Sided.co Website Terms of Use
Last Updated: August 24, 2024
1. Acceptance of Terms
These
Website Terms of Use (these “Terms”) govern your access to websites and related services
operated by or on behalf of Sided, Inc. (“Sided” “we,” “our,” or “us”). These Terms are important and affect your
legal rights, so please read them carefully. Note that Section 15 (Arbitration)
of these Terms contains a mandatory arbitration provision that requires the use
of arbitration on an individual basis and limits the remedies available to you
in the event of certain disputes.
By accessing or
using the sided.co
website and our various related websites, products, and services, and Sided
white labeled or private labeled websites provided by our third party
publishers (collectively, the “Sided Services”), you agree to be bound by these Terms and all
of the terms incorporated herein by reference.
You must be 18 years of age or older to use the Sided
Services. By accepting these Terms, you represent that you have the legal
authority to do so, and that, if you have accepted these Terms on behalf of any
person or entity, you represent that you have legal authority to do so and that
such person or entity agrees to be responsible to us if you or such person or
entity violates these Terms. If you do not agree to every provision of these
Terms, you may not, and we do not authorize you to, access or use the Sided
Services or any features provided therein.
By accessing or using the Sided Services, you
represent and warrant that you have not been previously suspended or removed
from the Sided Services or engaged in any activity that could result in
suspension or removal from the Sided Services.
You should not construe Sided’s publication of any content found on the Sided Services
as an endorsement by Sided of the views expressed therein, or any warranty or
guarantee of any information, strategy, recommendation, action, application or
material made by the author of such content.
We may revise these Terms at any time for any reason
and may provide you notice of these changes by any reasonable means, including
through the Sided Services. You can determine when we last updated these Terms
by referring to the “Last Updated” legend at the top
of these Terms. Except to the extent that your express consent to any revised
Terms is required under applicable law, by continuing to access, browse or use
the Sided Services, you agree to any revised Terms. If you do not agree to any revised
Terms, you may not and we do not authorize you to use
the Sided Services. We strongly recommend that you periodically visit this page
to review these Terms.
2. User Registration
In order to access and use certain areas or features of the Sided
Services, you may need to create and account, and/or provide certain
information and/or answer certain questions. Each registration is for a single
user only.
If you choose to create an account and thereby create,
or are provided with, a username, password, or any other piece of information
as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You
also acknowledge that your account is personal to you and agree not to provide
any other person with access to this website, or Sided Services, or portions of
it using your username, password, or other security information. You agree to
notify us immediately of any unauthorized access to or use of your username or
password or any other breach of security. You also agree to ensure that you
exit from your account at the end of each session. You should use particular caution when accessing your account from a public
or shared computer so that others are not able to view or record your password
or other personal information.
You agree to (a) provide accurate, current and
complete information, (b) maintain and promptly update, as necessary, your
information, (c) be responsible for the acts or omissions of any third party
who has authority to access or use the Sided Services on your behalf, and (d)
immediately notify us if you discover or otherwise suspect any security
breaches related to the Sided Services. If you provide information that is
untrue, inaccurate, not current or incomplete, we may suspend and/or terminate
your current or future use of the Sided Services.
By providing information and/or answering questions,
you also consent to receive electronic communications from Sided (e.g., via email,
text message, or by posting notices to the Sided Services). You should maintain
copies of electronic communications from us by printing a paper copy or saving
an electronic copy.
We may also send you promotional communications via
email, including, but not limited to, newsletters, special offers, surveys and
other news and information we think will be of interest to you. You may opt out
of receiving these promotional emails at any time by following the unsubscribe
instructions provided therein.
3. Right to Access and
Use the Sided Services and Content
Unless
otherwise indicated in writing by us, the Sided Services and all content and
other materials contained therein, including, without limitation, the SIDED™ mark, the SIDED™
logo,
and all designs, text, graphics, pictures, information, data, software, video,
audio, displays, features, functionality, other files and the design, selection
and arrangement thereof (collectively, “Content”) are the property of Sided or our licensors or
users, as applicable, and are protected by U.S. and international copyright,
trademark, patent, trade secret, and other intellectual property or proprietary
rights laws.
