Sidekick Technologies, Inc.
Website, App and Online Services
Please read carefully the following terms and conditions relating to your use of the website www.sidekickhome.com and related software applications of Sidekick Technologies, Inc. Welcome to www.sidekickhome.com, a marketplace where individuals and/or businesses seeking services (“Customers” or “you”) can obtain information about and contract for services with individuals and/or businesses who can provide such services (“Service Providers”) to Customers. The services being provided by Service Providers to Customers are herein referred to as “Third Party Services”. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and software applications (the “Services”).
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). “You” and “your” apply to both Customers and Service Providers for the purposes of these Terms, unless indicated otherwise.
2. Scope of these TOU
Sidekick Technologies, Inc. ("Sidekick" or “Company”) reserves the right to update these TOU at any time without notice to you. These TOU apply to the above-listed websites of Sidekick, successor domain names that Sidekick may make available from time to time and the online services contained or hosted on those Sidekick websites as well as the contractor services provided by or through our website (collectively known as the "Sites or Services"). To the extent that certain areas of the Sites or Services require registration and/or may be subject to additional terms and conditions of use, Sidekick will provide you with notice of those additional terms and conditions on registration.
Sidekick serves as a platform to connect Customers in need of Third Party Services with Service Providers who may provide such services. Service Providers provide Third Party Services directly and assume responsibility for all aspects of the Third Party Services except as specified hereunder. Sidekick does not provide, or exercise any control or oversight over, Third Party Services. Any contract for Third Party Services is strictly between the applicable Customer and Service Provider. Sidekick makes no representations and provides no warranties regarding the quality, legality, suitability, reliability, timeliness, or accuracy of any Third Party Services or information provided through Sidekick Services. Sidekick may screen Customers and/or Service Providers, but all users should exercise caution and common sense to protect personal safety and property when interacting with other users. NEITHER Sidekick NOR ITS AGENTS OR AFFILIATES ARE RESPONSIBLE FOR THE REPRESENTATIONS OR ACTIONS OR OMISSIONS OF ANY USER OF THE SERVICE, WHETHER ONLINE OR OFFLINE AND WHETHER WITHIN OR OUTSIDE OF THE SERVICES. BECAUSE Sidekick IS NOT THE PROVIDER OF THIRD PARTY SERVICES, IF A DISPUTE ARISES AMONG ONE OR MORE USERS OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, BETWEEN A CUSTOMER AND A SERVICE PROVIDER, OR BETWEEN MULTIPLE SERVICE PROVIDERS AND/OR CUSTOMERS), YOU HEREBY RELEASE Sidekick (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM, AND SHALL INDEMNIFY Sidekick AGAINST, ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. We do not expect that you will have a dispute with your Service Provider. However, if a dispute with any Service Provider should arise, Sidekick reserves the right in its sole discretion to attempt to resolve any such dispute. You agree that prior to taking any legal action against a Service Provider, you will give Sidekick 30 days’ written notice prior to doing so and you will participate in a resolution of any dispute in good faith. Notwithstanding the foregoing, you agree that Sidekick shall not be liable for any actions or omissions in connection with its attempts to resolve any disputes.
You may be required to sign up for an account, and select a password and user name (“Sidekick User ID”). When registering for or using the Service, you promise to provide us with accurate, complete, and updated information. You may not select as your Sidekick User ID a name that you don’t have the right to use, or another person’s or entity’s name with the intent to impersonate that person or entity. You may not transfer your account to anyone else without our prior written permission.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account, including but not limited to charges incurred.
Service Providers are not employees of Sidekick, but are independent contractors that agree to provide Third Party Services to Customers. Each Service Provider is responsible for its compliance with applicable federal, state and local employment and wage laws.
Sidekick is not a Service Provider, does not provide any Third Party Services itself, and is not the agent of either contracting party for any purpose. Sidekick provides a variety of features and functionality through the Services to help Customers and Service Providers connect, communicate and smoothly execute their transaction. Sidekick is not a general contractor or subcontractor, and the Service Provider is not a subcontractor of Sidekick. You contract directly with the Service Provider.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Commercializes or leverages Sidekick Services as a separate business;
(b) Infringes or violates the intellectual property rights or any other rights of anyone else (including Sidekick);
(c) Violates any law or regulation;
(d) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(e) Jeopardizes the security of your Sidekick account or anyone else’s (such as allowing someone else to log on as you on the Services);
(f) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(g) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(h) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(i) “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
(j) Copies or stores any significant portion of the Content;
(k) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Company may from time to time offer certain Jobs in certain markets at a “Flat Rate” price. The “Job Definition” for such offers will typically involve special conditions and exclusions in addition to the definition of the Job itself. Service Providers performing these Jobs will invoice Customers the “Flat Rate” price plus any applicable permit costs and taxes. If Service Provider determines the actual scope of a Job exceeds the Job Definition of an applicable “Flat Rate” offering, the Service Provider will get approval from Sidekick and the Customer before moving forward with the Job. If Customer wants additional services, whether they be related to the original Job but excluded from the Job Definition, or whether they be otherwise, Service Provider will invoice the Customer for the additional labor, materials, permits and taxes.
