Effective October 5, 2017
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
- Your Acceptance
These Terms expressly supersede prior agreements or arrangements with you. Sitter may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
Sitter may amend the Terms related to the Services from time to time. Amendments will be effective upon Sitter’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- The Platform and Marketplace
The Services constitute a technology platform of mobile applications or websites provided as a part of the Services (each, an “Application”) that provides a marketplace for people seeking babysitting services (“Parents”) to arrange, schedule and pay trusted third party providers who provide those services (“Babysitters,” and collectively with Parents, “Users”) in addition to connecting with new Users through trusted friends or in your neighborhood. Unless otherwise agreed by Sitter in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE AND AGREE THAT SITTER DOES NOT PROVIDE BABYSITTING SERVICES, IS NOT A REFERRAL, MATCHING OR PLACEMENT SERVICE AND DOES NOT PROVIDE, REFER, PLACE, OFFER OR SEEK TO OBTAIN EMPLOYMENT OR ENGAGEMENTS FOR ANY OF ITS USERS. SITTER DOES NOT AND HAS NO OBLIGATION TO SCREEN OR VERIFY THE IDENTITY OR BACKGROUND OF ANY USER. SITTER DOES NOT SCREEN OR VERIFY THE TRAINING OR EXPERIENCE OF ANY OF THE USERS OR ANY CONTENT SUBMITTED BY A USER (“USER CONTENT”), INCLUDING BUT NOT LIMITED TO USER PROFILES. SITTER HAS NO CONTROL OVER THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF PROFILES OR OTHER USER CONTENT SUBMITTED THROUGH THE SERVICES, AND MAKES NO REPRESENTATIONS ABOUT ANY SUCH USER CONTENT ON THE SERVICES. SITTER FURTHER MAKES NO REPRESENTATIONS ABOUT THE BABYSITTERS OR THE PARENTS. YOU SHOULD MAKE YOUR OWN ASSESSMENTS OF THE PERSONS YOU DECIDE TO INTERACT WITH, ENGAGE OR PROVIDE SERVICES TO.
SITTER’S SERVICES MAY BE USED BY YOU TO CONNECT, REQUEST, SCHEDULE, AND PAY/RECEIVE PAYMENT FOR BABYSITTING SERVICES FROM THIRD PARTY BABYSITTERS, BUT YOU AGREE THAT SITTER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY BABYSITTING PROVIDED TO YOU OR BY YOU THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. USERS ARRANGE FOR THE BABYSITTING SERVICES SOLELY BETWEEN THEMSELVES, AND SITTER IS NOT A PARTY TO ANY OF THOSE ARRANGEMENTS. SITTER DOES NOT HAVE CONTROL, SUPERVISE OR PROVIDE ANY TRAINING OR EQUIPMENT TO THE BABYSITTERS, AND HAS NO CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF THE SERVICES PROVIDED BY BABYSITTERS. SITTER IS NOT INVOLVED IN THE TRANSACTIONS BETWEEN BABYSITTERS AND PARENTS AND SOLELY PROVIDES THE SERVICES TO FACILITATE USER BOOKING, CONNECTING, AND PAYMENT.
SITTER DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY BABYSITTERS WHO PROVIDE BABYSITTING SERVICES. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF THIRD PARTY BABYSITTERS WILL MEET YOUR NEEDS AND EXPECTATIONS. SITTER WILL NOT PARTICIPATE IN DISPUTES BETWEEN USERS. BY USING THE SERVICES, USERS ACKNOWLEDGE THAT THEY MAY BE EXPOSED TO SITUATIONS INVOLVING OTHER USERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY BABYSITTERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. SITTER SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO TRANSACTIONS OR RELATIONSHIPS BETWEEN USERS.
