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Fasten your seat belt, below is a bunch of legal stuff

How GetSidekicks works:

Families wishing to use GetSidekicks fill out an online form outlining their preferences for a care provider ("Sidekick").

GetSidekicks, Inc. send the Family a list of Sidekicks nearby that may fit their needs.

The Family can book a meet and greet with the Sidekick via the Sidekick's profile page.

Families pay Sidekick directly after the care services are performed.

High-level summary:

 

  • GetSidekicks Access & Rules: Using GetSidekicks is similar to agreeing to a community code. There are guidelines you need to follow to ensure a safe and enjoyable experience for everyone.

  • Responsible Use: GetSidekicks prohibits bullying, harassment, or any activity that could violate the platform's policies or get you into legal trouble.

  • Data Privacy: GetSidekicks respects your privacy and won't access your personal information without your consent. However, be mindful of what you share online and avoid posting anything sensitive or risky.

  • Keeping it Civil: GetSidekicks requires resolving any legal conflicts that might arise through a process called mediation, where a neutral third party helps you and the other person reach an agreement. This is usually faster and less expensive than going to court.

  • Evolving Terms: GetSidekicks reserves the right to update its terms of service occasionally, reflecting changes in technology or regulations. We'll keep you informed about any significant updates.

  • Military Affiliation: You need to have a military-affiliation including but not limited to being an adult-child of a service member or veteran, a veteran, active duty service member, Department of Defense civilian, a member of the National Guard, a Reservist for any of the Armed services, a spouse of any of the aforementioned groups, a Gold Star Family, and/or a parent of anyone in the aforementioned groups. 

Terms of Service

Last Updated: May 14, 2024

ACCEPTANCE OF THESE TERMS

These Terms of Service govern your access to and use of the GetSidekick.co website and the GetSidekicks web application (collectively, the "Platform"). This is a legal agreement between you and GetSidekick, Inc. ("we", "us" or "GetSidekicks").

By signing up on the account registration page or by otherwise using the Platform (regardless of whether you register as a user of the Platform), you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.

GetSidekicks uses Google, Meta (Facebook), and /or ID.me to verify the identity and/or military affiliation of our Users. By using GetSidekicks, and depending on which identity provider you choose during sign-up and for your military-affiliation verification, you are agreeing to the Terms of Service found at: https://policies.google.com/terms; https://www.facebook.com/legal/terms; https://www.id.me/terms.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner. Each User must only use their own account, sharing of accounts with other individuals is prohibited. 

MODIFICATIONS

GetSidekicks reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. GetSidekicks will notify you of changes by posting on the GetSidekick’s website or may notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Any material revisions to these Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Platform after the effective date of any changes, that use will constitute your acceptance of the revised Terms of Service. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review GetSidekicks Privacy Policy, incorporated herein by reference, for information and notices concerning GetSidekick’s collection and use of your information. 

KEY TERMS

“Account” means the profile of a User on the Platform that can be logged into by a User. 

"Collective Content" means User Content and GetSidekicks Content together.

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Job Posts, quotes, message threads, reviews, and other information or materials available on or through the Platform.

 

“Feedback” means information, ideas, drawings, and/or opinions of Users, potential Users, and all other persons shared with GetSidekicks

 

"GetSidekicks Content" means all Content GetSidekicks makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.

 

"Job Poster or Family" means a User who has posted a short-term job in search for Sidekicks on the Platform. Because a Job Poster may be, or may become, a client of a Sidekick, a Job Poster is often referred to as a “client” or a “Client” on the Platform and in marketing materials related to the Platform.

 

"Platform" means all GetSidekicks websites, mobile or other applications, software, processes, videos, subscription services, and any other services provided by or through GetSidekicks.

 

“Privacy Policy” means the GetSidekicks Privacy Policy located at https://www.getsidekicks.co/legalstuff  including any amendments, supplements or modifications thereto made from time to time.

 

“Promotions” means advertising by GetSidekicks offering credits or discounts to new and existing Users. 

 

“Recommendation” means verbatims supplied to GetSidekicks by Users describing the character of such User in context of a relationship not formed through GetSidekicks. 

 

“Reviews” means information shared to GetSidekicks by Job Posters about Sidekicks, and by Sidekicks about Job Posters related to Services. 

 

"Services" means the services offered, fulfilled or provided by Sidekicks.