Subject to these Terms, you are hereby granted a
limited personal, revocable, non-exclusive, non-transferable, non-sublicensable
right to access, view and make personal, non-commercial use of the Sided
Services and Content. All rights not expressly granted herein are reserved. You
do not acquire any ownership interest in the Sided Services or Content under
these Terms, or any other rights thereto other than to use the Sided Services
in accordance with the rights granted by, and subject to all terms, conditions
and restrictions of these Terms.
You may use the Sided Services only for lawful
purposes and in accordance with these Terms of Use. You do not have any right
to, and you shall not, directly or indirectly: (a) sell, resell or use
commercially the Sided Services or Content, (b) distribute, publicly perform or
publicly display the Sided Services or any Content, (c) modify or otherwise
make any derivative uses of the Sided Services or Content, or any portion
thereof, (d) use any data mining, robots or similar data gathering or
extraction methods, (e) download (other than page caching) any portion of the
Sided Services or Content, except as expressly permitted by us, (f) use the
Sided Services to stalk, threaten, harm, or otherwise violate the rights of
others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Sided
Services or servers or networks used in connection with the Sided Services; (h)
use the Sided Services in any manner that could disable, overburden, damage, or
impair the website or interfere with any other party’s use of the Sided Services, including their ability to engage in real
time activities through the Sided Services; (i) use
any robot, spider, or other automatic device, process, or means to access the
Sided Services for any purpose, including monitoring or copying any of the
material on the website; (j) use any manual process to monitor or copy any of
the material on the website, or for any other purpose not expressly authorized
in these Terms of Use, without our prior written consent; (k) use any device,
software, or routine that interferes with the proper working of the website
and/or Sided Services; (l) introduce any viruses, Trojan horses, worms, logic
bombs, or other material that is malicious or technologically harmful; (m)
attempt to gain unauthorized access to, interfere with, damage, or disrupt any
parts of the website, the server on which the website is stored, or any server,
computer, or database connected to the website and/or the Sided Services; (n)
attack the website via a denial-of-service attack or a distributed
denial-of-service attack; or (o) use the Sided Services or Content other than
for their intended purposes.
Additionally, you agree not to: (a) use the Sided
Services to send, knowingly receive, upload, download, use, or re-use any
material that does not comply with these Terms of Use; (b) use the Sided
Services to transmit, or procure the sending of, any advertising or promotional
material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (c) use the
Sided Services to impersonate or attempt to impersonate Sided, a Sided
employee, another user, or any other person or entity (including, without
limitation, by using email addresses associated with any of the foregoing); (d)
use the Sided Services to engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment
of the Sided Services, or which, as determined by us, may harm Sided or users
of the Sided Services, or expose us or them to liability; or (e) use the Sided
Services in any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other countries).
Any use of the Sided Services or Content other than as
specifically authorized herein, without our prior written permission, is
strictly prohibited and will terminate the right of access and use granted
herein. Such unauthorized use may also violate applicable laws, including,
without limitation, copyright and trademark laws and applicable communications
regulations and statutes. Except as expressly permitted herein, nothing in
these Terms shall be construed as conferring any right or license to any patent,
trademark, copyright or other proprietary rights of Sided or any third party,
whether by estoppel, implication or otherwise.
You will not remove, alter or conceal any copyright,
trademark, service mark or other proprietary rights notices incorporated in or
accompanying any Content and you will not reproduce, modify, adapt, prepare
derivative works based on, perform, display, publish, distribute, transmit,
broadcast, sell, license or otherwise exploit any Content.
We reserve the right in our sole discretion to modify,
suspend or discontinue, temporarily or permanently, the Sided Services (or any
features or parts thereof) at any time.
4. Trademarks
The SIDED™ mark, SIDED™ logo, and any other Sided product or service names, trademarks, logos, or other
indicia that may appear on the Sided Services (“Marks”) are the property of Sided or its
subsidiaries, affiliates or third parties, and may not be copied, imitated or
used, in whole or in part, without our prior written permission. Nothing
contained in these Terms and/or the Sided Services shall be construed as
granting, by implication or otherwise, any license or right to use any such
Marks without the prior written permission of Sided or such third party
that may own such Marks.