In order to book a Job and obtain an appointment with a Service Provider, you may be required to have a payment method such as a credit card on file with your Sidekick account. Sidekick in its sole discretion will determine the acceptable payment method(s) for each Job. Sidekick may in its sole discretion facilitate Customer payments to Service Providers as such Service Provider’s limited payment collection agent. Customer payments collected in such manner shall be considered the same as payments made directly from Customer to Service Provider. Payment is due from Customer upon receipt of each Invoice, and for some Jobs there may be more than one Invoice. Customer agrees that use of the Services will result in charges for services provided. Sidekick will inform Customer via SMS and/or email of the summary of charges (totals) before charging their payment method on file.
Company may offer to confirm an appointment with a Service Provider within a specific amount of time and/or schedule a Job for a particular date and time. In such cases, Company will make reasonable efforts to contact an appropriate Service Provider within that time frame and obtain confirmation of a suitable appointment. However, Company cannot guarantee, and ability to confirm appointments depends upon, Service Provider availability and in some cases the service location. Company also reserves the right to cancel a scheduled Job based on Service Provider availability.
Company may offer a “Sidekick Guarantee” on some Jobs (“Sidekick Guarantee Jobs”). If you are not satisfied with the quality of the project on a Sidekick Guarantee Job, we will work closely with you and the Service Provider to resolve the issue. If the Service Provider does not resolve the matter to your satisfaction, we will spend up to the lesser of $1,000 or the original cost of the service towards having another Service Provider correct the problem.
Each Customer acknowledges and agrees that Sidekick assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of Content, and/or (ii) personal injury or property damage, of any nature whatsoever, arising from its use of Sidekick Services and/or the provision of any Third Party Services by Service Providers. Customer acknowledges and agrees that it may be subject to screening by Sidekick. Customer acknowledges that Sidekick cannot guarantee that there are/will be Service Providers who are capable of or willing to complete requested Third Party Services, and that Third Party Services and associated costs may vary during the course of a Third Party Services project.
IN NO EVENT WILL SIDEKICK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR SERVICES INCLUDING WITHOUT LIMITATION ANY SOFTWARE, ONLINE SERVICES OR DOCUMENTS AVAILABLE VIA THE SITES OR SERVICES.
- SIDEKICK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHATABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Documents: Permission to use documents, such as help topics, white papers, datasheets and FAQs ("Documents") that are made available through the Sites or Services is granted, provided that (1) the copyright notice which exists on the document appears in all copies, (2) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast on any media, and (3) no modifications of the Documents are made. Use for any other purpose, unless permission is otherwise granted by the Document copyright owner, is expressly prohibited by law, and may result in civil or criminal penalties.
- Documents specified above do not include the design or layout of the Sites or Services. Elements of the design or layout of the Sites or Services are protected by trade dress, trademark, unfair competition, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Sites or Services may be copied or transmitted unless expressly permitted by Sidekick.
- SIDEKICK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE DOCUMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SIDEKICK AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITION WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- SIDEKICK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHATABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
4. Acceptable Use Policy
The goal of Sidekick is to provide high quality services to the customers. Sidekick reserves the right, in Sidekick's sole and exclusive discretion, to remove any content for any reason, including but not limited to, reasons listed in this Acceptable Use Policy. The Acceptable Use Policy below defines the actions relating to the content provided through the Sites which Sidekick considers to be inappropriate and thus prohibited. The examples named in this list are in addition to the types of content identified in any other applicable agreement, are non-exclusive, and are provided solely for your guidance. If you are unsure whether any contemplated use or action is permitted, please send an email in advance to email@example.com and Sidekick will assist you.
Actions which Sidekick considers inappropriate include, but are not limited to, the following:
- Using the Sites or Services to post any content of the nature set forth in 47 U.S.C. Section 230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable);
- Using the Sites or Services to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
- Using the Sites or Services to post any content that holds Sidekick (including its affiliates), employees or shareholders or any other person or entity up to public scorn or ridicule;
- Using the Sites or Services to post any content that violates any copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights of others;
- Failing to obtain all required permissions when using the Sites or Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
- Deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner;
- Using the Sites or Services in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;
- Introducing viruses, worms, harmful code and/or Trojan horses on the Internet;
- Misrepresenting your identity to access the Sites or Services, or misrepresenting your identity in any way while using the Sites or Services or with the aid of the Sites or Services;
- Using the Sites or Services in any way to transmit or distribute any unsolicited bulk or unsolicited commercial email (i.e., spam);
- Using any tools, programs, robotic algorithms or products to automatically download or "spider" the Sites or Services;
- Otherwise using the Sites or Services in violation of any applicable laws;
- Using the Sites or Services to resell, remarket, repackage or redistribute any portion of the Services or offer these Services to others.
