Thank you for using iSideWith.com! These Terms and Conditions (“Terms”) govern your relationship with and use of the iSideWith.com (“iSideWith,” “we,” “our,” or “us”) website and related services (collectively, the “Services”), so please read them carefully.
IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY, AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE SECTION TITLED “SETTLING DISPUTES BETWEEN YOU AND ISIDEWITH,” WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDES YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION AS WELL AS THE SECTION TITLED “CLASS ACTION WAIVER” AND “JURY TRIAL WAIVER” WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, corporation or other entity, you are agreeing to these Terms on behalf of that entity, and representing that you have the authority to bind that entity to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
У нас также есть Privacy Policy , которая применяется к вашему использованию Услуг и включена в настоящие Условия.
You agree to abide by these Terms and all applicable state, national and foreign laws and regulations in your use of the Services. In addition, you agree to not: (a) use the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest or collect information about the users of the Services or use such information for the purpose of transmitting or facilitating the transmission of unsolicited bulk electronic mail or communications; (c) use the Services to post or transmit unlawful, harassing, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature, or material which is harmful to minors in any way; (d) use the Services to post or transmit any material that may infringe or violate the intellectual property rights or other rights of third parties; (e) use the Services to post or transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs; (f) interfere with or disrupt servers or networks connected with the Services, or violate the policies and procedures of such networks; (g) attempt to gain unauthorized access to the Services or other accounts, computer systems or networks connected thereto, through password mining or other means; (h) harass or interfere with another user’s use and enjoyment of the Services; (i) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services, unless explicitly authorized in writing by iSideWith; (j) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of iSideWith’s website; (k) attempt to or actually override any security component of iSideWith; (l) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (m) engage in any commercial or promotional distribution, publishing, or exploitation of the Services without prior written permission from iSideWith; (n) alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks; (o) violate these Terms, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with iSideWith; (p) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law; (q) transfer any rights granted to you under these Terms; (r) create multiple accounts or misrepresent your identity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services; or (s) attempt to directly or indirectly do any of the foregoing. Nothing in these Terms shall create an obligation on iSideWith’s part to monitor or police the Services for violations thereof, or to take any punitive or remedial action in response thereto. iSideWith reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. iSideWith may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Subject to these Terms, you are hereby granted a personal, nontransferable, non-exclusive, revocable license to use the Services solely for their intended use. Under this license you may not, without iSideWith’s prior written consent: (a) modify or copy the information or materials on iSideWith’s website (collectively, “Materials”); (b) use the Materials for any commercial purpose or any public display; (c) attempt or allow others to decompile, reverse engineer, reverse compile, disassemble, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, time-share, distribute or sublicense any software contained on iSideWith’s website; (d) remove any copyright or proprietary notations from the Materials; or (e) transfer the Materials to another person or “mirror” the materials on any other server. You understand that iSideWith may, at its sole discretion, limit, deny, or create different levels of use or charges for different users, or cancel some or all of the functionality of the Services at any time and without prior notice. This license shall automatically terminate if you violate any of these restrictions, at which point you must destroy any downloaded Materials in your possession, whether in electronic or printed format.
iSideWith and/or its licensors own all right, title and interest, including intellectual property rights in and to the Services and Materials, including without limitation, all the content (including, for example, text, code, and copy), data, and materials thereon, the look and feel, design, and organization of the Services, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein.
The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Services or on content available through the Services, are registered and unregistered trademarks or service marks of iSideWith and third parties. All Marks not owned by iSideWith that appear on the Services or on or through the Services’ services, if any, are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Services without the written permission of iSideWith or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Services or on or through any of the Services is strictly prohibited.
By sending us any suggestions, ideas, enhancement requests, feedback, recommendations or other information (together, “Feedback”), you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against iSideWith and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account, these Terms, the Services, or your participation in the Services. iSideWith reserves all rights not expressly granted hereunder.
If you are younger than the age of consent under applicable law in the country in which you reside, then please do not use the Services. In the U.S., you must be at least 16 years of age to use the Services. By using the Services, you represent and warrant that you are at least 16 years of age. If you are under 16, you may not, under any circumstances or for any reason, use the Services. Our Services are not targeted to nor meant for anyone under 16 years of age.