5. Legal Requirements;
Privacy Policy
Our Privacy Policy describes how we handle the
personal information you provide to us when you use the Sided Services. For an
explanation of our privacy practices, please visit our Privacy Policy located
at https://sided.co/privacy-policy.
6. User Content
You are solely responsible and liable for all data,
information, marks, images, text, content and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise
transmit (“Transmit”) in connection with the Sided Services. In addition,
we have no control over, and shall have no liability for, any damages resulting
from the use (including without limitation, republication) or misuse by any
third party of information made public through the Sided Services. IF YOU
CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE,
YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
Any User Content you post to the Sided Services site
will be considered non-confidential and non-proprietary. You must not Transmit
User Content if you are not the owner of or are not fully authorized to grant
rights in all of the elements of that User Content.
Sided disclaims any and all liability in connection
with User Content. You are solely responsible for your User Content and the
consequences of providing User Content via the Sided Services. By providing any
User Content on the website, or through the Sided Services, you grant us and
our affiliates and service providers, and each of their and our respective
licensees, successors, and assigns the right to use, reproduce, modify,
perform, display, distribute, and otherwise disclose to third parties any such
material for any purpose. By providing User Content via the Sided Services, you
affirm, represent, and warrant to us that: (i) you own or control all rights in and to the User Content
and have the right to grant the license granted above to us and our affiliates
and service providers, and each of their and our respective licensees,
successors, and assigns; and (ii) all of your User Content do and will comply
with these Terms of Use. You understand and acknowledge that you are
responsible for any User Content you submit or contribute, and you, not Sided,
have full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any third
party for the content or accuracy of any User Content posted by you or any
other user of the website or through the Sided Services.
You agree that you will not,
and will not permit anyone else to, directly or indirectly: (a) Transmit any
User Content that is unlawful, harmful, threatening, abusive, hateful, obscene,
harassing, tortious, defamatory, libelous, slanderous, pornographic, profane,
vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b)
Transmit any User Content: (i) that you do not have
the right to Transmit, under any law or contractual or fiduciary relationships,
including, without limitation, any inside information or proprietary or
confidential information; (ii) that infringes any patent, copyright, trademark
or other intellectual property right or misappropriates any trade secret or
right of privacy of any third-party; (iii) that constitutes unsolicited or
unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes;
or (iv) that contains any software routine, code, instruction or virus that is
designed to disable, delete, modify, damage or erase software, hardware or
data; (c) forge headers or otherwise manipulate identifiers in order to
disguise any User Content Transmitted through the Sided Services; (d) Transmit
any User Content that will likely deceive any user or person; (e) Transmit any
User Content that promotes any illegal activity, or advocate, promote, or
assist any unlawful act; (f) Transmit any User Content that gives the
impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case; (g) Transmit User Content likely to cause
annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
alarm, or annoy any other person; or (h) Transmit any User Content that violate
the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be in conflict with
these Terms of Use and our Privacy Policy.
Although
we have no obligation to screen, edit or monitor User Content, we reserve the
right, and have absolute discretion, to remove, screen or edit User Content
posted or stored on the Sided Services at any time and for any reason, and you
are solely responsible for creating backup copies of and replacing any User
Content you post or store on the Sided Services at your sole cost and expense.
We have the right to take any
action with respect to any User Content that we deem necessary or appropriate
in our sole discretion, including if we believe that such User Content violates
the Terms of Use, infringes any intellectual property right or other right of
any person or entity, threatens the personal safety of users of the website,
Sided Services, or the public, or could create liability for Sided. We may
disclose your identity or other information about you to any third party who
claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy. We have the right to
take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the website, or Sided
Services, and may terminate or suspend your access to all or part of the Sided
Services for any or no reason, including without limitation, any violation of
these Terms of Use.