Sidekick may and will terminate your access credentials (i.e., any user IDs, user names, passwords, etc.) to the Sites or Services immediately if, in its sole discretion, Sidekick believes that your conduct fails to conform to these TOU or any other applicable agreement, terms, or conditions. Without limiting the foregoing, if you use or attempt to use the Sites or Services for any purposes other than the purposes intended or contemplated as acceptable by Sidekick (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Sites or Services), you may also be subject to civil and criminal liability.
5. User Accounts, Passwords, and the Obligation of Confidentiality
If any part of the Sites or Services requires you to register a user account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration process. You will also choose a password and, where appropriate, a user name or ID. By electronically registering a user account, you indicate that you agree, whether by electronic signature, "clickwrap" assent, or other applicable manifestation of assent, to enter relevant agreements through electronic means and to be bound by the terms and conditions to which you assent electronically, by whatever means. You also acknowledge that other parties have registered accounts with Sidekick for the Sites and Services and may in some cases post user-generated content. You acknowledge that Sidekick has minimal control over such user-generated content. Accordingly, Sidekick cannot and does not make any claim that the content contained in the Sites and Services is accurate, appropriate to you, or inoffensive.
You are entirely responsible for maintaining the confidentiality of your password and account information (including the user name or ID). Furthermore, you are entirely responsible for any events which are caused to occur by any person or entity who may be accessing or using any of the Sites or Services and whose permission for access to the Sites or Services are authenticated by your credentials (i.e., user ID or user name and password). You agree to notify Sidekick immediately of any unauthorized use of your account or any other breach of security which may be associated with the confidentiality of your account information. Sidekick will not be liable for any loss you may incur as a result of someone else using your confidential account information, either with or without your knowledge. However, you could be held liable for losses incurred by Sidekick or another party due to the actions of another person or entity who is using your account or password. You may not use any account other than your own to access or use the Sites or Services without the express permission of the owner of that other account.
7. Intellectual Property Rights
Sidekick and/or its suppliers retain all right, title and interest in and to the Sites and Services, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Sidekick reserves all rights not expressly granted. These TOU do not grant or imply any rights to any Sidekick or supplier trademarks, trade names or logos.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to share your User Submissions with other users (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our privacy terms to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant Sidekick a worldwide, royalty free, fully paid up, perpetual, irrevocable, fully sublicensable license to use, reproduce, display, perform, adapt, translate, modify, distribute, make derivative works of and otherwise exploit your User Submissions in any manner we see fit (a “User Submission License”). This is a license only – your ownership in User Submissions is not affected. Sidekick may use your User Submissions in any manner for any purpose, including to advertise and promote Sidekick, the Services and/or the Service Provider. Sidekick may refuse to accept or transmit your User Submissions. Sidekick may decide to not post and/or remove your User Submission(s) from the Services for any reason.
If you store a User Submission in your own personal Sidekick account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Sidekick the User Submission License above for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users or an address for a Service Provider) (a “Limited Audience User Submission”), then you grant Sidekick the User Submission License above for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view (a “Public User Submission”), then you grant Sidekick the licenses above for the purpose of making that Public User Submission accessible to all Sidekick users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Sidekick’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For clarity, Public User Submissions include, without limitation, feedback regarding Services, Third Party Services, Customers, and Service Providers.
Finally, you understand and agree that Sidekick may need to make changes to your User Submissions to conform and adapt those User Submissions for any and all purposes relating to providing the Services (including, without limitation, to make User Submissions compatible with the technical requirements of connection networks, devices, services, or media.
8. Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Sidekick's designated agent. NOTIFICATIONS OF COPYRIGHT INFRINGEMENT MUST CONFORM TO THE FOLLOWING PROCEDURE - NONCONFORMING NOTICES WILL NOT RECEIVE A RESPONSE.
9. Revision or Termination of the Sites or Services
Unless otherwise obligated by a separate agreement, Sidekick reserves the right to modify or discontinue the Sites or Services temporarily or permanently, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that Sidekick shall not be liable to you for any modification, general suspension or discontinuance of any services. Sidekick may, in its sole discretion, refuse or restrict anyone from access to any or all of the Sites or Services at any time.
10. Limitation of Liability
YOU AGREE THAT SIDEKICK SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE SERVICES. SIDEKICK WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO ANY SERVICES, CONTENT, OR RELATED SERVICES, OR ANY VIRUS OR OTHER CONTAMINATION OR ANY USE OR UNAVAILABILITY OF THE SERVICE, CONTENT, OR RELATED SERVICES, EVEN IF SIDEKICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Warranty Disclaimer
THE SERVICE, CONTENT AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, CONTENT AND RELATED SERVICES AT YOUR OWN DISCRETION AND RISK. SIDEKICK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, COMPATIBILITY, ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE SERVICE, CONTENT OR RELATED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Choice of Law; Arbitration.
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures (“Arbitration Rules”) of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive, provisional or emergency relief, from any court of competent jurisdiction prior to any arbitration, or during or after arbitration if permitted under the Arbitration Rules; provided that the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Suffolk County, Massachusetts.