 

"Sidekick" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Services. 

 

"Subscription Fee" means any amount charged by GetSidekicks to a User in connection with the Platform.

 

"User" means a person or entity who completes GetSidekicks’ account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through GetSidekicks, including but not limited to Sidekicks and Job Posters.

 

"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, and messages, made through the Platform, but excluding GetSidekicks Content and Feedback.

C. SIDEKICK REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

By registering or using the Platform to offer, post, or provide Services, Sidekicks represent and warrant that they are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Services and in relation to the specific job they are performing. Sidekicks otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform.

GetSidekicks does not sell or otherwise provide Services. Sidekicks are independent contractors without any representation or warranty from GetSidekicks other than as expressly provided for herein. GetSidekicks facilitates messaging, which facilitation may include displaying a list of Sidekick profiles, allowing Job Posters and Sidekicks to send messages to each other. Job Posters understand that any such facilitation does not constitute a warranty in relation to the Sidekick. Sidekicks understand and agree that using the Platform does not guarantee that anyone will engage them for Services. Job Posters understand that any Services they solicit using the Platform are solicited directly from the Sidekicks providing such Services.

Sidekicks understand and agree that they are customers of GetSidekicks, and are not GetSidekicks employees, contractors, consultants, joint venturers, partners, or agents. GetSidekicks acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. GetSidekicks does not control, and has no right to control, the services a Sidekick provides (including the details of how the Sidekick provides such services) if the Sidekick is engaged by a Job Poster or any other person, except as specifically noted herein or on the Platform.

GetSidekicks, as permitted by applicable laws, may obtain reports regarding Sidekicks, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Sidekick’s account based on the results of such a report, without or without notice. As a Sidekick, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from GetSidekick’s vendors. Sidekicks agree to inform GetSidekicks of any material criminal convictions that occur after any such reports are run.
 

D. ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may not access the Platform without registering for an Account. To access and participate in Platform, you will need to create a password-protected account ("Account") and verify your identity through Google, Facebook, and/or ID.me. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding all of your passwords. You are solely responsible for all activity that occurs on your Account, and you will notify GetSidekicks immediately of any unauthorized use. GetSidekicks is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of GetSidekicks or others due to any unauthorized use of your account related to your failure to comply with these Terms. Your Account is nontransferable.
 

E. YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, GetSidekicks grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by GetSidekicks or our licensors, except for the licenses and rights expressly granted in these Terms.


F. USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by GetSidekicks in public advertising. By making available any User Content on or through the Platform, you hereby grant to GetSidekicks a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to GetSidekicks will survive termination of the Platform or your Account. GetSidekicks does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to GetSidekicks the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or GetSidekicks’ use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While GetSidekicks has no obligation to do so, you agree that GetSidekicks may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

GetSidekicks reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.


G. PROHIBITIONS

Prohibited User Conduct:

As a User of the Platform, you may not engage in the following actions:

  1. No Violation of Laws. Your use of the Platform, including, but not limited to, the User Content you post on the Platform, must be in accordance with all applicable laws and regulations.

  2. Use of Other Users' Personal Information: You may occasionally receive personal information about another User, such as a Sidekick receiving a Job Poster's home address after confirming a booking. Any personal information you receive must be used exclusively for the purpose it was provided in connection with the Platform and Services. Sidekicks and Job Posters are prohibited from contacting each other for any reason beyond inquiries, information sharing, or coordinating bookings through the Platform unless both Users have agreed to receive messages from the other, for example a Job Poster and a Sidekick forming a social relationship. 

  3. Spam and Harassment: Users must not transmit chain letters, spam, or junk emails to others, nor should they use information obtained from the Platform to harass, abuse, or harm anyone. GetSidekicks reserves the right to take appropriate measures, including limiting the number of messages a User can send to others within a 24-hour period, terminating Subscriptions or Accounts, and blocking specific IP addresses to protect Users from such activity.

  4. Misrepresentation: Users must not misrepresent themselves, the Services they offer, their identity or qualifications, projects, or any information in a quote. Posting inappropriate Content in unsuitable Platform categories is also prohibited.

  5. Automated Access: The use of automated systems, like robots, spiders, offline readers, or scrapers to access the Platform without prior written approval from GetSidekicks is forbidden. Public search engines are exempt but are limited to creating publicly available searchable indices of materials, not caches or archives of such content.