Without limiting the
foregoing, we have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the identity
or other information of anyone posting any materials on or through the Sided
Services. YOU WAIVE AND HOLD HARMLESS SIDED AND ITS AFFILIATES, LICENSEES, AND
SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE
FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY
EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7. Rights in User
Content
We do not claim any ownership interest in User
Content. However, by uploading, posting or submitting User Content to the Sided
Services or to our pages, surveys, polls, or feeds or on third-party social
media platforms, you hereby grant Sided a nonexclusive, royalty-free, worldwide, perpetual,
irrevocable and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and publicly display your User Content, in whole or in part, in any
manner or media and for any purpose whatsoever at our sole discretion,
including, without limitation, for publicity, promotional, advertising, trade,
business, illustration, artistic and other commercial and noncommercial
purposes. However, Sided will only share personal information that you provide
in accordance with our Privacy Policy.
You agree that Sided may disclose or use any User Content for any purposes
permitted under applicable law, including, but not limited to: (a) enforcing
these Terms; (b) complying with any laws, regulations or rules of any federal,
state or local government or agency; (c) responding to claims that any User
Content violates the rights of third parties; or (d) protecting the rights or
property of Sided, its customers or the
public.
8. Feedback
Separate and apart from User Content, you can submit
questions, comments, suggestions, ideas, original or creative materials or
other information about Sided, or the Sided
Services (collectively, “Feedback”). Feedback shall
become the sole property of Sided. Sided shall own exclusive rights, including, without
limitation, all intellectual property rights, in and to Feedback and shall be
entitled to the unrestricted use and dissemination of Feedback for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
9. Reliance on Information Posted
10. Third-Party Sites;
Published Pages; Advertising Sites
We have not reviewed all of the websites linked to the
Sided Services, nor published white labeled or private labeled sites used by
users and publishers of the Sided Services, and are not responsible for the
content of any third-party pages, third-party polls, third-party surveys, user
polls or surveys, or any other websites linked to the Sided Services, or any
products or services offered by third parties or Sided publishers or Sided
users. Nothing in the Sided Services, including, without limitation, any links
to other websites, surveys, and polls, should be construed as an endorsement by
Sided of any products, services or information of any other persons or
companies. Your choice to access a link to any other website, poll, or survey,
is at your own risk, and you agree to comply with all terms and conditions
relating to such websites. Sided reserves the right not to link, or to remove the link,
to a particular website at any time.
Any links to third-party websites, surveys, polls, or
pages, are provided as a convenience to you and are neither owned nor operated
by Sided. We have no control over
these linked websites and make no representations or warranties with respect to
these linked websites or third-party products or services. Your
viewing and use of any third-party websites is at your sole discretion and
risk.
The website and Sided Services may contain advertising
banners and related links to other sites and resources provided by third
parties, these links are provided for your convenience only. This includes
links contained in advertisements, including sponsored links. We do not endorse
any particular site, advertising, or related services
or product offering. We have no control over the content of those sites or resources, and accept no responsibility for them or for any
loss or damage that may arise from your use of them. If you decide to access
any of the third-party websites linked to this website or Sided Services, you
do so entirely at your own risk and subject to the terms and conditions of use
for such websites.
11. Online Purchases and Subscriptions; No
Refunds
You hereby authorize Sided and its
authorized agents and third party service providers to
effect payments you authorize through the Sided Services. You may be asked to
make payments through a third party payment service
provider such as Stripe (“Merchant Services”). You represent and warrant
that any and all financial information you provide is
accurate and up to date, and you have authority to authorize any such payment
you make through the Sided Services, or through Merchant Services. You
understand and agree that your use of any Merchant Services will be governed
exclusively by such merchant’s terms and conditions. We may, in our sole
discretion, limit or cancel orders or particular quantities
purchased per person, per household, or per order, as applicable. These
restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors, or for
questionable purposes. You understand and agree that Sided is not responsible
for your nor any third party’s obligations relating to any Merchant Services
and Sided specifically disclaims any liability relating thereto. You may not
use our products/services for any illegal or unauthorized purpose.
