITE.
Installments and payment plans
- I understand that payments received as apart of a payment plan are non-refundable.
- I understand that any installment payment received that covers delivered and pending products and/or services is non-refundable. Any unused portion of an installment payment is non-refundable and is not subject to any other cancellation parameters.
(a) Qualification. The Get Started Installment Plan (the “Installment Plan”) is available as a purchase option for certain Get Started products and services. Where an Installment Plan is offered, I acknowledge that Get Started may charge a small installment fee in connection with this option. The total amount that will be charged for each installment payment, inclusive of any fee, will be disclosed to me prior to my election to participate in the Installment Plan.
(b) Billing. By opting into the Installment Plan, you are agreeing to make an initial payment (the “Initial Installment Payment”) immediately when you place your order or change your payment plan. You hereby authorize Get Started to charge your credit card for two additional installments on approximately, but not before, the first and second month anniversaries (each an “Installment Billing Date”) of the Initial Installment Payment. If your purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, except that if the total purchase price does not divide evenly into parts, your final installment payment will include all outstanding amounts. You understand that you may pay your outstanding balance at any time without incurring additional charges.
(c) Default. If your credit card is declined Get Started may make multiple attempts to bill that card. If you remain in default on a payment when the next payment is due, you authorize Get Started to charge both payment amounts to your credit card. If three attempts to charge your card are unsuccessful and your account balance remains unpaid, you understand that Get Started may report information about your account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in your credit report. You understand that Get Started may restrict your ability to purchase other Get Started products/services if you are delinquent on any payment. You understand that Get Started may make efforts to collect a delinquent payment. You understand that if you believe Get Started has reported inaccurate information to a consumer reporting agency, you may email Get Started at info@getstartedsbc.com and Get Started will investigate the matter. You understand that Get Started may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(d) Credit. You understand that if you have a Get Started credit, the amount of that credit will be deducted from your total purchase price before installment payment amounts are calculated. If you want to apply a credit issued after your enrollment in the Installment Plan, you may do so by emailing Get Started at info@getstartedsbc.com.
(e) Notice of Automatic Billing. Get Started may send a reminder email to the email address of record for your account before your Installment Billing Dates. You acknowledge and agree that this notice is provided as a courtesy only, and Get Started is not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) your inability to receive, or (iii) the failure of Get Started to send the email does not create any liability on the part of Get Started or any third-party service provider.
(f) Disputed Charges. You understand that if you dispute a charge to your credit card or with your banking institution, you should email Get Started at info@getstartedsbc.com and Get Started will investigate the matter.
(g) Account Information. You agree to notify Get Started immediately of any changes to your credit card number, its expiration date, and/or your billing address, or if your credit card expires or is cancelled for any reason. You understand that if your failure to provide Get Started with accurate, complete, and current information results in delinquent payments, Get Started may restrict your ability to purchase other Get Started products/services, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
(h) Subscription Products. For subscription products offering the Installment Plan, Get Started reserves the right to terminate access to subscription benefits 31 days after a missed installment payment.
Giveaways, Drawings, Raffles, Gift Certificates, Winnings, Etc.
- Gifted or free services are not redeemable for cash.
- Gifted or free services are non-transferable and resale is prohibited.
- Any lost, stolen, and/or destroyed proof of winning is not subject to a replacement.
- Giveaways and the like are not to be combined with any other promos and offers.
- Giveaway winnings and the like are valid up to one (1) year (365 days) from the date of winning (counting as day 1). Get Started reserves the right to replace one (1) year (365 days) with a smaller quantity of validity.
- Persons are only eligible to be gifted or win a free service/item once in 3 years, even if announced as the winner.
- Get Started can not be held responsible for actions of 3rd party entity as a partner, recommendation, and the like. Should a 3rd party’s terms & conditions conflict with Get Started’s terms and conditions, Get Started reserves the right to be subject to the more favorable outcome.
- Get Started reserves the right to substitute 3rd party entity, product, and/or service at its discretion without prior notification or penalty.
- Get Started reserves the right to void any gifted or free service at its discretion without penalty.
- Through free-will participation and/or as a subscriber to Get Started’s contact list, I agree to the terms and conditions.