AS SET FORTH IN SECTION 10, YOU AGREE TO RELEASE SITTER FROM ANY CLAIMS OR LIABILITY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS. SITTER IS NOT AN EMPLOYMENT SERVICE AND DOES NOT SERVE AS AN EMPLOYER OF ANY USER. AS SUCH, USERS ARE SOLELY RESPONSIBLE (AND SITTER IS NOT RESPONSIBLE), FOR ANY TAX, WITHHOLDING OR REPORTING, INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT INSURANCE, SOCIAL SECURITY OR PAYROLL WITHHOLDING TAX OR INCOME REPORTING IN CONNECTION WITH ANY SERVICES PROVIDED BY USERS. YOU UNDERSTAND AND AGREE THAT IF SITTER IS FOUND TO BE LIABLE FOR ANY TAX, WITHHOLDING TAX OR REPORTING OBLIGATION IN CONNECTION WITH ANY SERVICES PROVIDED OR RECEIVED BY YOU, THEN YOU WILL IMMEDIATELY REIMBURSE AND INDEMNIFY SITTER FOR ALL COSTS, EXPENSES AND LIABILITIES (INCLUDING ANY INTEREST AND PENALTIES) RELATING TO THE SAME. IF REQUESTED BY SITTER, YOU AGREE TO PROVIDE SITTER WITH SUCH IDENTIFICATION DOCUMENTS (INCLUDING COPIES OF PASSPORTS AND DRIVER’S LICENSES) OR OTHER INFORMATION AS MAY BE NEEDED OR REQUESTED BY SITTER.
Subject to your compliance with these Terms, Sitter grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Sitter and Sitter’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Sitter; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- Third-Party Services and Content
The Services and all rights therein are and shall remain Sitter’s property or the property of Sitter’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Sitter’s company names, logos, product and service names, trademarks or services marks.
By requesting to use, registering to use and/or using the Services, you represent and warrant that:
- if you are a Parent: (i) you are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and (ii) you and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
- if you are a Babysitter: (i) you are an individual at least 13 years of age; (ii) you have the legal right to work in the United States; and (iii) you (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
- If you are a Babysitter between the ages of 13 to 17 and would like to use the Payment Feature (as defined below), your parent or legal guardian must agree to these Terms of Service and must provide their bank account information for receipt of payments on your behalf, as required by our payment service provider, Stripe. If any disputes or disagreements arise between a parent or legal guardian of a Babysitter and the Babysitter using the Services relating to the payments received from Sitter by the parent or legal guardian of a Babysitter, the parent or legal guardian and the Babysitter are responsible for resolving any such disputes directly with each other. Sitter will not be a party to any such dispute, and Sitter will not be obligated to take any action toward resolving the dispute.
SITTER HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
USER AGREES TO RELEASE SITTER AND SITTER’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THE SERVICES. (“Affiliated Parties” means Sitter’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
- Your Use of the Service
- User Accounts
- Personal Use Only and Conduct
Your Account is for your own personal use, and you may not permit anyone else to use your Account. The Services are intended to be used by people who want to connect, request, schedule, and pay/receive payment for babysitting services from third party Babysitters. Any use of the Services for any other purpose, (including but not limited to using the Services or information obtained from the Services to solicit, advertise to or contact Users for any other purpose) is prohibited. You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Services to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages that a User may send to other Users through the Services in any 24-hour period, terminating Accounts or blocking users with certain IP addresses from accessing the Services.
You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive, however, may only be used for the specific purpose it was provided to you in connection with the Services. Parents may not contact Parents, Babysitters may not contact Parents, and Parents may not contact Babysitters, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Application.
You may not use the Application or Services, or information obtained from the Application or Services, for the purposes of circumventing or attempting to circumvent Sitter’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to Sitter’s provision of the Services.
- Text Messaging and Push Notifications
By creating an Account, you agree that Sitter’s Application and Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Sitter at any time by selecting “Edit Profile” from the main menu, selecting “Account” and de-selecting “Text Message” under the “How Should We Contact You” category. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. Sitter does not charge for sending text messages, but your carrier may charge you.
Users of Services may receive push notification alerts from Sitter. Upon creating an Account, you may opt-in or opt-out of receiving push notification alerts from Sitter. You may change those preferences at any time on your own mobile device (generally under the “Settings” and “Notifications” menu and then selecting the “Sitter” Application preferences).
- Promotional Codes
Sitter may, in Sitter’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Sitter’s services, subject to terms that Sitter establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Sitter; (iii) may be disabled by Sitter at any time for any reason without liability to Sitter; (iv) may only be used pursuant to the specific terms that Sitter establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Sitter reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Sitter determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
- User Provided Content
Sitter may, in Sitter’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Sitter through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services and other Users, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Sitter, you grant Sitter a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Sitter’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Sitter the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Sitter’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Parents and Babysitters have the opportunity to provide endorsements and references (“Endorsements and References”) about each other. Endorsements and References should not include any personal information about a Babysitter or Parent that is not disclosed in the User’s public profile (for example, the Endorsements and References should not include or reference to a User’s address or phone number). Endorsements and References should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your Endorsements and References to reflect new experiences. As with other User Content, we reserve the right to remove any Endorsements and References that we feel, in our sole discretion, violates these guidelines.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Sitter in its sole discretion, whether or not such material may be protected by law. Sitter may, but shall not be obligated to, review, monitor, or remove User Content, at Sitter’s sole discretion and at any time and for any reason, without notice to you.
- Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Sitter does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- By Sitter
Sitter may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Membership and/or your account and your access to the Application, and/or (ii) remove your profile and/or any User Content posted by or about you, from the Application. Unless otherwise decided by Sitter, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s Membership and/or account, Sitter may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by Sitter, you may not re-register without Sitter’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
- By User
As a User, you may terminate your account at any time by going to “Edit Profile” and then “Account” and then clicking on “Cancel Your Sitter Account.” You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If you have a Membership, you may cancel it in accordance with Section 7(c).
- Effect of Termination
Upon the termination of your account, you will no longer have access to the Application or Services. If your account is terminated, your profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Endorsements and References, messages to other Users) may or may not (in our sole discretion) remain on the Application. Any User Content associated with your account after your account’s termination may not be available to you if you re-register with Sitter. Upon the termination of your Membership, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Application and Services that are available to Users who do not have Memberships. If following the termination or cancellation of your Membership and/or account, you continue to access and use other portions of the Application and/or Services, your use will continue to be governed by these Terms of Service. In addition, regardless of your discontinuation to use or access the Application, Sections 2-6, and 8-12 of these Terms of Service will continue in full force and effect.
- Third Party Background and Verification Services
All Sitter background checks and user verification services provided by Checkr include the following:
- Social Security Number Validation: The Social Security Number Validation SSN validation confirms the SSN is valid and identifies both the state and the year of issuance. The search also covers the national death index.
- Sex Offender Search: Checkr searches sex offender registries in all 50 states and the District of Columbia. Any known sex offender matching the candidate is listed, with identifying information, as well as details of the offense(s) depending on the state or reporting jurisdiction.
- Global Watchlist: Checkr searches various US and international government watch lists, such as the Office of Foreign Asset Control, Interpol and Specially Designated Nationals.
- National Criminal Database Search: The national criminal search is a multi-jurisdictional search that encompasses numerous sources. It includes national security sources, numerous federal databases, and arrest and criminal data from various local, county and state agencies. Checkr will verify all potential hits found on the national criminal database by launching a county level search.
- County Criminal Search – Unlimited County, 7 Year History: Checkr will automatically trigger a county level search in all the counties that is returned on an applicant address history. Checkr will leverage electronic access where available and conduct physical court searches where required.
- MVR: Checkr pulls motor vehicle reports directly from Motor Vehicle Departments in all 50 states and the District of Columbia. Motor vehicle reports include the license status (valid, expired, suspended, etc.) as well as DUI history, moving violations and accidents.
Please note that Checkr’s background check and user verification services may be incomplete, not up-to-date, and may not provide all information about a Parent or a Babysitter that may be relevant to you such as, for example, address verification, and pending criminal and/or civil complaints. Under Federal law, companies like Checkr are prohibited from reporting non-conviction criminal records that are more than seven years old. This means that if a person was arrested, but criminal charges were dismissed or dropped over seven years ago, that particular non-conviction record should not be included in their background report. Some states have passed additional laws that further restrict companies like Checkr from reporting criminal records regardless of when they occurred. Accordingly, you should take such actions as you feel are appropriate to evaluate such Parent’s or Babysitter’s background.
- Use by Babysitters
Babysitters may order a background check and verification service from Checkr made available through the Service that allows Babysitters to provide verification of their own information and also a background check of themself.
To the extent permitted by law, Sitter will receive and review a summary copy of each background check a Babysitter orders through the Service. If Checkr reports that a Babysitter has cleared Checkr’s background check, at Sitter’s discretion, this information may be included on the Babysitter’s Profile along with the date the Babysitter cleared the background check for a period of up to 12-months from the background check date (after which period, it shall be the Babysitter’s responsibility to reinitiate, if the Babysitter chooses, a new background check). Each Babysitter understands that Sitter retains the right, but has no obligation, to take action with respect to the Babysitter’s Sitter account based on the information contained in the background check report, including, but not limited to, terminating the Babysitter’s account, regardless of whether incorrect or incomplete information in the report is subsequently corrected or completed. Use of Checkr is voluntary, and Sitter does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by Checkr. Any inaccuracies or disputes regarding information contained in a background check report must be addressed with Checkr (and not Sitter).