The products and services offered through
the Sided Services are for entertainment purposes only. Some products and
services may be provided by certain publishers and not by Sided directly. You
understand and agree that your use of the products and services are at your own
risk. All
prices, discounts, and promotions posted through the Sided Services are subject
to change without notice. The price charged for a product or service will be
the price in effect at the time the order is placed and will be set out in your
order confirmation, or will be as provided under a
Master Services Agreement and/or License Agreement. Price changes will only
apply to orders placed after such changes. We strive to display accurate price
information, however, We may, on occasion, make
inadvertent typographical errors, inaccuracies, or omissions related to pricing
and availability. We reserve the right to correct any errors, inaccuracies,
and/or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions through the Sided Services that may
affect pricing and that may be governed by terms and conditions separate from
this Terms of Use. If there is a conflict between the terms for a promotion and
this Terms of Use, the promotion terms will govern.
You may choose to enroll in a subscription
service, in accordance with an agreed upon Master Services Agreement (“MSA”).
Such subscriptions will continue and automatically renew unless canceled,
unless otherwise provided in the MSA. You consent to our charging your payment
method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order. If you
have any questions or are unsatisfied with our Sided Services, please contact
us at our contact page: https://sided.co/contact.
All sales are final. Sided does not offer or issue any
refunds, nor any money-back guarantees, nor credits, unless specifically
provided for in the Pricing Agreement. You acknowledge and agree that you shall
not be entitled to a refund for any purchase or subscription under any
circumstances.
12. Indemnification
You
shall indemnify, hold harmless, and, at Sided’s option, defend Sided and its affiliates and subsidiaries from and against
any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Sided resulting from any third-party claim, suit, action or
proceeding relating to or arising from your use of the Sided Services, any User
Content, any Feedback you provide, any violation of these Terms by you, or any
other act or omission by you, including your violation of any rights of
another, arising from your use of the Sided Services or any of its features.
You further agree that Sided shall have control of the defense or settlement of any
third-party claims unless Sided exercises its option to require you to defend Sided. This indemnity is in addition to, and not in
lieu of, any other indemnities set forth in a written agreement between you and Sided.
13. General Disclaimers
THE
SIDED SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SIDED DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR
ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SIDED
SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TO OR FROM THE SIDED SERVICES. SIDED HEREBY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY
RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
SIDED DOES NOT REPRESENT
OR WARRANT THAT THE SIDED SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT
DEFECTS WILL BE CORRECTED; OR THAT THE SIDED SERVICES OR THE SERVERS THAT MAKE
THE SIDED SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT
LIMITATION, VIRUSES. SIDED DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT
THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SIDED SERVICES IS ACCURATE,
COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SIDED SERVICES IS AT
YOUR SOLE RISK. SIDED DOES NOT WARRANT THAT YOUR USE OF THE SIDED SERVICES IS
LAWFUL IN ANY PARTICULAR JURISDICTION. SIDED SPECIFICALLY
DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY
TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SIDED SERVICES YOU REPRESENT
AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU
ACCESS OR USE THE SIDED SERVICES.
14. Limitation of
Liability; Waiver
TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIDED BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING,
BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA,
LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS
INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF
THE SIDED SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO
THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE,
OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SIDED, OR FROM EVENTS BEYOND SIDED’S REASONABLE CONTROL,
REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR
ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SIDED HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SIDED ARISING OUT OF OR IN ANY WAY RELATED
TO THE SIDED SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR
ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SIDED’S SOLE LIABILITY AND
OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY 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.”
15. Arbitration
PLEASE
READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE
CERTAIN DISPUTES AND CLAIMS WITH SIDED AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
US.
YOU AND SIDED AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING
OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SIDED SERVICES SHALL BE
FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN
ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to
decide a dispute (instead of a judge or jury); arbitration allows for more
limited discovery than in a court case; and the arbitration process and result
is subject to very limited review by courts. In an arbitration you have the
right, at your expense, to be represented by an attorney of your choosing.