  6. Misuse of Information: Copying, misusing, or misappropriating Platform information or Content, whether manually or through automation, is not allowed. This includes using such information on competing or third-party websites.

  7. Abuse of Platform: Users must refrain from actions that could unreasonably burden the Platform's infrastructure, interfere with its proper operation, bypass security measures, or distribute harmful technologies, viruses, or materials that infringe upon the rights of third parties. Manipulating Subscription Fees or the billing process is also prohibited.

  8. Payment Obligations: Users are required to comply with their payment obligations to GetSidekicks for access to Platform. Failure to do so is in violation of these Terms.

  9. Privacy Violation: Users are prohibited from collecting, harvesting, publishing, or "selling" any personal information as defined by the California Consumer Privacy Act or similar laws.

  10. Legal Compliance: Users must adhere to all applicable laws and regulations.

  11. Communication Preferences: Failing to comply with a User's request to cease phone calls, text messages, emails, or other communications is not allowed.

  12. Recruitment: Users must not recruit, solicit, or contact Sidekicks or Job Posters for employment or any use not explicitly intended by the Platform.

  13. Inappropriate Content: Users should not submit Content that diminishes the User experience, including offensive, hateful, illegal, profane, obscene, defamatory, threatening, discriminatory, or inappropriate Content, or Content that advocates, promotes, or encourages inappropriate or unlawful activities.

  14. Violating Policies: Users must not materially breach GetSidekicks policies that govern Platform usage, interactions, and relationships with third parties.

  15. Irrelevant Services: Advertising or soliciting services unrelated to the Platform is not permitted, including those outside supported categories or providing only products. Such services could include directories, lending, rentals, event promotions, or other activities that are not reasonably accessible to Consumers.

  16. Content that Damages User Experience: Users are prohibited from submitting Content that negatively impacts the experience of other Users, such as redirecting Users to non-GetSidekicks mobile applications or external websites that request redundant information, or using profiles or usernames to promote non-Platform services.

  17. Manipulating Reviews: Any action that undermines the effectiveness or accuracy of the review or rating systems is not allowed.

  18. Failure to Perform Services: Users must fulfill Services purchased from them as promised, unless the applicable Consumer fails to meet a material term of the agreement.

  19. Fraudulent Conduct: Engaging in fraudulent conduct, including misleading money transfers or soliciting Users to mail cash or use unauthorized payment methods, is prohibited.

  20. False Intent: Signing up for or seeking Services without the intention of using or paying for them is not allowed.

  21. Charging After Payment: Users must not seek payment for Services when payment has already been made.

  22. Multiple Accounts: Creating more than one GetSidekicks account without written permission is not permitted.

  23. Platform Misuse: Undertaking actions or conduct inconsistent with the Platform's business or purpose is prohibited.

  24. Indirect Violation: Attempting to indirectly undertake any of the prohibited actions listed above is not allowed.

Reporting of Violations. You agree to report to us promptly any violation or attempted violation of these Terms of Service by any User. You can contact us at support@GetSidekicks.co.

Beta Features. From time to time, we may offer new "beta" features or tools with which Users may experiment on the Platform. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at GetSidekicks's sole discretion. The provisions regarding Disclaimer of Warranty apply to such features or tools.

Informational Purposes Only; No Medical or Professional Advice. Any information, content, advice and/or other material provided on the Platform, whether by GetSidekicks, Users or third parties, or otherwise by GetSidekicks in email newsletters, social media posts or other communications, is for informational purposes only, and is not intended to serve as or replace any professional financial, medical, legal, or other advice. GetSidekicks may provide tips, lists, suggestions or similar content (collectively, “Tips”) concerning popular home services or childcare services. Following Tips may help mitigate common home service or childcare service issues, but Tips are not comprehensive, nor are they tailored to any User’s specific situation. Any advice given in connection with Tips is provided based on generalized, public knowledge and is not provided by experts. Tips should be considered only in conjunction with the advice of licensed experts and should never be construed as comprehensive. GetSidekicks disclaims any warranties or representations with respect to Tips.


As a User of the Platform, you may have the opportunity to post or transmit User Content, such as User profiles ("Profiles"), reviews of Users ("Reviews"), and messages to other Users. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.

