PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND THE SIDEKICK TECHNOLOGY INC. SERVICES. THE TERMS AND CONDITIONS SET FORTH BELOW FORM A LEGALLY BINDING CONTRACT FOR YOUR USE OF THIS SITE AS WELL AS THE PROVISION OF SERVICES TO YOU BY SIDEKICK TECHNOLOGIES, INC. THROUGH ANY MEANS BY WHICH YOU ACCESS THE SERVICES (the “Agreement”).
By using the COMPANY site and receiving the Services, you (“you” or “Homeowner”) signify your agreement to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use and do not intend to be legally bound hereto, you may not use the COMPANY website (“Site”) or Services. Although posted on the Site, this Agreement shall govern and be applicable to any means by which you access and receive the Services (e.g., telephone, facsimile, e-mail, Facebook DM, text).
CONDITIONS OF SALE, PAYMENT TERMS AND TAXES
To purchase any Services from the COMPANY on the Site or otherwise, You must be at least eighteen (18) years of age or the applicable state age of majority. COMPANY does assist in selling products for or to children, but it sells them to adults, who can purchase with a credit card, check or cash. If You are under 18 or the applicable state age of majority, you may use this Site only with involvement of a parent or guardian. Prior to the purchase of any goods or services on this Site or otherwise, you must provide us with payment in one of the forms specified on the Site. You are responsible for paying any governmental taxes imposed on your purchases including, but not limited to, sales, use or value-added taxes. COMPANY shall automatically charge and withhold the applicable sales tax for orders to be delivered to localities that it deems is required.
All text and other materials found within this Site, on sales and marketing materials or otherwise are the property of COMPANY, its Affiliates, or other parties who have licensed material to COMPANY. All text and other materials found within this Site or otherwise provided to you are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by COMPANY or by other parties that have licensed their rights to COMPANY. You may not modify or make any commercial use of any material provided to you by the COMPANY. You may make copies of the materials for your own use as long as you keep intact any copyright and other proprietary notices on the materials, and you may not modify the materials in any way.
“Sidekick” is the trademark of COMPANY. All other trademarks, service marks and logos used on this site, with or without attribution, are the trademarks, service marks or logos of their respective owners (including Affiliates). You may not use the materials on this site in any way that suggests that you are associated with COMPANY or its licensors.
LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES.
This Site and other forms electronic communication by which we may contact you, may contain links to third-party websites, and those websites may offer products and/or services for sale. Other than the Site, COMPANY does not own, control, author, edit, or monitor these other sites. You acknowledge and agree that COMPANY has no responsibility for the protection of personal information on other sites, for the accuracy or availability of information provided on other sites, that COMPANY does not control or endorse the content, products, advertising, or other materials presented on these other sites, and that you release COMPANY from any claims arising out of or in any way connected with any dispute you may have with another site.
You agree that you will comply with all of these Terms and Conditions of Use and that you will not use COMPANY’s names, URLs, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or “spam.”
In addition, you may not transmit to COMPANY in any way any communications, text, graphics or other information that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of this site; or (f) violates any applicable local, state, national or international law.
RESPONSIBILITIES; LEGAL OBLIGATIONS
The Homeowner acknowledges and agrees that the following are legally binding obligations, and as such Homeowner has had the opportunity to consult with an attorney. By accessing the Site and receiving the Services, you agree to be legally bound.
The COMPANY agrees to provide the following services (“Services”) for the Homeowner and the Homeowner agrees these are the legal obligations of the COMPANY:
- Respond to your job inquiries within 24-48 business hours of receipt of Homeowner’s initial request.
- Collect project needs from Homeowner and develop the project scope (“Scope”).
- Pre-qualify and screen each Contractor according to COMPANY’S quality standards and proprietary vetting process, including verification of proper licensing and insurance.
- Provide Homeowner with an estimate for the Scope from approved and preferred contractors (“Contractor”).
- Obtain additional Scope bids at Homeowner’s request.
- On Scopes that meet certain minimum requirements, provide Homeowner with a form agreement to negotiate with Contractor. The COMPANY is not acting as an attorney or agent in the negotiation and signing of such contract.
- Assist in scheduling of the Scope per the agreed upon schedule between you and the Contractor.
- Provide reasonable assistance to you in coming to a resolution for any disputes that arise with the Contractor.
- Work with you to ensure your satisfaction with completion of the Scope and any “punch list” items.
- Invoice you and collect payment on behalf of the Contractor.
- Request Contractor review and rating.
- Work as the Homeowner’s single point of contact throughout entire Scope, providing recommendations and consult where necessary and appropriate.
Homeowner covenants and agrees that COMPANY does not (1) act as a general contractor, construction manager or daily project manager or (2) as a “stand in” should the Homeowner not be available. The Services listed above are the COMPANY’s only obligations to the Homeowner for the fee paid by the Homeowner.
