Last updated: 01/01/2026
OSide Innovations, LLC (“Company”) operates StatsTerminal and StatsTerminal.com, a cloud-based analytics platform providing statistical tools, data visualization, and trading insights for financial markets (stocks, futures, etc.). The Service is intended for informational and educational purposes only and should not be interpreted as investment, financial, or trading advice. We are not a registered broker-dealer, investment advisor, or financial institution. The following Terms of Use outline your obligations when using the Company websites, mobile applications, and services.
The Company internet site is available at StatsTerminal.com. All related sites and various content, features, and services offered on and in connection with these sites and applications (collectively, the “Services”) are owned and operated by Company and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”) including the Arbitration Agreement set forth below. Users must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SERVICES.
Company may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Services and to provide Company notice to remove you from any distribution lists or other communication list that are available to you through your use of the Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
Subject to full compliance with these Terms of Use, Company grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Services for your personal use. You agree to use the Services only for lawful purposes, and to not access, reproduce, reverse-engineer, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise misuse or exploit the Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Company. Do not attempt to breach security or interfere with platform or Services operations. Company may modify, update, suspend or discontinue the Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Company shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
Services are intended for INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, and should not be interpreted as investment, financial or trading advice. User acknowledges that Company is not a registered broker-dealer, investment advisor or financial institution. User is solely responsible for their trading decisions and Company, its affiliates, representatives, associates, officers, directors and assigns will have no liability for the actions and decisions of Users.
Company is a provider of financial data and analytical tools. Company is NOT a registered investment advisor, broker-dealer, or financial analyst, nor are any of the Company associates or representatives. Use of the Services does NOT constitute financial advice, investment advice, or a recommendation to buy, sell, or hold any security or futures contract. User acknowledges that trading financial markets, including but not limited to stocks, options, futures contracts, involves substantial risk of loss, including the POTENTIAL LOSS OF CAPITAL exceeding the amount originally invested, and it is not suitable for all investors or traders. Users should consult with qualified professionals for financial advice tailored to their personal circumstances and consider their investment objectives, level of experience and risk appetite.
By using the Services, you agree Company and its affiliates shall NOT be liable for any direct or indirect damages, including trading losses, arising from use of the Services. User acknowledges and agrees that their decision to trade based on information from the Services is at their sole risk and that Company will not be liable for any trading losses or damages incurred by the User or any third party. User agrees that the Services are only one source of information, and User is responsible for conducting their own due diligence and research before making any trade or investment decision.
User further agrees to indemnify, defend, and hold harmless Company, its affiliates, representatives, associates and assigns from and against any and all claims, liabilities, and expenses, including reasonable attorneys' fees, arising out of or in connection with the user's use of the Services. All information, analyses, signals, and tools provided by the Services are for educational and informational purposes only.
Past Performance is Not Indicative of Future Results. Hypothetical or simulated performance results, including those generated by your use of the Services have certain limitations. Company makes no representation that any account, trade, or other actions will or is likely to achieve profits or losses similar to those shown. Past trading results, whether actual or indicated by the Services, are not necessarily indicative of future success or failure.
User is responsible for understanding and complying with all laws, rules, and regulations applicable to their specific trading activities in their jurisdiction.
The Services are provided on an “as is” and “as available” basis without warranties. The Services rely on financial data (including market prices, historical data, fundamental metrics, etc.) sourced from third-party providers. While Company strives for accuracy, Company does not guarantee the accuracy, completeness, timeliness, or sequencing of any data provided through the Services. Delays or inaccuracies in third-party data feeds are possible and may affect the results generated by the software. User acknowledges that trading analysis generated by the Services relies on mathematical models and algorithms, which models are based on certain assumptions and historical data, and may not perform as expected in real-market conditions. Furthermore:
Hypothetical and Backtested Performance Risk Results shown from backtesting or simulated performance are entirely hypothetical and do not represent actual trading. They are subject to the following limitations:
As a condition of your access and use of the Services and your submission or access to any communications, information, data, text, reports, audio clips, audiovisual works, or other materials on the Services (collectively, the “Content”), you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Company. By way of example, and not as a limitation, you agree not to:
When using, accessing the features of the Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms and Conditions.
We require that you create an account to use or access certain parts of the Services and use certain products and features. We require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Service, you agree to (a) provide Company with true, accurate, current and complete information as prompted by the Company’s registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts. Company reserves the right, in its sole discretion, to suspend or terminate accounts that violate the Terms and Conditions.
Company does not sell the personal information of users, but may collect and retain the following information from users for purposes of creating and managing accounts, processing payments, providing support, analyzing usage, sending updates, and maintain security:
We implement technical and organizational measures to protect your data. While we follow best practices, no system is completely immune to breaches. We use trusted third-party providers for payment, analytics, and email. They only access necessary data and are bound by confidentiality agreements. Depending on your jurisdiction, you may request access, correction, deletion, or export of your data.
Contact privacy@osideinnovations.com.
