Effective Date: November 5, 2020

 

1. INTRODUCTION

 

AGREEMENT AND PARTIES. Side, Inc. (“Company,” “us,” or “we”) respects the privacy of our visitors to our website (“Website”).  This privacy policy (“privacy policy” or “policy”) is an agreement between Company and you, as the user of the Website, or anyone whom you’ve authorized to use this Website (“you”).  This agreement tells you when this policy is effective, what information we collect from you, how we or our third-party vendors might use it, how you can review or change the Personal Information (as defined below) that you provided to us, how we may change this policy, and the steps we take to ensure that your Personal Information is protected.  

 

2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE; COOKIES

 

AGREEMENT TO TERMS. All activities in which you may engage on this Website are voluntary.  When you visit the Website, we use cookies and other tracking technology to collect information about you and your activities, including your IP address, your device information, and via clickpath tracking.  We share this information with third-party vendors.  We also collect information which you voluntarily provide us on the “Contact Us” information form which we use in the context of lead development campaigns and as otherwise described herein.  The information which you provide us on our Website contact form will be captured  in our CRM system which we may use to contact you for marketing purposes or to otherwise communicate with you.  In addition, your Personal Information is required by certain third-party services providers, including but not limited to NextRoll, our CRM solution, Pardot, Lever, Hotjar and Google Analytics which use your information as described below. By using our website, you agree to NextRoll’s privacy policy: https://www.nextroll.com/privacy.  If you are a resident of California, the following NextRoll CCPA notification applies to you: https://www.nextroll.com/privacy#website-13.

 

A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your username and password, if you use such a feature on this site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you.  Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.

 

If you do not agree with the terms of our privacy policy, the collection of your Personal Information by our third-party service providers or other terms of use on this Website, then you should immediately discontinue using the Website.  In addition, you may opt out of NextRoll’s collection of your Personal Information as follows: https://app.adroll.com/optout.  

 

Additionally, If you would like to opt out of receiving targeted advertising from your desktop or mobile device, the controls are housed in the browser, iOS, or Android operating system that you are using to access the Web.  Here are a few links to opt out of interest-based targeting through major advertising platforms.

  • For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Select Ads > Enable “Opt out of interest-based advertising”.
  • For iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting; and
  • For Chrome, see here.

 

The terms of use of this Website are expressly incorporated herein by reference and made a part of this policy. By using our Website, you signify that you agree to the terms of this privacy policy as well as to our terms of use.  

 

3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

 

EFFECTIVE DATES. This privacy policy is effective as of October ___, 2020 (and amended thereafter) and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Website or we otherwise notify you of the changes. We reserve the right to change this privacy policy at any time.  Changes, modifications, additions, or deletions will be effective immediately on their posting to this site. You should check this policy periodically as its terms may change from time to time. Your continued use of the Website after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this privacy policy when we post changes to it.

 

4. POLICY APPLICABLE TO YOUR ACTIVITIES ON THE WEBSITE ONLY

 

DISCLAIMERS. The privacy policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond the Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation.  This online privacy policy only applies to information collected through this Website, except for information collected by our third-party providers pursuant to their privacy policies. This privacy policy does not apply to any information we may collect from you in any place other than this Website.   

 

5. PERSONAL INFORMATION WE MAY COLLECT

 

TYPES OF PERSONAL INFORMATION COLLECTED. By using the Website, we may ask you for certain information referred to in this policy as “Personal Information,” which includes information that pertains to your identity or that of your authorized user.  In addition, our third-party vendors collect certain information about you, through cookies and other tracking technology, in connection with your activities as described herein.  NextRoll uses technology to help us recognize your device and understand how you use our Website in order for us improve our services to reflect your interests and serve you advertisements about the services that are likely to be of more interest to you. Specifically, NextRoll collects information about your activity on our site(s) to enable us to measure and analyze traffic and browsing activity on our Website or show advertisements for our services to you on third-party sites.  Pardot uses information about you for tracking, scoring and marketing automation while Hotjar uses your information for clickpath tracking.  If you provide us with your information for purposes of applying for job opportunities with Side, Lever will use your information for applicant tracking.    