  1. Content and Communication Restrictions. You will not post on the Platform, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Platform, that:

    1. contains photographs or images of another person, unless you are that person's parent or legal guardian;

    2. contains others' copyrighted content unless you have written permission from the copyright owner;

    3. contains or discloses another person's personal information without his or her written permission, or collects or solicits another person's personal information for commercial or unlawful purposes;

    4. implies that the User Content is in any way endorsed or sponsored by, or originates from, GetSidekicks;

    5. is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;

    6. is intended to harass, annoy, threaten or intimidate any other Users of the Platform;

    7. is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;

    8. involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;

    9. contains any malware (including but not limited to viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);

    10. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;

    11. uses scripts, bots or other automated technology to access and/or update the Site;

    12. attempts to circumvent GetSidekicks's messaging tools or booking platform, or attempts to avoid applicable GetSidekicks fees; or

    13. otherwise (A) violates or attempts to violate the rights of third parties, including rights of privacy or publicity, or (B) violates or attempts to violate, or encourages the violation of, applicable laws and regulations.

  2. Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Platform, including Profiles, Reviews or other User Content. We may remove any such information and material for any reason, including but not limited to, that, in our sole opinion, it either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of GetSidekicks.

  3. Our Right to Use Your User Content. By posting User Content to the Platform, you grant, and you represent and warrant that you have the right to grant, to GetSidekicks and its licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide right and license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content in any media (including but not limited to print, email, digital and/or Internet) and to prepare derivative works of, or incorporate into other works, such information and content, for any purpose as deemed appropriate by GetSidekicks including, but not limited to, promotional, publicity, marketing or advertising purposes, and to grant and authorize sublicenses of the foregoing, without further review, notification or approval by you or additional consideration to you.

  4. Review and Recommendation Guidelines. Job Posters will have the opportunity to provide Reviews about Sidekicks. Sidekicks will have the opportunity to provide Reviews about Job Posters. Reviews may only be given by Job Posters who have booked a Sidekick through the Platform and by Sidekicks who have accepted and completed a booking from a Job Poster on the Platform. Recommendations may be given by Job Posters (e.g., Job Posters who have previously engaged a Sidekick but not through the Platform). Reviews and Recommendations should not include any personal information about a User that is not disclosed in the User's public Profile (for example, the Review and Recommendations should not include or reference a User's address, phone number or medical conditions), should be limited to your firsthand experience (not what you heard from someone else), should be factually accurate and should not include any assumptions or exaggerations. Reviews should reflect your experience with the User. Any opinion included in a Review or Recommendation should be sincerely held. Recommendations (as opposed to Reviews) should reflect Job Poster's positive experiences with a Sidekick. Negative content should not be submitted as part of a Recommendation and such content may be removed by GetSidekicks, in our sole discretion. You should avoid broad generalizations and exaggerations. If appropriate, you should update your Reviews and Recommendations to reflect new experiences. As with other User Content, we reserve the right to remove any Review or Recommendation that we feel, in our sole discretion, violates these guidelines.

  5. USERS SOLELY RESPONSIBLE FOR USER CONTENT. You are solely responsible for the User Content you post on the Platform and communicate to GetSidekicks and other Users. GetSidekicks does not verify User Content for accuracy, completeness, timeliness or relevance, nor does GetSidekicks endorse, represent or warrant the accuracy, completeness, timeliness or relevance of any User Content. You should independently assess and make your own determination as to the accuracy and usefulness of any User Content posted on the Platform or otherwise communicated to you by another User. In no event shall GetSidekicks be responsible for any loss or damage resulting from (1) your reliance on or use of any User Content, or (2) information, reviews or comments about you included in any User Content.

  6. USER AGREES TO RELEASE GETSIDEKICKS AND GETSIDEKICKS AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. ("Affiliated Parties” means GetSidekicks's officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees. For purposes of these Terms of Service.


