Direct Sidekick Terms of Service
Direct Sidekick LLC (“Direct Sidekick,” “We,” “Our,” “Us”) operates the Direct Sidekick products and services (“Services”), which we hope You (the “Customer”, “You”, or “Your”) use. If You use it, please use it responsibly. If You don’t, we will need to terminate Your account immediately.
For paid accounts, you’ll be charged on a monthly basis. You may cancel at anytime, but there are no refunds.
The Terms of Service (the “Terms”), Direct Sidekick Services (as defined herein), and our prices can change at any time. We will notify you at least 30 days in advance of any price changes. Our goal is to notify you via email about major changes to the Terms of Service or Direct Sidekick, however, we make no guarantees. The most current version of the Terms will be posted on Direct Sidekick’s website (https://directsidekick.com/terms) to notify you of any changes and it is Your responsibility to review this document on a regular basis to ensure you are aware of the changes.
Please read the entire Terms below and agree with all the details prior to Your use of any of our sites.
Your Agreement with Direct Sidekick
Your use of the Direct Sidekick Services is governed by these Terms. The “Services” means the services Direct Sidekick makes available include our web sites, our blog, our software, and any other sites, and services offered by Direct Sidekick in connection to any of those.
In order to use the Services, You must first agree to the Terms. You understand and agree that Direct Sidekick will treat Your use of the Services as acceptance of the Terms from that point onwards.
Direct Sidekick may make changes to the Terms from time to time. You may decline the changes by terminating Your account immediately. You understand and agree that if You use the Service after the date on which the Terms have changed, Direct Sidekick will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us at [email protected]
Your Account
You may not use the service unless you are 18 years of age or older and have the legal capacity to accept the Terms.
You may not use the Services if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
You acknowledge that the information and data you provide to the company is complete and accurate, and that you are a human being. Account creation by automated methods is not permitted.
You acknowledge that the company will rely on the information and data provided by you and if information or data is not accurate or incomplete, the company may withhold, suspend or terminate Services.
You acknowledge and agree to these Terms, as they may be updated by the company in the future and it is your responsibility to review them on a regular basis.
Use of the Service
• You must provide accurate and complete registration information any time You register to use the Services.
• You are responsible for the security of Your password(s) and you are solely responsible for all activity on Your account.
• You may not allow multiple people to use the same account or otherwise access the Services in a manner intended to avoid incurring fees.
• We are not liable for any unauthorized access to your account.
• You may not attempt to gain unauthorized access to the site via password mining, hacking or any other method.
• Your use of the Services must comply with all applicable laws, regulations and ordinances.
• You agree to not engage in any activity that interferes with or disrupts the Service.
Compliance With All Laws and Regulations
Direct Sidekick is not responsible for your violation of any laws while using our Services. Users must comply with all local, state, federal or international laws regarding your use of our Site and Service. Please be aware that all email content must not violate any FTC rules, the Can-Spam Act, or any other US federal laws. Our Software and Service is void where prohibited.
Service Policies and Privacy
The Service shall be subject to the privacy policy for the Service available at https://directsidekick.com/privacy (the “Privacy Policy”), which are hereby expressly incorporated into the Terms of Service by reference. You agree to the use of Your data in accordance with Direct Sidekick’s Privacy Policy.
Fees for Use of the Service
• The Service may be provided to You for a certain “trial” period of time.
• If you do not cancel Your account before the end of the trial period, Your first payment will be automatically processed. It is your responsibility to cancel Your account before then if you do not want to be charged.
• For all purchased Services, we will charge Your credit card on a monthly or annual basis based on the plan You have chosen.
• Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
• You acknowledge and agree that any credit card and related billing and payment information that You provide to Direct Sidekick may be shared by Direct Sidekick with companies who work on Direct Sidekick’s behalf, such as payment processors solely for the purposes effecting payment to Direct Sidekick and servicing Your account.
• Direct Sidekick may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
Cancellation and Termination
• You may cancel your account at any time from the subscriptions page of the application.
• You will not receive any refunds if You cancel Your account before the end of the billing cycle.
• If You cancel the Service before the end of Your current paid up month, You will continue to have access to your account until the end of you billing cycle and will not be charged again.
• If You cancel, You may reactivate Your account at any time before the end of Your billing cycle to continue Your most recent subscription.
• You agree that Direct Sidekick, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Direct Sidekick will not be liable to You or any third party for such termination.
Ideas and Feedback
You may choose to, or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Direct Sidekick under any fiduciary or other obligation. You also agree that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Modification of the Service
• You acknowledge and agree that the Service may change from time to time without prior notice to You.
• Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
• Direct Sidekick shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
External Resources
The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Direct Sidekick is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Intellectual Property License
The design of the Services along with the content available on or through the Services, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by Direct Sidekick, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Direct Sidekick, in writing; or (b) attempt to disable or circumvent any security mechanisms used by the Services.
Disclaimer of Warranties
IF YOU ACCESS THE SERVICES, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DIRECT SIDEKICK MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICES OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. DIRECT SIDEKICK DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICES WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL DIRECT SIDEKICK, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
Limitations on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnification
You agree to hold harmless and indemnify Direct Sidekick, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, or (c) Your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Direct Sidekick will provide You with written notice of such claim, suit or action.
Choice of Law and Dispute Resolution
The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Michigan as applied to contracts made and performed entirely within Michigan, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms, the Privacy Policy or the Service shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Michigan and the County of Ottawa, pursuant to the rules of the American Arbitration Association. Any and all disputes that You may have with Direct Sidekick shall be resolved individually, without resort to any form of class action.
General Legal Terms
The Terms, including the Privacy Policy, constitute the whole legal agreement between You and Direct Sidekick and govern Your use of the Service and completely replace any prior agreements between You and Direct Sidekick in relation to the Service.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of Direct Sidekick to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You agree that if Direct Sidekick does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Direct Sidekick has the benefit of under any applicable law), this will not be taken to be a formal waiver of Direct Sidekick’s rights and that those rights or remedies will still be available to Direct Sidekick.
Direct Sidekick shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.