 

In addition, certain service providers use your information as follows: your usage data is transferred to Google Analytics for site analytics and to our CRM for marketing automation.  We do not have control over how our third-party vendors, including but not limited to Pardot, Hotjar, Lever, or NextRoll, use such Personal Information, and you agree to release us from claims in connection with such third-party usage of your Personal Information, to the extent permitted by law. Below lists the various categories of Personal Information that we may collect and the purposes for which we use such Personal Information.  You may be required to provide Personal Information to access or use certain parts of our Website. If you do not provide the requested Personal Information, you may not be able to access or use the features of the Website where such information is requested.  

 

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal Information does not include: 

  • Publicly available information from government records. 
  • Deidentified or aggregated consumer information. 
  • Information excluded from the CCPA’s scope, like: 
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data which you agree not to share with us; 
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we collect the following categories of Personal Information from you:

 

Category Examples Collected 
A. Identifiers.  (i) Internet Protocol address (tracked via cookies); and, (ii) email address, name, postal address, or phone number, if provided by you via the contact form.  YES 
B. Internet or other similar network activity.  Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.  YES 
C. Geolocation data.  Physical location or movements.  YES 
D. Inferences drawn from other Personal Information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES

 

6. GENERAL INFORMATION WE MAY COLLECT

 

TYPES OF GENERAL INFORMATION COLLECTED. In addition to the information listed in Section 5, there may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your device has an IP address, which is required in order for you to communicate with others via the Internet. Such general information, including the clickstream activity data and cookies, as mentioned below, may be collected from you whenever you access the site, whether or not you provide us with any Personal Information.

 

6.1. Cookies and Related Technology

 

Cookies are small data files that are served by our Website and stored on your device. Our Website uses cookies and related technologies to operate and to personalize your experience. For example, we may use cookies to provide personalized content on our Website, to track your clickstream activity across sessions, and for our third-party providers to target ads to you about our services on third-party websites.

 

6.2. Clickstream Data

 

When you visit our Website we collect clickstream data about your usage of the Website. This information can be combined with information you have provided to us by submitting a contact form via the Website, which will enable us to analyze and better customize your visits. We may use the clickstream data for traffic analysis or analysis of our Website, to determine which features of our Website are most or least effective or useful to you.

 

7. GENERAL INFORMATION ABOUT YOU

 

USE OF GENERAL INFORMATION. We will primarily use the Personal Information you provide and any general information we receive from you to provide products and services to you.  We may obtain information indirectly from services you access, and from observing your activities on our Website.  We may also collect information from third parties or from public records.   

 

7.1. Use of Data

 

We may use the collected data for various purposes, including:

  • To provide you with services
  • To notify you about changes to our services
  • To provide customer support or marketing
  • To gather analysis or valuable information so that we can improve our service
  • To monitor the usage of our service
  • To share with the following third-party vendors, including but not limited to: NextRoll, Pardot, Lever, Hotjar, Google Analytics, and Salesforce
  • To detect, prevent and address technical issues
  • To respond to law enforcement requests and as required by applicable law, court order, or government regulations
  • To detect or prevent security risks or other illegal activities
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Website users is among the assets transferred
  • To provide you with news, special offers and general information about other services and events which we offer that are similar to those that you have already purchased or enquired about 

 

We will not collect additional categories of Personal Information or use the Personal Information for materially different, unrelated, or incompatible purposes without providing you notice.   

 

We may share Aggregated Information with third parties that provide services for us. 

 

Except as otherwise provided herein, we do not sell, rent, barter, or otherwise give away user lists, users’ names, email addresses, or mailing addresses so that advertisers may send you advertisements or other solicitations.

You should know that when you voluntarily disclose Personal Information publicly via our services or otherwise, that information may be collected and used by others, and you may receive unsolicited communications from other people. When you share information via features offered on our services by other companies, the privacy settings of the other companies for those features govern how the information will be shared.  You and your authorized users are responsible for your activities while on our Website.  

 

7.2. Retention of Data

 

We may retain Usage Data for internal analysis purposes in addition to such other purposes as described herein. “Usage Data” is data collected automatically either generated by the use of the service or from the service infrastructure itself (for example, the duration of a Website visit).  Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service, or we are legally obligated to retain this data for longer periods.

 

8. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

 

8.1. Security Measures

 

In order to protect both the Personal Information and the general information that we receive from you through our Website, we have implemented various security measures, to protect your Personal Information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. That said, we cannot guarantee the security of such Personal Information.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. No security system is perfect.