Homeowner agrees to the following legally binding responsibilities and obligations:
- Respond within two (2) days to any COMPANY requests, proposals and engage in the process from beginning to end. Neither COMPANY nor Contractor shall be liable for any delays caused by the Homeowner’s failure to timely respond to requests or proposals. It is the responsibility of the Homeowner to provide necessary information in a timely fashion. COMPANY is not responsible for delays that were within the control of the Homeowner.
- Provide COMPANY with a written response to Contractor open bids within fourteen (14) days.
- Provide COMPANY with as much detail on the job as possible to help minimize time and cost and so that COMPANY can draft the most appropriate Scope to provide to its network of Contractors. The COMPANY will assist the Homeowner with the details, but it is ultimately the Homeowner’s responsibility to make sure the Scope properly reflects the Homeowner’s intentions.
- Understand and accept that the Scope and its budget can change and in ways that may not have been known at the beginning of the Scope. The COMPANY will not be liable for any additional costs related to change orders or other factors not known at the time of the drafting of the Scope. Such additional costs shall be the sole responsibility of Homeowner.
- The COMPANY provides no guaranty that the obtained Contractor quotes for the Scope will be the lowest price. The COMPANY selects its network of Contractors on a variety of factors of which cost is just one. Other factors may include: quality of work, timeliness in response to inquiries, quality control procedures and ability to meet deadlines.
- Provide Company with immediate written notice of any disputes or issues with the Contractor, Scope or these Services. Homeowner agrees to pay invoices immediately upon receipt but no later than two (2) days following receipt of an invoice.
THIS SITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE ARE FOR GENERAL INFORMATION ONLY AND THE SITE AND SERVICES ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. SPECIFICALLY, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE SERVICES PROVIDED WILL BE ERROR FREE OR SHALL COMPANY MAKE ANY WARRANTY WHATSOEVER ABOUT THE CONSTRUCTION SERVICES PROVIDED BY A CONTRACTOR.
IN ADDITION, COMPANY DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS.
Under no circumstances will COMPANY be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via this site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, COMPANY’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR SERVICES IS TO STOP USING THE SITE AND/OR SERVICES. THE COMPANY HAS NO LIABILITY FOR ANY ACTIONS ARISING OUT THE CONSTRUCTION SERVICES PROVIDED BY A CONTRACTOR. HOMEOWNER’S SOLE CLAIM FOR SUCH CLAIMS SHALL BE AGAINST THE CONTRACTOR.
If you violate any of these Terms and Conditions of Use or if you misuse this Site or are negligent in your responsibilities or otherwise breach any provision hereunder, you agree to defend, indemnify and hold harmless COMPANY, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your breach, violation or misuse.
TERMINATION OF THE USE OF SITE
COMPANY may, in its sole discretion and in addition to any other remedies available to COMPANY, with or without cause, withdraw, suspend or discontinue at any time any materials or services available on this site, your username and password, and any functionality or features in or on this site, or provision of the Services at any time and for any reason with or without notice without any liability to you.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This site is controlled and operated by COMPANY and the Services are provided from its offices within the Commonwealth of Massachusetts, U.S.A. COMPANY makes no representation that materials on this site or the Services are appropriate or available for use in other locations. Those who choose to access this site or receive Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to this site and receipt of the Services by you shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the Commonwealth of Massachusetts by COMPANY and its Affiliates.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, as it is applied to agreements entered into and to be performed entirely within Massachusetts and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by COMPANY and its Affiliates, you or any third party to enforce the Terms and Conditions of Use, or in connection with any matters related to this site, shall be subject only to the jurisdiction of either the state or federal courts located in Suffolk County, Massachusetts.
COMPANY reserves the right to change or modify the Terms and Conditions of Use at any time. Any questions regarding the Terms and Conditions of Use should be sent to firstname.lastname@example.org. The Terms and Conditions of Use shall not be modified except in writing, as posted on this Site by COMPANY. Any change or modification made by COMPANY will be effective immediately upon posting on this Site and your continued use of this site means that you have agreed to accept any changes or modifications made by COMPANY.
Any dispute between COMPANY and you arising out of this Agreement shall be resolved first by direct communication with one or more of COMPANY’s customer service representatives. Should COMPANY and you be unable to resolve the dispute by communication, either COMPANY or you may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of COMPANY’s headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
This Agreement contains the entire agreement between you and COMPANY relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any document or form originated by you relating to the subject matter hereof, or (2) statements of any of COMPANY’s employees. COMPANY reserves the right to make changes to this Agreement at any time without advance notice. COMPANY agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon posting. It is at all times your responsibility to read the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that this procedure for giving notice of amendments to this Agreement is reasonable.
Your right to access and use the Site, Materials and/or Services immediately terminates without further notice upon your breach of this Agreement. COMPANY may terminate this Agreement and/or your right to use the Site or Services at any time, with or without cause. COMPANY reserves the right to discontinue or make changes to the Site, Material and/or Services at any time.
COMPANY may assign this Agreement, in whole or in part, in its sole discretion.
WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.