- Void where prohibited by law
Abandoned orders
I understand that other than required by law applicable law, I shall have no right to cancel, request a cash refund or obtain credit for any undelivered order after 180 days have elapsed from the purchase date unless Get Started is at fault. I understand that displayed rates are for convenience only. Both parties acknowledge that Get Started is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Get Started for reimbursement of our commitment to service the order, and therefore is non-refundable.
Filings and fees
By submitting the form needed to process my business filing request, I (business representative and/or business entity) agree to allow Get Started, and its representatives to submit my information to legally structure a business entity within the state listed on the form and its entities on your behalf. I understand that the Get Started review of my form/documents are limited to completeness and for internal consistency of names, addresses and the like. I will read the final document(s) before signing it, where applicable, and agree to be solely responsible for the final document(s). I agree that Get Started, and its representatives are not to be held liable for incorrect information submitted on the form or any. additional requirements from my state of operation and its entities in connection with my business filing. To the best of my knowledge, I have provided accurate information to Get Started and have obtained all third-party consents required for my
order.
I give Get Started consent to affix my electronic signature where required to file my documents. I understand I may withdraw my consent, provided my documents have not already been filed, by contacting Get Started’s at info@getstartedsbc.com.
I agree that I am responsible for any increases and/or changes in the filing fee(s). I agree that any outstanding balances or fees (per original and/or revised invoices and/or notifications) due to Get Started may delay the filing of business structure documents in my state of operation, its entities, and any other entity in connection with establishing all or part of my business structure, trademark, and the like.
Should there be a legal dispute, Get Started, LLC retains the right to have the matter resolved through an arbitration company of Get Started’s choosing. Should the matter be found in Get Started’s favor, I understand that I am responsible for any preparation and legal fees in relation to the case.
I understand that Get Started can not refund third-party processing fees (e.g. paid directly to service partners, to facilitate fulfilling orders like courier fees, and the like) once I make a purchase. I understand Get Started cannot refund filing fees once Get Started submits my paperwork to the government and/or related entities.
Trademark, Copyright, and Patent Submitted Material. As part of an order for certain trademark, copyright, and patent products, you may be required to submit to Get Started materials – such as specimens, drawings, or copies of your work – in order for it to complete your order and submit your document(s) to the relevant government office. Furthermore, you understand that while it may retain digital copies of your submission, Get Started does not retain physical copies of your submissions and will not return those materials to you. All physical materials that Get Started does not submit to government offices as part of your application will be securely destroyed.
Authority to File Trademark, Copyright, and Patent Applications.
(a) Trademark and Patent. By placing your order, you give Get Started the express authority to file your application with the USPTO. After placing your order, Get Started may send you material to review or contact you for information regarding your order. In either case, if you do not respond to Get Started within 7 days, it may file your application to avoid filing delays. You understand that you may be contacted by the USPTO for other information after your application has been filed.
(b) Trademark TEAS Electronic Filing and Communications. Get Started may authorize the USPTO, on your behalf, to contact you at the email address you have provided in your order. You agree to submit documents and communications electronically using the USPTO TEAS system. You understand that if you fail to comply with these requirements, the USPTO may charge you an additional $100 processing fee per class and that Get Started will not pay it on your behalf.
(c) Copyright. By placing your order, you give Get Started the express authority to file your application with the U.S. Copyright Office. After placing your order, Get Started may send you material to review or contact you for information regarding your order. In either case, if you do not respond to Get Started within 60 days, it may file your application to avoid filing delays. You understand that you may be contacted by the U.S. Copyright Office for other information after your application has been filed.
Forms
I understand that I am responsible for making sure that all of the details provided on submitted forms to Get Started are accurate. I understand that Get Started will do a very limited review of documents submitted for third party processing. I also attest that I have obtained all third-party consents required for my order.
Delivery
I understand that Get Started uses a variety of methods to deliver finished products. For products delivered via physical shipment, I understand that Get Started uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If you select overnight delivery or two-day delivery, I agree that Get Started may use air or ground shipping as necessary to get your items to you within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by Get Started to the carrier chosen for the delivery of your order. It may include, in addition to the fees paid to the carrier, Get Started or third party handling and processing fees. For products delivered electronically, I understand that I will be notified via email or SMS messaging when my product is complete and available for download or retrieval.
