Terms of Service

Thank you for using FourSide. By using FourSide, you agree to our Terms of Service (“Terms”), which is a legal agreement. If you are using FourSide for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites and Services.

1. Definitions
   When we say, “we,” “our,” or “us,” we’re referring to FourSide Solutions, LLC, a Michigan limited liability company, our members, employees, directors, officers, affiliates, and subsidiaries.When we say “you” or “your,” we are referring to the person who or entity which is registered with us to use the FourSide Solutions Services.When we say “Websites,” we mean our websites located at FourSideSolutions.com, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.When we say “Services,” we mean our Websites, applications, our content, and various third-party services that make up FourSide Solutions.When we say “FourSide,” we mean our Websites and Services collectively.When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

2. General Rules
   To use FourSide, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
   • You are responsible for all content you provide and your activities on FourSide;
   • You will use FourSide in compliance with all applicable laws, rules, and regulations;
   • You will not use FourSide to solicit the performance of any activity which infringes our rights or the rights of others; and
   • You will not use FourSide to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use FourSide, subject to the terms and conditions set forth herein. Your use of FourSide is at your own risk.

3. Intellectual Property
   You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.We own FourSide and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of FourSide, our Services, or our content on FourSide without our written permission.You grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into FourSide or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

4. Passwords and Accounts
   You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on its behalf.

5. Payment Terms
   The free trial offer entitles newly registered users to a thirty (30) day free trial of the Services.Your fees will be computed, and can be accessed, at the time of your initial application under the “Try FourSide Free” tab at www.foursidesolutions.com. After inputting your information and selecting “Proceed to Billing,” see “Your order” for your total fees. All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.A valid credit card is required for you to continue using the Services on a month-to-month basis after the thirty (30) day free trial period ends. The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account.We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to FourSide or by email.

6. Cancellation and Termination
   You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Company Settings and selecting “Closing your Account.” An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
   

7. Indemnification
   You agree to indemnify and hold us harmless from any and all suits, demands, loss, liability, claims, counterclaims, or expenses (including attorneys’ fees and costs of litigation) made against us by any third party due to or arising out of or in connection with your use of FourSide.

8. Representations and Warranties
   To the maximum extent permitted by law, we provide FourSide on an “as is” and “as available” basis, which means we do not provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose as well as any warranties that: (i) FourSide will meet your specific requirements, (ii) FourSide will not be uninterrupted, timely, secure, or error-free, (iii) the results which may be obtained from the use of FourSide will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through FourSide will meet your expectations, and (v) any errors in FourSide will be corrected.

9. Limitation of Liability
   To the fullest extent permitted by law, you assume full responsibility for, and we disclaim all liability to you for, any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of FourSide and any linked sites and services. Your sole remedy against us for dissatisfaction with FourSide is to stop using FourSide. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

10. Governing Law
    You agree that all matters relating to your access to or use of FourSide, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree to the personal jurisdiction and venue in the state and federal courts of Ottawa County, Michigan, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

11. Force Majeure
    You agree that we are not liable for any delays or failure in performance of any part of the Services which result from any act of nature or other cause beyond our control.

12. Severability
    If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms shall still be deemed valid and enforceable.

13. Assignments
    You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

14. No Waiver
    Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement
    These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of FourSide, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

16. Amendments and Changes to FourSide
    We reserve the right, at our sole discretion and at any time, to change, modify, add, or remove portions of the Terms. Amendments to these Terms will not be effective until we post such amended Terms on the Website. Unless explicitly stated otherwise, any new feature that augments or enhances FourSide shall be subject to the Terms.It is your responsibility to check the Terms periodically for changes. Your continued use of FourSide following the posting of changes will be deemed to be your agreement to, and acceptance of, such changes.We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to FourSide, or any portion of FourSide for any reason; (2) to modify or change FourSide, or any portion of FourSide, and any applicable policies or terms; and (3) to interrupt the operation of FourSide, or any portion of FourSide, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

17. Questions
    If you have any questions or concerns about the Terms, please email us at support@foursidesolutions.com.

Last updated: October 15, 2016.