365 Membership Terms & Conditions
You know, the legal stuff.
Membership Terms & Conditions
This General Terms and Conditions of membership is a legal agreement between you/your organization (“You/Your”), and Sidekick Technologies, Inc., a Delaware corporation (“SIDEKICK”) which sets forth the terms and conditions of membership. You understand that the rights of membership, including the right to identify membership, begin only when You have been notified that your application for membership has been accepted.
SIDEKICK membership is open to individuals, corporations, partnerships and other entities involved in the purchase of home repair and general commercial construction services as a consumer of such services.
You may only become a Member if you are 18 years or over.
You do not have an automatic entitlement to Membership and SIDEKICK may, at its sole discretion, elect to:
a. refuse your request to become a Member; or
b. once Membership is granted, suspend, terminate or restrict your Membership at any time.
SIDEKICK is not obliged to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member.
Your Membership is non-transferable.
Once Membership is granted you will only be able to access the services consistent with the class of membership selected. You will be given a unique membership identification number that will be delivered to you at the time you become a Member.
You are responsible for each and every access or use of the membership services that occurs in conjunction with use of your unique membership identification number.
Use of your membership identification number is conclusive evidence that you have accessed the Membership services.
You must use all reasonable efforts to keep your membership identification number confidential.
You must not allow any third party to access your membership identification number and make use of the services on your behalf or their behalf.
You must notify SIDEKICK in writing as soon as you become aware of any unauthorized use of your Member Account and/or identification number.
You acknowledge and agree that you are liable for, and will indemnify SIDEKICK, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the SIDEKICK member services as a Member.
Each member individual, corporation, partnership or other entity will have all membership rights applicable to its class.
Membership Categories and Annual Due:
Sidekick PLUS Members (PLUS Members) who complete an application and pay the fees shall be eligible upon written acceptance by SIDEKICK for full membership as a PLUS Member. PLUS Members receive the following benefits:
• Bi-annual walkthroughs of your home (pre-scheduled)
• Customized seasonal maintenance packages
• Digital profile of your home
PLUS Members will pay annual dues of $240 per household, which can be paid monthly at the rate of $20 per month
Term of Your Membership
This agreement is applicable for the term of your membership. This shall be the term beginning after you have been notified that Your application for membership has been accepted by SIDEKICK and ending on termination, expiration or cancellation of Your membership in SIDEKICK or any earlier termination of this Agreement by SIDEKICK (“Term”). Unless terminated as provided herein, this Agreement shall remain in full force and effect, renewing annually, at the beginning of each anniversary of your initial subscription date. You shall be obligated to pay fees which accrued prior to the effective date of termination, expiration or cancellation. This Agreement shall be suspended upon the suspension of Your SIDEKICK membership.
SIDEKICK shall have the right, in its complete and sole discretion, to terminate the Agreement if you fail to comply with the terms and conditions of the Agreement and as such, breach this Agreement. You shall be obligated to pay dues, assessments, or fees which accrued prior to the effective date of termination. SIDEKICK shall have the right, in its complete and sole discretion, to terminate the Agreement for convenience five days after provision of written notice, provided however, in the event of an exercise of this right, SIDEKICK shall refund all fees and charges paid by the member and not earned by SIDEKICK within thirty days of the termination.
A Member shall be entitled to all of the benefits available to Members of the class of Service selected for the ensuing twelve-month period under the annual plan, commencing on the date of acceptance of the Member’s application for enrollment for each twelve-month period thereafter. SIDEKICK reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement or the Service.
All references in this Membership Terms to “$” and “dollars” are to United States Dollars.
When you want to become a Member and use the SIDEKICK services (“Services”), you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
SIDEKICK, its licensors, advertisers or affiliates own all:
a. the content of the marketing materials and websites (Site);
b. the look and feel, design and the organization of the marketing materials and Services;
c. the compilation of the materials on the Services; and
d. the intellectual property rights (if any) subsisting in the works described in paragraphs (a), (b) and (c) above.
Your use of the Service does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Services or any intellectual property rights subsisting in any of those things.
Confidential Information and Privacy
SIDEKICK does not warrant or represent that your use of the Services will be confidential.
SIDEKICK is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Services.
While SIDEKICK has taken precautions to protect information that you transmit (over e-mail or otherwise), SIDEKICK does not warrant the security of that information. Once SIDEKICK receives your transmission, SIDEKICK will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you.
When using the Services or dealing with vendors you must respect the privacy and legal rights of other Members.
If a Member provides you with user-names, passwords or other login information or personal information of the Member (Personal Information) you must:
a. make the Member aware that the Personal Information will be available to you; and
b. ensure that the Member is giving you permission to use the Member’s Personal Information; and
c. provide a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
d. use the Personal Information for the limited purposes for which the Member gave permission; and
e. handle the information in accordance with the terms of the privacy notice.
When you become a Member you will have a single account that is accessible by you by e-mail and phone (Member Account).