 

If we learn of a security systems breach, then we may attempt to notify you via email, phone, or physical mail, so that you can take appropriate protective steps.

 

8.2. Risk of Interception

 

Please keep in mind, however, that whenever you give out Personal Information online there is a risk that third parties may intercept and use that information.  While we strive to protect your Personal Information and privacy, we cannot guarantee the security of any information you disclose online. By using this Website, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this Website and that any Personal Information, general information, or other data or information received from you through the Website is provided to us at your own risk, which you expressly assume.

 

9. THIRD PARTIES

 

9.1. Disclosing Information to Third Parties

 

WHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than to the third-party companies referenced in this policy or other third-parties who provide services in connection with the Website, and except as described in this policy, we do not sell, trade, or otherwise transfer your Personal Information or general information to third parties without informing you in advance.  

 

9.2. Links to Other Sites

 

Our Website may contain links to other sites that are not operated by us.  If you click a third-party link, you will be directed to that third party’s site.  We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

 

9.4. Security

 

RELEASE OF INFORMATION.  We may release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity.  We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy.

 

9.5. Children’s Privacy

 

Our services are not applicable to anyone under the age of 18 (“Children”).  You agree that by using the Website, neither you nor any of your authorized users are under the age of 18.  

 

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

 

10. ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

 

A  Access to Specific Information and Data Portability Rights 

 

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months.  Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will disclose to you: 

  • The categories of Personal Information we collected about you. 
  • The categories of sources for the Personal Information we collected about you. 
  • Our business or commercial purpose for collecting or selling that Personal Information. 
  • The categories of third parties with whom we share that Personal Information. 
  • The specific pieces of Personal Information we collected about you (also called a data portability request). 
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: 
  • sales, identifying the Personal Information categories that each category of recipient purchased; and 
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. 

 

B  Deletion Request Rights 

 

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

  1. Complete the transaction for which we collected the Personal Information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty, or otherwise perform our contract with you. 
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 
  3. Debug products to identify and repair errors that impair existing intended functionality. 
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.). 
  6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship. 
  7. Comply with a legal obligation. 
  8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. 

 

We do not provide these deletion rights for B2B Personal Information. 

 

C  Exercising Access, Data Portability, and Deletion Rights 

 

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: privacy@sideinc.com or write Attn: Privacy Compliance Officer, 466 Brannon St, San Francisco, CA 94107.

 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: 

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include: 
  • Your name 
  • Address 
  • Additional information depending upon the type of request and the sensitivity of the information. 
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 
  • We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. 

 

Making a verifiable consumer request does not require you to create an account with us. However, we will consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account, provided the functionality is available. 

 

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

 

D  Response Timing and Format

 

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. 

 

If you have an account with us, we may deliver our written response to that account, provided that such functionality is available. If you do not have an account with us, or the functionality is not available for your account we will deliver our written response by mail or electronically, at your option. 

 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. 

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

E  Do Not Sell My Personal Information 

 

You do not need to create an account with us to exercise your opt-out rights.  We do not sell your Personal Information to third parties for marketing purposes.  We will only use Personal Information provided in an opt-out request to review and comply with the request.  However, you may change your mind and opt back in to usage of your Personal Information at any time.  If you wish to opt-out, please contact us at our email address as set forth below.  Notwithstanding the foregoing, any request to delete your Personal Information shall be subject to Section B above. 

 

F  Non-Discrimination 

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: 

  • Charge you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties. 
  • Provide you a different level or quality of products or services. 
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. 

 

11. QUESTIONS OR COMMENTS

 

CONTACT INFORMATION. If you have any questions or comments relating to our Website or the privacy policy, send an email to privacy@sideinc.com or write Attn: Privacy Compliance Officer, 466 Brannan St, San Francisco, CA 94107

U.S. Department of Housing and Urban Development (HUD)

 

HUD’s goal is to create equal housing opportunities for all persons living in America by administering laws that prohibit discrimination in housing on the basis of race, color, religion, sex, national origin, age, disability, and familial status.