- Use by Parents
Parents may order a background check and verification service from Checkr made available through the Service that requests a background check and verification of a specific Babysitter. If a Parent orders a background check and verification of a specific Babysitter, that Babysitter will receive a notification of the request by the Parent through the Service and the Babysitter must provide consent through Checkr and provide the information needed for Checkr to conduct the background check and verification.
To the extent permitted by law, Sitter will receive and review a summary copy of each background check a Parent orders through the Service. If Checkr reports that the Babysitter for whom the Parent ordered a background check and verification has cleared Checkr’s background check, the Parent will be provided with the summary Results. Use of Checkr is voluntary, and Sitter does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by Checkr. Any inaccuracies or disputes regarding information contained in a background check report must be addressed with Checkr (and not Sitter).
- Use By Sitter
Sitter has the right, but not the obligation, to order a background check on Users from Checkr or any other 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service, each to the extent permitted by law. You understand that Sitter retains the right, but has no obligation, to take action with respect to your Sitter account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. Sitter does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information (and not Sitter). By agreeing to these Terms of Service, you consent to Sitter performing background and/or verification checks on you. If you do not want these checks performed, do not use the Services.
- Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the “FCRA”), we are notifying you that Checkr or any other 3rd Party Verification Service may be a consumer reporting agency subject to the FCRA and the reports issued by such 3rd Party Verification Services may be “consumer reports” subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. If Sitter takes adverse action with respect to your account based on information contained in a consumer report, Sitter will notify you and provide you the name and contact information of the 3rd Party Verification Service. Sitter will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it.
If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through the Services or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Sitter and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. Sitter does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
- Payment, Fees, Membership, Cancellation and Refund Policies
- Payment Feature Credit Card and Bank Fees
If Users elect to use the payment feature of the Service, which includes the timer functionality, total calculations and payment facilitation (the “Payment Feature”), use of such Payment Feature will result in a pass through of any applicable credit card and bank fees added to the total amount paid to Babysitters for the services you receive from Third Party Babysitters (“Charges”). After you have received services from Babysitters obtained through your use of the Service, Sitter will facilitate payment of the applicable Charges on behalf of the Third Party Babysitters, as such Third Party Babysitter’s limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Babysitters. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Sitter.
All Charges are due immediately and payment will be facilitated by Sitter using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Sitter may, as the Third Party Babysitter’s limited payment collection agent, use a secondary payment method in your Account, if available.
Sitter reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Sitter’s sole discretion. Sitter may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from Third Party Babysitters at any time prior to such Third Party Babysitter’s arrival. This payment structure is intended to fully compensate the Third Party Babysitters for the services provided and at the hourly rates set by Babysitters in their sole discretion. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Babysitters who provide you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
Where indicated on the Application, fees are charged to access and use certain Services on the Application. For example, Users may purchase memberships (“Memberships”) to use and access certain Services (“Premium Services”) that are not available to Users who do not have Memberships.
A description of current Membership plans for Babysitters is available here.
A schedule of current Membership plans for Parents is available here.
Services, including the applicable Membership plan and the Premium Services available under such plans, and fees (including which Services are charged fees) are subject to change or termination by Sitter from time to time without notice. If there is any change to the Membership plans, Premium Services or fees, the pages listing the current Membership plans and Premium Services or fees, respectively, will be updated.
Users who use these Premium Services agree to pay Sitter the applicable fees then in effect. In addition, Users authorize Sitter to charge their chosen payment provider for use of the Application. Sitter reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if there is any change to the Membership plans or Premium Services available thereunder.
Memberships, fee credits (if any), and any other items or benefits associated with a User’s Membership are nontransferable.
- Membership Renewals and Cancellation
Memberships will continue until cancelled by the User. At the end of your Membership period, your Membership will automatically renew for the same Membership period (for example, monthly or annually) at the then-current Membership rate for the applicable Membership plan, unless you cancel your Membership before it renews. For example, if you signed up for an annual Membership plan, at the end of the initial one-year period if you haven’t yet cancelled your Membership, your Membership will be automatically renewed for another one-year period at the then-current rate for annual Memberships. For any automatic renewal, you authorize Sitter to charge your selected payment method the then-current applicable fee in accordance with the Membership plan you selected.
As a User, you may cancel your Membership at any time by going to “Edit Profile” and then “Account” and then clicking on “Change or Manage Your Membership Plan.” The cancellation will be effective at the end of your then current Membership term. You may restore your Membership or upgrade your Membership at any time, but your previous fee credits may no longer be available.