H. GETSIDEKICKS SUBSCRIPTION

GetSidekicks is a subscription-based, online service available to certain Sidekicks and Job Posters. If you subscribe to GetSidekicks and your account is fully-paid and in good standing, you are eligible to access the Platform, notwithstanding any violations of these Terms of Service or the GetSidekick’s Privacy Policy. At the end of your GetSidekicks subscription, your subscription will automatically renew for periods of the same length as your original subscription unless you opt-out at least five business days prior to such automatic renewal by providing notice to GetSidekicks by contacting GetSidekicks at support@GetSidekicks.co. GetSidekicks may choose to discontinue the service at any time, in which case Users will be refunded a prorated amount of their subscription fee based on the portion of your subscription that has elapsed to that point. Users may cancel their subscription at any time, but the subscription fee is nonrefundable. GetSidekicks is available to consumer households only. Businesses, property managers, landlords and other similar persons may not utilize GetSidekicks and any attempt to do so will disqualify them from the Platform. GetSidekicks subscriptions are subject to these Terms and any information you share in connection therewith is subject to the Privacy Policy. You understand that if you violate the Terms, GetSidekicks may terminate your subscription without any refund of your GetSidekicks subscription fee or otherwise. 

GetSidekicks, at its sole discretion, can increase or decrease its monthly and/or annual subscription fee. If GetSidekicks choose to change its fees, existing Users will be notified via email. If such Users do not cancel their subscription within five (5) days from the next billing date, the User agrees to the new billing amount. If a User is on an annual subscription, the subscription fee will change, either increasing or decreasing, and be charged on their next annual billing cycle.

Free Trials and Promotional Offers. GetSidekicks may offer limited time, free trial Subscriptions or Promotional Offers from time to time. Users under a free trial Subscription will have access to the Platform. GetSidekicks may require a User to provide the User's payment information to start a free trial. For such free trials, GetSidekicks may automatically charge the User for the Subscription on the first day following the end of the free trial period, on a recurring monthly or annual basis or as otherwise described in the offer for the free trial. To avoid such charges, Users with free trial Subscriptions must cancel their Subscription before the end of the free trial period. Promotional Offers, which may include discount codes or account credits toward fees, may be subject to expiration dates and may only be applicable to select Users.

From time to time, GetSidekicks may offer special promotions, credits, awards or discounts ("Promotions"). All Promotions will be run at the sole discretion of GetSidekicks, and can be modified or terminated at any time by GetSidekicks with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, GetSidekicks may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.

You may receive certain offers from GetSidekicks (“Promotions”), including but not limited to discounted or free use of the Platform for a limited period, discounts on or credits towards payments made for Pro Services, and discounts or credits in relation to referrals. Any Promotions are offered at GetSidekicks’s discretion, and may be revoked at any time and for any reason. Note that any attempt (as determined by GetSidekicks in its sole discretion) to game, fraud, or in any way circumvent terms of a promotion is grounds for revocation, including but not limited to providing false information or utilizing multiple User accounts.

You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from GetSidekicks offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with GetSidekicks. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Users, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services. Except where otherwise noted, Promotions are for one-time use only and cannot be stacked (i.e. a User may only use one Promotion per project).

Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, GetSidekicks may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.


I. TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.

Users provide GetSidekicks with their mobile phone number as part of the registration process or in their account settings. Users who provide GetSidekicks with their mobile phone number may receive text message communications from GetSidekicks on their cellular phones and/or mobile devices. By providing GetSidekicks with your mobile phone number, you consent to GetSidekicks sending text messages to your cellular phone and/or mobile device. GetSidekicks does not charge for sending text messages, but your carrier may charge you.

J. INTELLECTUAL PROPERTY RIGHTS

GetSidekicks Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, GetSidekicks and our licensors exclusively own all right, title, and interest in and to the Platform and GetSidekicks Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of GetSidekicks used herein are trademarks or registered trademarks of GetSidekicks. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.


INTELLECTUAL PROPERTY RIGHTS.

  1. Copyright. All materials on the Site other than User Content are either owned by GetSidekicks or are the property of GetSidekicks's suppliers or licensors. You may not use these materials except as we give you written permission to do so.

  2. Trademarks. The service marks and trademarks "GetSidekicks" and the GetSidekicks logo are owned by GetSidekicks. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of GetSidekicks and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.

  3. Ownership and Use. GetSidekicks retains ownership of its intellectual property rights and you have no rights to GetSidekicks's intellectual property or GetSidekicks's rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.

  4. Your Content. Other than the non-exclusive license granted to GetSidekicks with respect to User Content, GetSidekicks will not acquire an ownership interest in the User Content you post.


K. FEEDBACK

By sending us any feedback, comments, questions, or suggestions concerning GetSidekicks or our services, including our Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against GetSidekicks and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.

