1. Acceptance of Terms

Welcome to Sidekick! These Terms of Service (“Terms”) constitute a legally binding agreement between you (“You,” “Your,” or “User”) and Sidekick Enterprises, Inc. (“Sidekick,” “Company,” “We,” “Us,” or “Our”), governing your access to and use of the Sidekick mobile application, websites, and all related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

These Terms include a binding arbitration agreement and class action waiver in Section 13, which affect your legal rights. Please read them carefully.

2. Eligibility 

You must be at least 18 years of age to create an account or use the Service. By using Sidekick, you represent and warrant that:

You do not have a conviction for and are not on any sex offender registry for any felony or crime involving violence, and that you are not required to register as a sex offender with any state, federal, or local registry.

• You are at least 18 years old;
• You are legally able to enter into a binding contract with Sidekick;
• You are not prohibited from using the Service under any applicable law;
• You have not been previously removed from the Service or had your account terminated by Us;
• You do not have a conviction for and are not on any sex offender registry for any felony or crime involving violence, and that you are not required to register as a sex offender with any state, federal, or local registry.

3. Your Account  

When you create an account, you must provide information that is accurate, complete, and current. You agree to update your information to keep it accurate and current. Failure to do so constitutes a breach of these Terms.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You may not create or maintain more than one account. You may not use another person’s account without their permission, nor may you create an account using the identity of another person.

Real Identity Requirement

Sidekick is built on authenticity. You must use your real name and identity on the Service. Aliases, pseudonyms, and anonymous accounts are not permitted. You may not impersonate any other person or misrepresent your identity, affiliation, age, or any other personal information.

You are responsible for safeguarding the Device that You use to access the Service and for any activities or actions taken on or via your Device.

4. How You May Use Sidekick

Subject to these Terms, Sidekick grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Service for your personal, non-commercial purposes.

You agree not to:

• Use the Service in any manner that could damage, disable, overburden, or impair the Service.
• Use the Service for any purpose that is unlawful or prohibited by these Terms;
• Use the Service for any commercial purpose, including advertising, solicitation, or promotion of goods or services, without our prior written consent;
• Use any automated means, including robots, crawlers, or scrapers, to access the Service;
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Attempt to gain unauthorized access to any portion of the Service, other accounts, or any systems or networks connected to the Service;
• Use the Service to stalk, intimidate, harass, bully, or threaten any other User;
• Use the Service to collect personal information about other Users for any purpose not authorized by these Terms;

5. Content You Create

“User Content” means any text, images, information, or other materials that you post, upload, or otherwise make available through the Service, including your profile information, messages, and event, Kickit, or community descriptions.

You retain ownership of your User Content. By posting User Content, you grant Sidekick a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content in connection with operating, publicizing, and providing the Service. This license ends when you delete your User Content or your account, except to the extent your User Content has been shared with other Users who have not deleted it, or incorporated into Our promotional materials.

You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate these Terms or any applicable law or infringe the rights of any third party.

6. Content Restrictions 

You are solely responsible for all User Content you post. You agree not to post, upload, or transmit any User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Is discriminatory or hateful toward any individual or group based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;
• Is sexually explicit or pornographic;
• Promotes violence or contains threats of violence against any person or group;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
• Contains viruses, malware, or other harmful code;
• Is spam, unsolicited advertising, or any form of unauthorized solicitation;
• Impersonates any person or entity or misrepresents your affiliation with a person or entity;
• Contains the private or personal information of any third party without their consent;
• Is false, misleading, or deceptive.

The Company reserves the right, but has no obligation, to monitor, review, or remove any User Content at its sole discretion. We may also limit or revoke your access to the Service for posting objectionable content.

7. Interactions with Other Users

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE.

You are solely responsible for your interactions with other users of the Service. Sidekick does not conduct criminal background checks on its users or otherwise inquire into the background of its users. Sidekick makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of any user.

You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet in person. You should not provide your financial information (for example, your credit card or bank account information) to other users.

Sidekick is not responsible for the conduct of any user, whether on the Service or off the Service, including at any in-person event, meetup, or gathering organized through the Service (each, a “Kickit” or “Event”). The Company does not screen, vet, endorse, or investigate users, and the Company expressly disclaims any liability arising from or related to your interactions with other users.

Reporting Misconduct

If you experience or witness any behavior by another user that violates these Terms or that you believe poses a risk to your safety or the safety of others, please contact us immediately at [email protected]. We take all reports seriously, but we cannot guarantee any particular outcome or action in response to a report.

9. Partner Organizations 

Sidekick may partner, collaborate, or affiliate with third-party organizations, venues, businesses, nonprofits, government entities, educational institutions, or other entities (“Partner Organizations”) for the purpose of promoting the Service, creating branded experiences, or otherwise furthering Sidekick’s mission.

Partner Organizations are not agents, employees, joint venturers, or representatives of Sidekick. Partner Organizations do not operate, control, supervise, or administer the Service or any aspect of the Service. A Partner Organization’s promotion of, recommendation of, or affiliation with Sidekick does not create any agency, employment, joint venture, or partnership relationship between the Partner Organization and Sidekick, and does not make the Partner Organization responsible or liable for any act, omission, conduct, or content of any user of the Service.

You agree that no Partner Organization shall bear any responsibility or liability for:

• The conduct, actions, or omissions of any user of the Service;
• Any content posted by any user on the Service;
• Any interaction between users, whether online or in person;
• Any event, Kickit, meetup, activity, or gathering organized, promoted, or facilitated through the Service;
• Any injury, loss, damage, or harm of any kind arising from your use of the Service.