We may, in our sole discretion, refuse to offer the Services to any person or entity for any reason. We may also change this eligibility criteria at any time, in our sole discretion. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. The Services are offered only for your personal use, and not for the use or benefit of any third party.
A. Submitted Materials
You may have the opportunity to post, upload, or otherwise submit materials, including to the Services. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Services, by e-mail or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent by you to us via any medium (including, for example and without limitation, photos, audio, video, messages, text, files or other content which you submit or post to our chat rooms, message boards, comment sections and/or our blogs, social media pages or feeds, or send to us via e-mail or U.S. mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms and the Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived; (b) that such Submitted Materials comply with these Terms, including without limitation Section 1 (General Conduct) and 5.B (Public Forum Conduct); and (c) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes.
Without limiting the foregoing, you agree that if you choose to submit comments (e.g., an online review or comment) to us via any medium (including those noted above with respect to all Submitted Materials), we may publish these comments along with, at our sole discretion, your name, screen name and other information you have provided to us in our editorial publications in any form, media or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire.
B. Public Forum Conduct
You also agree that you shall not upload, post, transmit, distribute or otherwise publish through the Services any Submitted Materials which (a) restrict or inhibit any other user from using and enjoying the Services; (b) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (d) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (e) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind; or (f) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from iSideWith. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.
C. Private Information Submitted on Forums
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Services and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information on our public forums.
D. Right to Monitor; Editorial Control
iSideWith reserves the right, but does not have an obligation, to monitor and/or review all Submitted Materials and iSideWith is not responsible for any such Submitted Materials. However, iSideWith reserves the right at all times to disclose any Submitted Materials as necessary to satisfy any law, rule, regulation or government request, or to edit, refuse to post or to remove any Submitted Materials, in whole or in part, that iSideWith considers to be, in iSideWith’s sole discretion, objectionable or in violation of these Terms, iSideWith’s policies or applicable law. If iSideWith elects to modify Submitted Materials, iSideWith nonetheless assumes no responsibility for the Submitted Materials. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
A. Reporting Claims of Copyright Infringement
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following:
Our designated copyright agent to receive DMCA Notices is:
Corey D. Silverstein, Esq.
Silverstein Legal
30150 Telegraph Road
Suite 444
Bingham Farms, MI 48025
Phone: 2482-900-655
Email:
If you fail to comply with all of the requirements of this section, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
B. Counter Notification Procedures
If you believe that material you posed on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat infringers.
In order to use some of the features of the Services and to purchase a subscription to certain features of the Services, you may be required to register for an account (an “Account”). You are responsible for ensuring that (i) all required registration information you submit for your Account is truthful and accurate; and (ii) you will maintain the accuracy of such information. We may choose to suspend or terminate your Account at any time in our sole discretion, including if we determine that you have violated any provision of these Terms. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree not to share your login credentials or access to your Account with anybody and you agree not to create more than one Account.
We may give you the ability to register for an Account using third party account and login credentials, such as your Facebook, Google, or Apple credentials associated with an account you maintain with a third party (“Third-Party Social Media Account”). In connection with the Services, you will have the option of sharing your results with your Third-Party Social Media Account contacts, such as your Facebook friends. In fact, we encourage it! By doing so, you agree: (a) you will not provide false information or share via a Third-Party Social Media Account belonging to anyone other than yourself without their permission; (b) you will abide by all terms and conditions imposed by the third party operating your Third-Party Social Media Account; (c) iSideWith may, in its sole discretion, disable your Account, block your ability to connect to the Services with a Third-Party Social Media Account and/or request that content relating to iSideWith be removed from your Third-Party Social Media Account if you violate these Terms; and (d) that if we disable your Account or block your ability to use the Third-Party Social Media Account connection feature, you will not create another Account or attempt to use the Services again without iSideWith’s express written permission.
The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to, Facebook, and Google, and other websites, services or resources that may link to the Services. When you access these third-party services on the Internet, you do so at your own risk. These other services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or services. If you believe that any linked iSideWith content on other websites, services or resources violates applicable law or may be inappropriate, please notify us. We will review the linked content and may, in our sole discretion, take steps to remove the link from the services. The inclusion of any link to a third-party site or services or a link to the Services on a third-party service does not imply any association between us and the third-party operators. You further acknowledge and agree that we shall not be 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 such content, goods or services available on or through any such website or service.