We retain information only as long as necessary to provide the Service, meet legal obligations, or resolve disputes. If you are outside the U.S., your information may be transferred to and processed in the U.S. with appropriate safeguards. StatsTerminal is not intended for users under 18. We do not knowingly collect data from minors. The Service may link to third-party websites. We are not responsible for their privacy practices. We may update this policy periodically. Continued use indicates acceptance of any changes. Contact Us by email at: privacy@osideinnovatiohns.com or through our website at : https://www.osideinnovationscom
Users may participate in the chat and message boards as part of the Services, and communicate with other Users. As a condition of submitting any Content or other materials to the Services, you agree that:
Company does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Company simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Company does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Company has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Company member or any Service Provider. However, Company reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Company be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Company relating to Content or Service Provider Content, and release Company from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to Support@osideinnovations.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Company may establish general practices, policies and limits, which may or may not be published, concerning the use of the Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Services in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Services. You agree that Company has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Company may terminate your privilege to use or access the Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Services and agree not to access or make use of, or attempt to use, the Services. Furthermore, you acknowledge that Company reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Services. You understand that Company may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Company.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by OSide Innovations LLC, 2108 N Street, Ste 14210, Sacramento, CA 95816. If You have any questions, concerns, or complaints regarding the Services, please contact Company, Inc. by either sending: (i) an email to Legal@osideinnovations.com; or (ii) a letter, first class certified mail, to Company, 2108 N Street, Ste 14210, Sacramento, CA 95816, Attn: Legal Department.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Company, and other Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Company in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Services is protect by copyright law. Aside from user- submitted Content, all other materials and other information on the Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Company and/or its licensors and are protected by all United States and international copyright laws.
All content, design, source code, trademarks and other intellectual property appearing on or through the Services are the property of Company and its licensors. You may not reproduce or create derivative works without written consent.
You agree that Company may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Company will be provided by either sending: (i) an email to Legal@osideinnovations.com; or (ii) a letter, first class certified mail, to Company, 2108 N Street, Ste 14210, Sacramento, CA 95816, Attn: Legal Department. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Company will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
OSide Innovations, LLC
2108 N Street, Ste 14210
Sacramento, CA 95816
Attn: Legal Department
Email: Legal@osideinnovations.com
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
Company will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Company appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and Company will not be liable for any future use or disclosure of such Submissions.
You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the content on or in connection with the Services may have on you; how you may interpret or use the content on or in connection with the Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Services. You release Company from all liability for you having acquired or not acquired content or information through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF COMPANY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICES. IN NO EVENT WILL COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, COMPANY DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. 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, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Company has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Company from all liability for you having acquired or not acquired Content through the Services. Company makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
You agree to indemnify, defend and hold harmless Company, its officers, managers, owners, employees, agents, designees, users, successors, and assigns against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Company or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Company will have sole control of the defense of any such damage or claim.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY COMPANY OR THE FAILURE OF COMPANY TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content and/or Services represents a substantial portion of the value You receive from Your Company Membership Fee. THEREFORE, TO THE EXTENT COMPANY IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, COMPANY’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO COMPANY THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR COMPANY, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF COMPANY TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY COMPANY. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF COMPANY TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY COMPANY. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT COMPANY SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You understand that the content in each report or record on Company has significant value to Company and that the damage caused to Company for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Company’s damages for the specified breaches of these Terms of Use:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Company agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Company as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Company's support department at Legal@osideinnovations.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Company support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration, as described below.
Where the relief sought is $10,000 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the www.fairclaims.com website. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
Where the relief sought is $10,001 or more, resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 401 B St UNIT 2100, San Diego, CA 92101; and (c) send one to Company, at 2108 N Street, Ste 14210, Sacramento, CA 95816 ATTN: Legal Department. You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Company will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Company further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Company) written notice of your decision to opt out to Legal@osideinnovations.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Company also will not be bound by them.
Changes to This Section: Company will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Company Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Company Terms of Use website or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Services.
Third-Party Beneficiary: You and Company acknowledge that any third party consumer reporting agency that Company uses to perform background checks on Service Members is an express and intended third party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Company will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the remainder of the section shall remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and Company through binding arbitration remains enforceable.
Company doesn’t sell your personal information directly to non-Company users. We may work with marketing partners who collect personal information directly from you through the use of cookies or other tracking technologies. This helps us and our marketing partners improve your marketing experience and share the most relevant ads with you.
If you’re a California resident, you have the right to opt out of both forms of sharing referenced above according to our Supplemental Privacy Notice for California Residents. Opting out means you’ll only hear from pros you contact first and we will not share your personal information marketing partners who are not a “Service Provider”. Please note, however, that it could be harder for us to find the right pro for you if you opt out.
To opt out of tailored browser advertising and for more information on how you can generally control cookies from being put on your computer to deliver tailored marketing, you send written notice of your decision to opt out to Legal@osideinnovations.com with the subject line, "TAILORED BROWSER ADVERTISING OPT-OUT." To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into our Services, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective.
Company operates on a monthly subscription basis. By subscribing, you authorize Company to, or its payment processor, to charge your selected payment method on a recurring basis. All payments are non-refundable, except where required by law. You may cancel your subscription any time via account settings, though cancellation will take effect at the end of the then-current billing cycle. Company reserves the right to modify pricing with prior notice; your continued use of the Services implies acceptance of new pricing. Company uses Stripe, Inc. to process payments of monthly membership dues. All Consumers and Service Providers will be required to comply with Stripe, Inc’s Terms and Conditions, which can be accessed at Stripe.com and are incorporated hereby and made a part hereof for all purposes.
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Company. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Company regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Company under these Terms of Use.
These Terms of Use and the relationship between You and Company will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in San Diego County, California and waive any defense of lack of personal jurisdiction or improper venue or forum non convenience to a claim brought in such court, except that Company may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
If you breach any term of these Terms of Use or other agreement with Company, Company may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Company’s remedies are cumulative and not exclusive. Failure of Company to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Company’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms of Use or use of the Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at OSide Innovations, LLC, 2108 N Street, Ste 14210, Sacramento, CA 95816. We will address any issue to the best of our abilities.