Copyright Infringement and Account Termination:

GetSidekicks takes copyright infringement seriously and demands its Users to do the same. If content on the Platform appears to infringe intellectual property rights, GetSidekicks may remove it at its discretion and, if necessary, terminate the accounts of Users responsible for such infringement.

If you believe that materials on the Platform infringe your copyright, please contact GetSidekicks's copyright agent with the following details:

  1. Identification of the copyrighted work you believe is infringed, including a description and, if possible, an authorized copy or location (e.g., URL) of the work.

  2. Identification of the material you consider infringing and its location, including a description and URL or relevant information for locating it.

  3. Your name, address, telephone number, and, if available, email address.

  4. A statement expressing your good faith belief that the use of materials is unauthorized by the copyright owner, its agent, or the law.

  5. A statement affirming the accuracy of the provided information and declaring, "under penalty of perjury," that you are the copyright owner or authorized to act on their behalf.

  6. A signature or electronic equivalent from the copyright holder or authorized representative.
     

GetSidekicks's Copyright Agent can be reached at:

Copyright Agent
GetSidekicks, Inc.
830 High Street
Macon, GA 31201
(478) 919-8041
 

Furthermore, Users are expected to adhere to copyright laws, and GetSidekicks reserves the right to terminate the account of any User who repeatedly infringes or is suspected of repeatedly infringing the copyrights of others.

L. NO ENDORSEMENT OR WARRANTY

GetSidekicks does not endorse, warrant or make any representation (except those expressly and unambiguously made by GetSidekicks directly on the Platform) concerning any User, and GetSidekicks is not a party to any agreements between or among users, Users, or third-parties. GetSidekicks does not perform Services and disclaims all liability. No agency, partnership, joint venture, or employment is created as a result of the Terms or any User's or User's use of any part of the Platform, including but not limited to any scheduling or other services. Neither GetSidekicks nor any Users or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although GetSidekicks may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific GetSidekicks services they are using or any involvement by GetSidekicks personnel in providing or scheduling those services.

Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or "badged," “vetted”, “top rated”, "best of," "top," "military-affiliated" (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards, and does not represent anything else. GetSidekicks does not background Sidekicks or Job Posters. Any such description is not an endorsement, certification or guarantee by GetSidekicks and is not verification of a Sidekick’s identity and whether they or their Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise due diligence and care when deciding whether to have any interaction with any other User. GetSidekicks offers a non-exhaustive list of safety tips to consider when hiring a Sidekick. GetSidekicks has no responsibility for any damage or harm resulting from your interactions with other Users.

The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by GetSidekicks. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties. You agree not to attempt to impose liability on or seek any legal remedy from GetSidekicks with respect to such actions or omissions.
 

M. SANCTIONS FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights, GetSidekicks may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and GetSidekicks, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by GetSidekicks in connection with your use of the Platform), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
 

N. ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your GetSidekicks Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from GetSidekicks support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Services canceled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by emailing support@GetSidekicks.co. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. You may reactivate at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination. 
 

O. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and GetSidekicks agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between you and GetSidekicks, including but not limited to claims arising out of or relating to any aspect of the relationship between you and GetSidekicks, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with GetSidekicks as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach GetSidekicks's support department at support@GetSidekicks.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the GetSidekicks support department, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of ninety (90) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform will be finally settled by binding arbitration, as described below.

Where the relief sought by you is $10,000.99 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable arbitration rules & procedures effective at the time a claim is made. Currently, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

Where the relief sought is $10,001.00 or more, resolution will be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000.00 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000.00 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To initiate an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to GetSidekicks at 415 Natoma Street, Suite 1300, San Francisco, California 94103, ATTN: Legal. You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, GetSidekicks will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration will be initiated in the state of California, United States. You and GetSidekicks further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND GetSidekicks AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect your or our intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on GetSidekicks) written notice of your decision to opt out to opt-out@GetSidekicks.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Platform; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, GetSidekicks also will not be bound by them.

Changes to This Section: GetSidekicks will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the GetSidekicks Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the GetSidekicks Terms of Use website or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.

Survival: This Arbitration and Class Action Waiver section will survive any termination of your Account or the Platform.