Your right to use the Services automatically terminates upon your breach of these Terms. In addition, iSideWith may terminate for any reason or no reason the licenses granted hereunder and the availability of the Services. Sections 2, 3, 4, 6, 7, 8, 11, 12, and 13 shall survive the termination of these Terms.
THE SERVICES ARE FOR EDUCATIONAL PURPOSES ONLY, AND, AS SUCH, PROVIDES THE SERVICES ‘AS IS’, WITH NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND. iSIDEWITH SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATED TO THE SERVICES OR THESE TERMS. iSIDEWITH DOES NOT WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE, AND MAKES NO WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR AVAILABILITY THEREOF. NEITHER iSIDEWITH NOR ITS PARTNERS OR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS OR ACCURACY OF ANY MATERIALS OR OTHER INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, AND YOU AGREE THAT YOU WILL NOT RELY ON SUCH MATERIAL OR INFORMATION FOR ANY PURPOSE.
iSIDEWITH ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. iSIDEWITH WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM iSIDEWITH OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY UNDER APPLICABLE LAW, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE OR JURISDICTION-BY-JURISDICTION.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT iSIDEWITH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS ON OR MADE THROUGH THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. iSIDEWITH EXPLICITLY DISCLAIMS ALL FOR ANY ACT OR OMISSION OF ANY USERS, OR THIRD PARTIES.
This disclaimer of warranties constitutes an essential part of these Terms.
NEITHER iSIDEWITH NOR ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, ASSIGNS OR LICENSORS SHALL BE LIABLE UNDER ANY THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, REGARDLESS OF THE THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, EVEN IF iSIDEWITH OR ITS PARTNERS, AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
IF UNDER APPLICABLE LAW THE FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE, THEN THEY SHALL BE DEEMED REFORMULATED TO LIMIT iSIDEWITH’s LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions prohibit the exclusion or limitation of liability for damages, so the above limitations may not apply to you and you may have other legal rights that vary by jurisdiction. This limitation of liability constitutes an essential part of these Terms.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF iSIDEWITH TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) TWENTY-FIVE US DOLLARS ($25), OR (B) THE AMOUNT, IF ANY, PAID BY YOU TO iSIDEWITH FOR YOUR USE OF THE SERVICES.
You hereby agree to indemnify and hold harmless iSideWith and its partners, affiliates, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors, assigns and licensors and any party whom iSideWith may be required to indemnify against any claim, damage, loss, liability or expense, including attorneys’ fees, arising from or relating to your use of the Services in any way contrary to these Terms, including but not limited to your infringement of the intellectual property rights of others.
Except for Section 16 providing for binding arbitration and waiver of class action rights, iSideWith reserves the right, at its sole discretion, to change, amend or modify these Terms and the policies relating to the Services at any time. You are responsible for regularly reviewing these Terms and shall be deemed to have been notified of these changes upon the posting an updated version of these Terms on the Services. Your continued use of the Services after any changes shall constitute your acceptance of such.
We also reserve the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that iSideWith shall not be liable to you for any modification, suspension, or discontinuance of the Services.
All notices, requests or other communications required to be given under these Terms must be in writing. iSideWith.com may give notice by means of a general notice on the Services. You may give notice to iSideWith by email or pre-paid post to the following addresses, as may be updated from time to time in these Terms:
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.
A. Informal Dispute Resolution
Most disputes between you and iSideWith arising from or relating to the Services or these Terms (“Disputes”) can be resolved informally, so if you have an issue with the Services, you agree to reach out to us before initiating a lawsuit or arbitration, except as set forth in in the Section 16.K below (“Exceptions to Informal Dispute Resolution and Arbitration Agreement”). This requires emailing <eml>legal</eml> a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) and/or username(s) associated with your relationship with iSideWith; (3) a detailed description of the issue; and (4) how you’d like to resolve it. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to <eml>legal</eml>, while the parties attempt informal resolution.
The Written Notice must be provided on an individualized basis and you and iSideWith agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.