By using the Service, you agree to release, hold harmless, and indemnify each Partner Organization, and its respective officers, directors, employees, agents, and representatives, from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or your interactions with other users.

10. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Sidekick disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, Sidekick does not warrant or represent that:

• The Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis;
• Any defects or errors in the Service will be corrected;
• Any content or information you obtain through the Service will be accurate, reliable, or complete;
• The quality of the Service will meet your expectations;
• Any user of the Service is who they claim to be, or that users will behave in a lawful, appropriate, or respectful manner;
• Any event, activity, or gathering facilitated through the Service will be safe, suitable, or free from risk.

You acknowledge that Sidekick has no obligation to conduct background checks, screen users, verify user identities beyond basic account registration, or monitor events or activities.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, Sidekick’s warranties are limited to the greatest extent permitted by applicable law.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Sidekick, its affiliates, directors, officers, employees, agents, partners, licensors, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for:

• Loss of profits, data, goodwill, or other intangible losses;
• Personal injury, bodily harm, emotional distress, or death;
• Property damage;
• The conduct of any user, whether online or offline, including at any event, Kickit, or gathering organized through the Service;
• Any unauthorized access to or alteration of your data or transmissions;
• Any content posted on or transmitted through the Service;
• Any interaction between users, whether on or off the Service;

even if Sidekick has been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed its essential purpose.

Sidekick’s total aggregate liability to you for all claims arising out of or related to the Service or these Terms shall not exceed the greater of (a) the amount you have paid to Sidekick in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, Sidekick’s liability is limited to the greatest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Sidekick, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:

• Your use of or access to the Service;
• Your User Content;
• Your violation of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of any third party;
• Your interactions with other users, whether online or in person, including at any event, Kickit, meetup, or activity organized or facilitated through the Service;
• Any dispute between you and any other user of the Service.

This indemnification obligation shall survive the termination of your account and these Terms.

13. Dispute Resolution and Arbitration

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE.

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or related to these Terms or the Service (“Dispute”) informally by contacting us at [email protected] (with a copy to [email protected]). We will attempt to resolve the Dispute informally within sixty (60) days. If the Dispute is not resolved within sixty (60) days, either party may proceed as set forth below.

Binding Arbitration

If a Dispute cannot be resolved informally, you and Sidekick agree that any Dispute shall be resolved through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Lane County, Oregon, unless the parties agree otherwise or the AAA rules require otherwise. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You and Sidekick agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as a class action, class arbitration, collective action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Sidekick.

If for any reason a claim proceeds in court rather than in arbitration, you and Sidekick each waive any right to a jury trial.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] (with a copy to [email protected]) within thirty (30) days of first accepting these Terms. Your notice must include your name, your Sidekick username, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, neither party is bound by the arbitration provisions of this section, but all other provisions of these Terms will continue to apply.

14. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Sidekick Enterprises, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.

Our trademarks, trade names, logos, and trade dress (including “Sidekick,” the Sidekick icon, and “Share an Adventure. Make a Friend.”) may not be used in connection with any product or service without the prior written consent of the Company.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service (“Feedback”), you assign to us all rights, title, and interest in such Feedback. If such assignment is not effective under applicable law, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, distribute, and exploit such Feedback without restriction or compensation to you.

15. Copyright Infringement (DMCA)

We respect intellectual property rights. If you believe that any content on the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work you claim has been infringed;
• Identification of the material on the Service that you claim is infringing, with enough detail for us to locate it;
• Your contact information (address, telephone number, and email address);
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send DMCA notices to: [email protected]

16. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Sidekick. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Sidekick is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.

17. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms;
• Conduct that we determine, in our sole discretion, is harmful to other users, the Company, third parties, or the integrity of the Service;
• Fraudulent, abusive, or illegal activity;
• Any other reason at our sole discretion.

Upon termination, your right to use the Service will cease immediately. You may not create a new account if your account has been terminated.

If you wish to terminate your account, you may do so through the account settings in the Application or by contacting us at [email protected].

The following sections shall survive termination of these Terms: Sections 5 (Content You Create), 7 (Interactions with Other Users), 8 (Safety and Assumption of Risk), 9 (Partner Organizations), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution and Arbitration), 14 (Intellectual Property), 18 (Governing Law), and 20 (General Provisions).

18. Governing Law 

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.

To the extent that any action is permitted to proceed in court (as opposed to arbitration), you and Sidekick agree that any such action shall be brought exclusively in the state or federal courts located in Lane County, Oregon, and you consent to the personal jurisdiction and venue of such courts.

19. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by posting a link to the updated Terms on the Service and updating the “Last Updated” date at the top of these Terms. We will also make reasonable efforts to provide you with notice of material changes through the Application (for example, through an in-app notification or email).

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and close your account.

20. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Sidekick regarding the Service and supersede all prior agreements, understandings, and communications.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver

The failure of Sidekick to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any provision shall only be effective if made in writing and signed by an authorized representative of Sidekick.

Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Sidekick. Sidekick may assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

No Third-Party Beneficiaries

Except as expressly provided in Section 9 (Partner Organizations) — wherein Partner Organizations are express third-party beneficiaries of the release, hold-harmless, and indemnification provisions of that section — these Terms do not create any third-party beneficiary rights.

Force Majeure

Sidekick shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics, government orders, or failures of third-party services.

21. Contact Us

If you have questions about these Terms, please contact us:

Sidekick Enterprises, Inc.
480 Alexander Loop, Apt 3307
Eugene, OR 97401
United States
Phone: 541.510.4556