Arbitrators can award the same damages and relief under these Terms that a
court can award under these Terms. You and Sided agree that any in-person arbitral hearing would occur
in San Diego, California, in the United States. Sided further agrees that
your filing fee for an arbitration will be capped at the amount set by the
American Arbitration Association. You agree that, by agreeing to these Terms,
the U.S. Federal Arbitration Act governs the interpretation and enforcement of
this provision, and that you and Sided are each waiving the right to a trial by jury and/or
to participate in a class action. This arbitration provision shall survive
termination of these Terms and the termination of your use of the Sided
Services. Further, unless both you and Sided agree otherwise, the arbitrator may not join or
consolidate more than one person’s claims with your claims and may not otherwise preside over any form of
a representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision shall be null
and void. The arbitrator may award declaratory or injunctive relief only in
favor of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party’s individual claim.
16. Class Action Waiver
REGARDLESS OF THE FORUM, YOU AND SIDED AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
17. Termination
Notwithstanding
anything contained in these Terms, we reserve the right, without notice and in
our sole discretion, to terminate your right to access or use the Sided
Services at any time and for any or no reason, and you acknowledge and agree
that in such event we shall have no liability or obligation to you.
18. Governing Law and
Jurisdiction
Sided operates the Sided Services from Delaware, U.S.A. These Terms and the transactions they
contemplate, including without limitation their interpretation, construction,
performance and enforcement, shall be governed by the laws of the State of Delaware, U.S.A., including its statutes of
limitations, but without reference to conflict or choice of law provisions. The
International Convention on the Sale of Goods, and other international treaties
that are not mandatory with respect to contracts made and performed entirely in Arizona shall not apply.
19. Notice
All
notices, demands, or consents given by you under these Terms will be in writing
and will be deemed given when delivered to Sided at the following contact: support@sided.co. Any
notices to you may be made via either e-mail or postal mail to the address in Sided’s records or via
posting on the Sided Services. You agree that any notices, agreements,
disclosures or other communications that we send to you electronically will
satisfy any legal communication requirements, including, but not limited to,
that such communications be in writing.
Persons with disabilities who need assistance
accessing these Terms may contact us as provided for in this Section, and
depending on your individual needs, we will grant reasonable requests to
furnish these Terms in an alternative format.
20. Severability
If any
term, clause or provision of these Terms is held invalid or unenforceable, then
that term, clause or provision will be severable from these Terms and will not
affect the validity or enforceability of any remaining part of that term,
clause or provision, or any other term, clause or provision of these Terms.
21. Procedure for
Making Claims of Copyright Infringement
If you
believe in good faith that any of the content on the Sided Services infringes
your copyright, please provide our copyright agent the following written
information: (a) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (b) a description of
the copyrighted work that you claim has been infringed; (c) a description of
where the material that you claim is infringing is located on the Sided
Services; (d) your address, telephone number and email address; (e) a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and (f) a statement by
you, made under penalty of perjury, that the information in the notice is
accurate and that you are the copyright owner, or are authorized to act on
behalf of the owner, of an exclusive right that is allegedly infringed.
Sided’s copyright agent for notice of claims of copyright
infringement can be reached as follows:
Sided, Inc.
Attn: Adam Viccaro
4653 Carmel
Mountain Road
San Diego, CA 92130 US
legal@sided.co
22. Miscellaneous
The
Sided Services are hosted in the United States of America. If you are located
outside of the United States of America and you contact us, please be advised
that any information you provide to us will be transferred to the United States
of America and that by submitting information, you explicitly authorize such
transfer. These Terms constitute the entire agreement between you and Sided relating to your
access to and use of the Sided Services. These Terms, and any rights granted
hereunder, may not be transferred or assigned by you without the prior written
consent of Sided. No waiver of any
provision of these Terms will constitute a waiver of such provision in any
prior, concurrent or subsequent circumstance, and Sided’s failure to assert any right or provision under these
Terms shall not constitute a waiver of such right or provision. Except as
otherwise provided herein, these Terms are intended solely for the benefit of
the parties and are not intended to confer third-party beneficiary rights upon
any other person or entity.