If the Dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and iSideWith agree to resolve any remaining Dispute through further informal discussions or one of the formal dispute resolution provisions below.
If you reside in the European Union, you may have different rights regarding resolving disputes. You can learn more about your dispute resolution options by clicking here.
B. Agreement to Arbitrate
If Informal Dispute Resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes, subject to the provisions following this header through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).
The parties agree that this Arbitration Agreement is made pursuant to a transaction in commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.
In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all Disputes between you and iSideWith, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement supersedes any prior arbitration agreement between iSideWith and you.
Except as set forth in the Section 16.K (“Exceptions to Informal Dispute Resolution and Arbitration Agreement”) the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and iSideWith further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.
C. WAIVER OF RIGHTS INCLUDING JURY TRIAL
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND iSIDEWITH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
D. CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER
YOU AND iSIDEWITH ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF iSIDEWITH PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.
With the exception of this Section 16.D (“Class Arbitration and Collective Relief Waiver”) and Section 16.I (“Mass Filings”), if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, this Section 16.D (“Class Arbitration and Collective Relief Waiver”) and Section 16.I (“Mass Filings”) are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor iSideWith shall be entitled to arbitrate the dispute in question.
This provision does not prevent you or iSideWith from participating in a class-wide settlement of claims.
E. Arbitration Rules
Except as modified by this Arbitration Agreement, NAM will administer any arbitration in accordance with the NAM “Comprehensive Dispute Resolution Rules and Procedures,” “Fees For Disputes When One of the Parties is a Consumer,” and the “Mass Filing Supplemental Dispute Resolution Rules and Procedures” in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions (“NAM Rules”). The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Department at commercial@namadr.com.
Except where prohibited by applicable law, the arbitrator shall apply the law of the state of California without giving effect to any law that would result in the applicable of the law of any other jurisdiction. You and iSideWith agree that dispositive motions will be allowed in the arbitration.
If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and iSideWith submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.
F. Arbitration Demand
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements.
G. Arbitration Fees
Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
H. Arbitration Location
The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in Section 16.I (“Mass Filings”) or unless you and iSideWith agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in Los Angeles, California.
I. Arbitration Location
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against iSideWith within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by iSideWith and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with iSideWith and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and iSideWith agree that NAM may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.
This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a NAM mediator selected from a group of five mediators proposed by a NAM, with iSideWith and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. iSideWith, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either iSideWith or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither iSideWith nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
J. Arbitrator’s Authority and Arbitration Award
The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms of Service, including but not limited to Sections 16.D (“Class Arbitration and Collective Relief Waiver”) and 12 (“Limitation of Liability and Release)” as to the types and the amount of damages or other relief for which a party may be held liable.
Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
K. Exceptions to Informal Dispute Resolution and Arbitration Agreement
Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:
L. 30-Day Right to Opt-Out
You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: <eml>legal</eml>. The notice must be sent within 30 days of Oct 6, 2025 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, iSideWith also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of this User Agreement and you agree to be bound by all other provisions of these Terms, which shall remain in effect as allowable by law.
M. Changes to this Arbitration Agreement
iSideWith will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that any unfiled claims of which iSideWith does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If iSideWith changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to <eml>legal</eml> before the 30-day period expires.
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND iSIDEWITH THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND iSIDEWITH AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND iSIDEWITH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES.
Venue and Governing Law. These Terms shall be governed in all respects by the laws of the State of California, without application of the conflict of law principles thereof. You agree that any dispute arising from or related to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Los Angeles County, California, except where the jurisdiction and venue are mandated by applicable law. If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the Service and/or these Terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands, or, if you are a consumer, to a court closer to your domicile if in an EU Member State.
Waiver and Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby. No waiver by either party of the breach of these Terms will be valid or binding unless made in writing and signed by the party prejudiced thereby.
Entire Agreement. These Terms constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written agreements concerning such subject matter.
Assignment. You may not assign or transfer these Terms, your rights hereunder without iSideWith’s prior written consent. iSideWith may transfer its rights, responsibilities or liabilities arising hereunder or relating to the Services at any time.
Section Titles. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
For questions about these Terms, you may contact us at
Date Posted: 10/6/2025