 

What HUD Can Do For You

 

HUD’s Office of Fair Housing and Equal Opportunity administers federal laws and establishes national policies that ensure all Americans have equal access to the housing of their choice. Particular activities carried out by the Office include implementing and enforcing the Fair Housing Act and other civil rights laws, including Title VI of the Civil Rights Act of 1964, Section 109 of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments Act of 1972, and the Architectural Barriers Act of 1968.

 

In addition, the Office:

 

  • Manages the Fair Housing Assistance Program, administers the award and management of Fair Housing Initiatives Program grants, and proposes fair housing legislation;
  • Works with other government agencies on fair housing issues;
  • Reviews and comments on Departmental clearances of proposed rules, handbooks, legislation, draft reports, and notices of funding availability for fair housing considerations;
  • Interprets policy, processes complaints, performs compliance reviews and offers technical assistance to local housing authorities and community development agencies regarding Section 3 of the Housing and Urban Development Act of 1968;
  • Ensures the enforcement of federal laws relating to the elimination of all forms of discrimination in the Department’s employment practices;
  • Conducts oversight of the Government-Sponsored Enterprises, Fannie Mae and Freddie Mac, to ensure consistency with the Fair Housing Act and the fair housing provisions of the Federal Housing Enterprises Financial Safety and Soundness Act; and
    Works with private industry, fair-housing and community advocates on the promotion of voluntary fair housing compliance.

 

For more information about fair housing practices, please visit the HUD website.

Side Terms of Service
Last Updated: October 11, 2017

 

Welcome to the Side Real Estate, Inc. (“Side”) website located at www.sideinc.com (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (www.sideinc.com/legal-notices) (“Privacy Policy”) carefully because they govern your use of our Site and the services accessible via our Site and our website application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

 

ap1. Agreement to Terms

 

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. As used in these Terms, “we,” “us,” and “our” refer to Side, and “you” and “your” refer to you as an individual. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

 

2.  Privacy Policy

 

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SIDE INC. THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

 

3. Changes to Terms or Services

 

We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

4. Scope of Side Services

 

(a)             Side offers a technology service and platform via the Services that provides real estate agents and other real estate professionals (“Agents”) various functionalities to assist Agents with the listing, advertisement, sale and purchase of real estate properties. These functionalities may include the ability for Agents to store, manage and share real estate transaction documents through Side’s online platform, connect with third-party service providers (“Outside Providers”) to perform peripheral services such as professional photography, brochure printing and home staging that Agents may require during the real estate transaction process (“Outside Services”), and a variety of other real estate brokerage services.

 

(b)            As the provider of the platform and Services, Side does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Outside Services. Outside Providers alone are responsible for their Outside Services, and Side does not endorse or otherwise verify the reliability of Outside Providers or Outside Services. Side is not affiliated in any way with Outside Providers, and when you make or accept an engagement with an Outside Provider, you agree that Side is not and does not become a party or participant in any contractual relationship between you and such Outsider Provider encountered through our Site and Services. Side has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Outside Services, (ii) the truth or accuracy of the descriptions, ratings or reviews of any Outside Services, or (iii) the performance or conduct of any Outside Providers. You agree that your use of Outside Services is at your own risk and that Side has no and disclaims all liability with respect to Outside Services.

 

5. Who May Use the Services?

 

(a)             Eligibility

 

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Side and are not barred from using the Services under applicable law.  You represent and warrant that, when you register with the Services as an Agent, you are a licensed real estate agent or otherwise authorized to act in such a capacity in the jurisdiction in which you intend to market and offer your services.

 

(b)            Registration and Your Information.

 

If you want to use certain features of the Services you’ll have to create an account (“Account”) via the Services that may require you to provide certain personal information as described in our Privacy Policy.

 

(c)             Accuracy of Account Information

 

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

 

6. Feedback

 

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at admin@sideinc.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

7. Content

 

For purposes of these Terms: (i) “Content” means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Side does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Side and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

 

(a)             Rights in User Content Granted by You

 

By making any User Content available through the Services you hereby grant to Side a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, [create derivative works based upon,] publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you.

 

(b)            Responsibility for User Content.

 

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Side on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

(c)             Removal of User Content.

 

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

(d)            Rights in Content Granted by Side

 

Subject to your compliance with these Terms, Side grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

 

8. Rights and Terms for Apps

 

(a)             Rights in App Granted by Side

 

Subject to your compliance with these Terms, Side grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Side reserves all rights in and to the App not expressly granted to you under these Terms.