Disputes
I understand that should there be a legal dispute, Get Started retains the right to have the matter resolved through an arbitration company of Get Started’s choosing. I understand that these terms call for the use of arbitration on an individual basis to resolve disputes, rather than jury trial or class actions, and also limit the remedies available to me in the event of a dispute. Should the matter be found in Get Started’s favor, I understand that am responsible for any preparation and legal fees incurred by Get Started in relation to the dispute.
Except where prohibited by law, I understand that should there be any liability found on the part of Get Started, it will be limited to the amount paid for the products and/or services and under no circumstances will there be consequential or punitive damages.
Limitation of Liabilities and Indemnification
EXCEPT AS PROHIBITED BY LAW, I WILL HOLD GET STARTED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING CONSULTING FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF GET STARTED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF GET STARTED, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND GET STARTED TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 16(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND GET STARTED FROM SUING IN COURT OR HAVING A JURY TRIAL.
(a) No Representative Actions. You and Get Started agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and Get Started and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to “Get Started,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
(b) Arbitration of Disputes. Most concerns can be resolved quickly and to the customer’s satisfaction by emailing us at info@getstartedsbc.com. In the unlikely event that the Get Started is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute after attempting to do so informally), this Section applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Get Started agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our website. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against Get Started by those you list as authorized contacts on your order.
(c) Arbitration Procedures. For any Dispute that you have against Get Started, or that Get Started has against you, you and Get Started agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against Get Started, you will first contact Get Started by sending a written notice of your Dispute (“Claimant Notice”) to Get Started by U.S. certified mail addressed to Notice of Dispute, General Counsel, Get Started, LLC, P.O. Box 951238, Lake Mary, FL 32729; a courtesy copy of the Notice should also be sent by email to info@getstarted.com. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that Get Started may have against you, we will provide you notice (“Get Started Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Get Started first send the applicable Notice so that the parties can engage in this informal dispute resolution process.
If you and Get Started cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Volusia County, FL, Seminole County, FL, or Orange County, FL; if you are a Consumer, however, you may elect to hold the arbitration in your county of residence. For purposes of this section, a “Consumer” means a person using the Services for personal, family or household purposes.
If you are a Consumer, you and Get Started agree to use the AAA Consumer Arbitration Rules. If you are not a Consumer, you and Get Started agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at adr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.
You and Get Started acknowledge that the purpose of this Section is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction.
(d) Individualized Arbitration Proceedings and Remedies. You and Get Started agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.
(e) Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and Get Started agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Get Started agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(f) Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/Rules. If you are a Consumer and you initiate arbitration of a Dispute, you agree to pay the applicable AAA Consumer Case Filing Fee, and Get Started will pay the remaining AAA fees and costs. If you are not a Consumer and you initiate arbitration of a Dispute valued at less than $75,000, you agree to pay any arbitration filing fees and costs. If you are not a Consumer and your arbitration proceeding is valued at $75,000 or more, you and Get Started will share equally the costs and fees of AAA Commercial Arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees and cost will be paid for by you if not in conflict with the applicable AAA Rules.
(g) Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending, via U.S. certified mail, a written Notice of Opt Out to Get Started. The Notice of Opt Out must be addressed to: Notice of Opt Out, General Counsel, Get Started, LLC, P.O. Box 951238, Lake Mary, FL 32795; a courtesy copy of the Notice of Opt Out should also be sent by email to info@getstarted.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Laws and Venue Section of this agreement, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(h) Additional Terms. If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
If you wish to seek public injunctive relief against Get Started, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Governing Laws and Venue Section of this agreement.
You and Get Started agree that the state or federal courts of the State of Florida and the United States have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively, in Volusia County, Florida, Seminole County Florida, or Orange County, Florida. You consent to personal and exclusive jurisdiction in these courts.
Force Majeure
Get Started shall not be considered in breach of or default under these Terms of Service or any contract with you, and shall not be liable to you for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Get Started may immediately terminate these Terms of Service and shall have no liability to you for or as a result of any such termination.
Additional Terms
Right to refuse. You acknowledge that Get Started reserves the right to refuse service to anyone.
You acknowledge that Get Started is not a registered or bonded legal document assistant.
You understand that these terms affect your legal rights and obligations. If you do not agree to be bound by all of these terms, you will not use this service. By proceeding with your purchase or use of service, including through a third party supplier, you agree to these Terms.
Privacy Policy
To view Get Started’s privacy policy, please click here: Privacy Policy
Updated: July 3, 2023