Third-Party Beneficiary: You and GetSidekicks acknowledge that any third-party consumer reporting agency that GetSidekicks uses to perform background checks on Service Professionals is an express and intended third-party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with GetSidekicks will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the remainder of the section will remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and GetSidekicks through binding arbitration remains enforceable.
 

P. GOVERNING LAW

The Terms and the relationship between you and GetSidekicks will be governed in all respects by the laws of the state of Georgia, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against GetSidekicks that is not subject to arbitration must be resolved by a court located in Fulton County, Georgia, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Fulton County, Georgia or the United States District Court, located in Atlanta, Georgia, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS AND LIMITATIONS OF LIABILITY; Disclaimer of Warranty and Liability: This section limits the liability of GetSidekicks and its affiliated parties. :

  1. Use of the Platform: Your use of the Platform, Services, or any content on it is at your sole discretion and risk. GetSidekicks holds no obligation but retains the right, for any reason, to monitor User Content or perform identity verification, background checks, or registered sex offender checks on Users, including Sidekicks and Job Posters. The Platform is provided "as is" without any warranty, whether express or implied, including but not limited to merchantability, fitness for a specific purpose, or non-infringement. GetSidekicks and its affiliates, subsidiaries, officers, directors, employees, and agents disclaim any warranties related to the quality, suitability, accuracy, or completeness of any information or material on the Platform.

  2. Responsibility for Interactions: You are solely responsible for all your communications and interactions with other Users of the Platform and any persons you interact with due to your use of the Platform, such as Consumers, Sidekicks, or Job Posters. GetSidekicks does not attempt to verify User statements or review Sidekicks. GetSidekicks makes no representations or warranties concerning User conduct or compatibility with other Users. You must exercise reasonable precautions when interacting with others via the Platform, especially if you decide to meet offline or in person to provide or receive services. GetSidekicks explicitly disclaims all liability for the actions or omissions of Users or third parties.

  3. Information: GetSidekicks does not warrant the accuracy, adequacy, or completeness of information or materials on the Site or concerning the Services, including data from background checks. Additionally, GetSidekicks does not guarantee the security, uninterrupted availability, error-free nature, virus-free status, accuracy, or defect correction of the Site or Services. Furthermore, no warranties are made regarding the connectivity and ongoing availability of the Platform.

  4. USER CONTENT. GetSidekicks MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, recommendations, reviews, or other information or content made available on the Site or through the Services by Users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.

 

RELEASE OF LIABILITY

BY USING THE SITE OR SERVICES, YOU AGREE TO RELEASE AND HOLD HARMLESS GETSIDEKICKS AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE (IV) THE ACTION OR INACTION OF ANY OTHER USER, INCLUDING BUT NOT LIMITED TO ANY INFORMATION COMMUNICATED BY, OR SERVICE PROVIDED BY, ANOTHER USER, WHETHER ONLINE OR OFFLINE, OR (V) ANY BACKGROUND CHECK, REGARDLESS OF WHETHER ORDERED BY A USER OR GETSIDEKICKS.

  1. LIMITATION OF LIABILITY FOR NON-GETSIDEKICKS ACTIONS. IN NO EVENT WILL GetSidekicks OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE OR SERVICES, AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY OTHER USERS.

  2. NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER GETSIDEKICKS NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.

  3. MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, GETSIDEKICKS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO GETSIDEKICKS IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.

  4. SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
     

Q. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GETSIDEKICKS OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER GETSIDEKICKS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GETSIDEKICKS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM.
 

R. INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold GetSidekicks and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any User; and (d) the request or receipt or offer or provision of Pro Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Pro Services.

Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold GetSidekicks and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

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

S. GENERAL

Force Majeure: Other than payment obligations, neither GetSidekicks nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by GetSidekicks on the Platform, will constitute the entire agreement between you and GetSidekicks concerning the Platform or Pro Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.

Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term, and GetSidekicks's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations will not apply to residents of New Jersey.

Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@GetSidekicks.com.

SMS PRIVACY POLICY

 

GetSidekicks, Inc. may disclose Personal Data and other information as follows:

  • Third Parties that Help Provide the Messaging Service: We will not share your opt-in to an SMS short code campaign with a third party for purposes unrelated to supporting you in connection with that campaign. We may share your Personal Data with third parties that help us provide the messaging service, including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages.

  • Additional Disclosures: - Affiliates: We may disclose the Personal Data to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Data will be subject to this Policy.

  • All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

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