If you cancel your Membership, you will continue to have access to your Premium Services associated with your Membership until the cancellation becomes effective. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if you cancel your Membership and/or account. All Premium Services cease when your Membership’s cancellation becomes effective; your Membership will not renew thereafter. Upon the effective cancellation of your Membership, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Application and Services that are available to Users who do not have Memberships. Cancelling your Membership will not delete your account. You can deactivate your account at any time by going to “Edit Profile” and then “Account” and then clicking on “Cancel Your Sitter Account.”
- Free Trials and Promotional Offers
Sitter may offer limited time, free trial Memberships or Promotional Offers from time to time. Users under a free trial Membership will have access to such Premium Services as decided by Sitter. Sitter may require a User to provide the User’s payment information to start a free trial. For such free trials, Sitter may automatically charge the User for the Membership on the first day following the end of the free trial period, on a recurring monthly or annual basis or as otherwise described in the offer for the free trial. To avoid such charges, Users with free trial Memberships must cancel their Membership before the end of the free trial period. Promotional Offers, which may include discount codes or account credits toward fees, may be subject to expiration dates and may only be applicable to select Users.
- Payment Information
If you purchase a Membership (or have a free trial Membership) or use Sitter’s Payment Feature, you agree to allow Sitter’s third party payment processor, Stripe, Inc. (“Stripe”), to process your payment and store your payment card information in accordance with the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, Users and Babysitters that use the Payment Feature also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Sitter enabling payment-processing services through Stripe, you agree to provide Sitter accurate and complete information about you, and you authorize Sitter to share it and transaction information related to your use of the payment processing services provided by Stripe. Sitter assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
Users with Memberships are responsible for maintaining current and accurate payment card information associated with their accounts. Without limiting Section 5(a), Sitter may terminate a User’s Membership and/or account if the User’s payment card information is expired or is otherwise invalid.
All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed. Fee credits (if any), and any other items or benefits associated with a User’s account are nontransferable.
If any disputes or disagreements arise between Parents and Babysitters relating to the services provided by Babysitters or payments made by or due from Parents, the Parents and the Babysitters are responsible for resolving any such disputes directly with each other. Sitter will not be a party to any such dispute, and Sitter will not be obligated to take any action toward resolving the dispute.
- Disclaimer and Release; Limitation of Liability; Indemnity
- Disclaimer and Release
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF SITTER AND ITS AFFILIATED PARTIES. EACH OF THE PARAGRAPHS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SITTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SITTER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
YOU AGREE TO RELEASE SITTER AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SERVICES, (II) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, OR (III) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR SITTER.
SITTER MAKES NO CLAIMS OR PROMISES ABOUT (I) THE OPINIONS, ADVICE, STATEMENTS, REVIEWS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE ON THE APPLICATION OR THROUGH THE SERVICES BY USERS, OR (II) THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE APPLICATION OR AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR SITTER.
- Limitation of Liability
LIMITATION OF LIABILITY. IN NO EVENT WILL SITTER OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING OR ARISING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APPLICATION OR TRANSMITTED TO OR BY ANY USER OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN TOU AND OTHER OSERS, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR SITTER.
YOU AGREE THAT NEITHER SITTER NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, SITTER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO SITTER IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless Sitter and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by Sitter and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Services; (ii) User Content and use of such content by Sitter; (iii) your violation of these Terms of Service or your violation of any rights of a third party; (iv) your interactions with or conduct towards any other Users; (v) your violation of any applicable law, rules or regulations; or (vi) information contained in any background or verification report ordered by Sitter. You agree that you will cooperate as reasonably requested by Sitter in the defense of such claims. Sitter and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
- Miscellaneous Provisions
- Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent:
if by mail to:
Attn: General Counsel
2301 Blake Street
Denver, CO 80205
if by e-mail to:
- Governing Law and Venue
Colorado law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and Sitter, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Colorado, City and County of Boulder.
- Assignment; No Joint Venture or Partnership; Severability; Waiver
You may not assign these Terms without Sitter’s prior written approval. Sitter may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Sitter’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Sitter or any Third Party Babysitters as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Sitter’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sitter in writing.
- Complete Agreement
These Terms of Service contains the entire agreement between you and Sitter regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
- Contact Information
If you have any questions or need further information as to the Services, or need to notify Sitter as to any matters relating to the Services please contact Sitter at: Sitter Inc., 2301 Blake Street, Suite 100, Denver, CO 80205 or email at: email@example.com.