Injunctive Relief and Other Compensation
You acknowledge that if You breach any obligations under this Agreement, You shall cause damages of an irreparable and continuing nature to SIDEKICK, for which money damages will not provide adequate compensation. Therefore, in addition to any money damages to which SIDEKICK is entitled (which includes SIDEKICK’s right to recover its reasonable attorney’s fees), SIDEKICK also is entitled to an injunction to prohibit your continuing breach of the applicable covenant or otherwise to compel Your specific performance under this Agreement. SIDEKICK shall have the right to obtain such injunctive compensation without having to prove any damages or post any bond.
Limitation of Liability
You agree that You will not sue SIDEKICK for injunctive relief or for any damages on any matter concerning the subject matter of this Agreement. In no event shall SIDEKICK be liable to You or any other for any damages of any type as a consequence of Your actions pursuant to this Agreement, whether such actions are authorized or unauthorized pursuant to the terms of this Agreement.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL SIDEKICK OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR ONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIDEKICK’S MAXIMUM LIABILITY TO YOU UNDER ANY CAUSE OF ACTION IS CAPPED AT THE AMMOUNT OF ANNUAL FEES PAID BY YOU FOR THE MEMBERSHIP.
All notices, which concern this Agreement, shall be given in writing and be effective, as follows.
(a) By actual delivery of the notice into the hands of the party entitled to receive it, in which case such notice shall be deemed given on the date of delivery; or
(b) By mailing such notice by registered or certified mail, return receipt requested, in which case such notice shall be deemed given five (5) days from the date of its mailing.
All notices should be mailed to: SIDEKICK, P.O. Box 756, Hingham, MA 02043 Attention Legal Department, in the case of SIDEKICK, and at Your address as contained in the SIDEKICK records in the case of You.
Any party to this Agreement may change its address for notice purposes, by providing written notice of the change of address to the other party.
If any provision of this Agreement is held invalid or unenforceable, all other provisions shall remain valid, unless such validity would frustrate the purpose of this Agreement, and this Agreement shall be enforced to the full extent allowable under applicable law and a substitute, valid, and enforceable provision most nearly reflecting the original intent shall be developed in place of the invalid provision. No modification to this Agreement is binding, unless in writing.
This Agreement shall be governed by and construed under, and the legal relations among the parties hereto shall be determined in accordance with, the laws of the Commonwealth of Massachusetts, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction.
Members have the right to terminate this Agreement and membership in the Service at any time. A Member may cancel this Agreement and membership in the Service, or their auto-renewal, by sending such request to Attn: Accounting, SIDEKICK, P.O. Box 756, Hingham, MA 02043. If Member cancels their membership before the end of a Membership Term for which Member has paid the Service Fee, the Member cannot receive a refund of such Service Fee nor any portion thereof. Due to the nature of the services provided by SIDEKICK (many of which are accessible immediately upon acceptance) it is understood that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the Service. If Member feels that they have been billed multiple times for the Member Service for one Membership Term, Member should promptly send notice of such, including all membership contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to Attn: Accounting, SIDEKICK, P.O. Box 756, Hingham, MA 02043 and also to email@example.com.
This Agreement is the entire Agreement between You and SIDEKICK relating to the subject matter herein and supersedes all prior and contemporaneous oral or written communications, proposals, and representations with respect to its subject matter except for the Bylaws which are themselves integrated into this Agreement.
SIDEKICK reserves the right to change this Agreement and/or its terms at any time and may eliminate the license granted herein with respect to You individually or all members collectively at any time. Any change to this Agreement and/or its terms shall be effective as of the date of posting to the website of SIDEKICK or actual notice to you, whichever is earlier.
Each Member, for himself/herself, and on behalf of any person who uses the benefits available through the Service (“Membership Beneficiary”), hereby forever releases, acquits and discharges SIDEKICK from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member’s legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all benefits available through the Service. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership.
Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. SIDEKICK will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided.
At your request, SIDEKICK agrees to provide you with a paper copy of any amendments to this Agreement but SIDEKICK will charge you a processing fee and a shipping fee for such service.
a. You have the right to withdraw this consent, but if you do SIDEKICK will immediately terminate this Agreement and/or the Service. To withdraw your consent, please contact SIDEKICK by sending such request to Attn: Membership, SIDEKICK, P.O. Box 756, Hingham, MA 02043.
b. In order for you to access and retain this information, your system must meet the following requirements: (1) A PC or Macintosh compatible computer or other Internet-ready device, (2) Internet Access, (3) An Internet browser such as Internet Explorer 4.0 or above, or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. Your submission of an online application shall constitute your acknowledgement that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements.
c. It is your responsibility to maintain accurate contact information in your member profile and contact SIDEKICK immediately if your electronic or US postal mail address changes and you are unwilling or unable to update the information online. You can contact SIDEKICK to inform us of such changes through the website or via e-mail.