 

(b)            Accessing App from App Store

 

The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

  • These Terms are concluded between you and Side, and not with the App Provider, and Side (not the App Provider) is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Side.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Side will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
  •  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must also comply with all applicable third party terms of service when using the App.

 

9. General Prohibitions and Side’s Enforcement Rights.

 

You agree not to do any of the following:

 

(a) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

 

(b) Use, display, mirror or frame the Services or any individual element within the Services, Side’s name, any Side trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Side’s express written consent;

 

(c) Access, tamper with, or use non-public areas of the Services, Side’s computer systems, or the technical delivery systems of Side’s providers;

 

(d) Attempt to probe, scan or test the vulnerability of any Side system or network or breach any security or authentication measures;

 

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Side or any of Side’s providers or any other third party (including another user) to protect the Services or Content;

 

(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Side or other generally available third-party web browsers;

 

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

 

(h) Use any meta tags or other hidden text or metadata utilizing a Side trademark, logo URL or product name without Side’s express written consent;

 

(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

 

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

 

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

 

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

 

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

 

(n) Impersonate or misrepresent your affiliation with any person or entity;

 

(o)            Violate any applicable law or regulation; or

 

(p)            Encourage or enable any other individual to do any of the foregoing.

 

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

10. DMCA/Copyright Policy

 

Side respects copyright law and expects its users to do the same. It is Side’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Side’s Copyright and IP Policy at https://www.sideinc.com/legal-notices, for further information.

 

11. Links to Third Party Websites or Resources

 

The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

12. Termination

 

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at admin@sideinc.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: Section 6 (Feedback), Section 7 (Content), Section 12 (Termination), Section 13 (Warranty Disclaimers), Section 14 (Indemnity), Section 15 (Limitation of Liability), Section 16 (Governing Law and Forum Choice), Section 17 (Dispute Resolution for Consumers) and Section 18 (General Terms).

 

13. Warranty Disclaimers

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND OUTSIDE SERVICES IS AT YOUR SOLE RISK. The Services are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Outside Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. No advice or information obtained from Side or elsewhere will create any warranty not expressly stated in these Terms. Side will have no liability for any claims, losses or damages caused by User Content or any results produced by the Services based upon User Content.  You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data, confidentiality or privacy in connection therewith.

 

14.           Indemnity

 

You will indemnify and hold harmless Side and its affiliates, officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, the Outside Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

 

15. Limitation of Liability

 

(a)             NEITHER Side NOR ANY OTHER party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY,  LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS or THE OUTSIDE SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not SIDE INC. OR ANY OTHER PARTY has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

 

(b)            In no event will Side’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or THE OUTSIDE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO SIDE INC. FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SIDE INC., AS APPLICABLE.

 

(c)             THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIDE INC. AND YOU.

 

16. Governing Law and Forum Choice

 

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and Side are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Side each waive any objection to jurisdiction and venue in such courts.

 

17. Dispute Resolution for Consumers

 

The following terms of Section 17 “Dispute Resolution for Consumers” only apply if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.

 

(a)             Mandatory Arbitration of Disputes

 

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

 

(b)            Exceptions and Opt-out

As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at admin@sideinc.com or by regular mail at 466 Brannan Street, San Francisco, CA 94107 within thirty (30) days following the date you first agree to these Terms.

 

(c)             Starting Arbitration

 

If you want to begin arbitrating a Dispute, you must send a letter to us at the following address 466 Brannan Street, San Francisco, CA 94107 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.

 

(d)            Conducting Arbitration and Arbitration Rules

 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).

 

(e)            Arbitration Costs

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

 

(f)              Effect of Changes on Arbitration

 

Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Side changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to admin@sideinc.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Side’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Side in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

18. General Terms

 

(a)             Entire Agreement

 

These Terms constitute the entire and exclusive understanding and agreement between Side and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Side and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Side’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Side may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

(b)            Notices

 

Any notices or other communications provided by Side under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

(c)             Waiver of Rights

 

Side’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Side. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

19. Contact Information

 

If you have any questions about these Terms or the Services, please contact Side by email at admin@sideinc.com or in writing at 466 Brannan Street, San Francisco, CA 94107.