Sitters.com Terms of Use
These terms and conditions (the "Terms") govern your use of the products and services offered by Sitters.com, LLC ("Sitters.com") at the Sitters.com Website (the "Site"). Please read these Terms before using the Site or any of the products and services offered by or through it. Your use of the Site constitutes your acceptance of the Terms, whether or not you register as a member of Sitters.com ("Member"). If you become a Member and make use of the Sitters.com service (the "Service"), these Terms become part of the Agreement between you and Sitters.com and govern your use of such Service. By using this Site, you agree to and accept all terms and conditions contained herein. If you object to anything in these Terms or the Sitters.com Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by Sitters.com at any time, effective upon posting on the Sitters.com Website, and your use of the Site or the Service after such posting constitutes acceptance by you of such changes.
ACCEPTANCE OF TERMS
These Terms set out the legally
binding terms of your use of the Site and the Service. These Terms may be modified
by Sitters.com from time to time, such modifications to be effective upon posting
by Sitters.com on the Site. These Terms include the
Sitters.com Privacy Policy. By accessing the Site or becoming a Member,
you accept and agree to these Terms. In addition, by becoming a Member, you consent
to have these Terms provided to you in electronic form.
SITTERS.COM IS A VENUE
The Site is a communications
platform for enabling the connection between individuals seeking home or care services
("Care Recipients") and/or individuals or companies providing home or
care services ("Care Providers"). Sitters.com does not take part in the
interaction between Care Recipients and Care Providers except to collect payments
on the behalf of Care Recipients and Care Providers for venue services through the
Site. You represent, understand and expressly agree that Sitters.com does not have
control over the quality, timing, legality or any other aspect whatsoever of the
services actually delivered by the Care Providers, nor of the integrity, responsibility
or any of the actions whatsoever of the Care Recipients. Sitters.com makes no representations
about the suitability, reliability, timeliness, and accuracy of the services provided
by Care Providers or Care Recipients through the Site whether in public, private
or offline interactions. Sitters.com does not assume, and expressly disclaims, any
responsibility for the accuracy or reliability of any information provided by Care
Providers or Care Recipients on this Site. Sitters.com does not assume and expressly
disclaims any liability that may result from the use of this information. Sitters.com
is not responsible for the conduct, whether online or offline, of any user of the
Site or Member of the Service. All users including both Care Recipients and Care
Providers do hereby expressly agree not to hold Sitters.com (or Sitters.com's officers,
directors, managers, members, subsidiaries, agents, assignees, representatives,
advertisers or employees) liable for any instruction, advice or services delivered
which originated through the Site and Sitters.com expressly disclaims any liability
whatsoever for any damage, suits, claims, and/or controversies that have arisen
or may arise, whether known or unknown therefrom.
ELIGIBILITY
By using the Site, you represent and
warrant that you have the right, authority and capacity to agree to these Terms
and to abide by all of the terms and conditions herein. Our services are available
only to individuals and companies that can form legally binding contracts under
applicable law. Without limiting the foregoing, our services are not available to
minors under the age of eighteen (18) or to anyone who may not legally work within
the jurisdiction of the United States. This Site is currently available only to
United States citizens and/or any individuals who are legally in the jurisdiction
of the United States and may legally work within its jurisdiction. This Site is
not available to anyone who has been convicted of a felony or any criminal offense
characterized as a sexual offense. Any misstatements and/or misrepresentations regarding
the age, background, felonies, criminal offenses, experience and/or eligibility
for employment in the jurisdiction of the United States of any Care Provider or
any other users of this Site are not the responsibility of Sitters.com. Sitters.com
does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations
made by any Care Providers and/or other users of this Site. Users do hereby represent,
understand and agree to hold Sitters.com harmless for any misstatements and/or misrepresentations
made by any users of this Site. Misstatements and/or misrepresentations are grounds
for immediate termination of your use of the Site and the Services.
RELEASE
Care Recipients may seek the services of
a Care Provider through the use of the Site and Care Providers may submit proposals
to Care Recipients regarding their services. Once a Care Recipient has accepted
the terms of the service and payment from the Care Provider and the Care Provider
has accepted the terms of the payment from the Care Recipient, a binding contract
is formed between the Care Recipient and the Care Provider. If there are any issues
concerning the service received by the Care Recipient or payment due to the Care
Provider, Care Recipients must deal directly with Care Providers and vice/versa
to resolve any disputes. Sitters.com will not be held responsible and expressly
disclaims any liability whatsoever for any claims, demands or damages direct or
indirect of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes.
By using this Site, you represent, understand, and expressly agree to hold Sitters.com
harmless for any claim or controversy that may arise from any disputes between you
and any other user(s) of the Site. Sitters.com will use its reasonable efforts to
monitor Care Provider and Care Recipient profiles, actions, comments, and general
usage of the Site and suspend privileges to any Care Recipient or Care Provider
not adhering to the policies of the Site. You agree to take reasonable precautions
in all interactions with other users of the Site, particularly if you decide to
meet offline or in person. In addition, you agree to review the Sitters.com Safety
Tips prior to using the Service. You agree to report any alleged improprieties of
any users therein to Sitters.com immediately by notifying Sitters.com of the same
via electronic correspondence at
membercare@sitters.com.
EXCLUSIVE USE
If you have a Sitters.com account,
your account is for your sole, personal use, you may not authorize others to use
your account, and you may not assign or otherwise transfer your account to any other
person or entity.
INFORMATION PROVIDED BY USERS
You are responsible
for providing accurate, current and complete information in connection with your
registration for use of the Site. Sitters.com is not responsible for any claims
relating to any inaccurate, untimely or incomplete information provided by users
of the Site. Your covenant that your use of the Service, including but not limited
to the Content you post on the Service, will be in accordance with any and all applicable
laws and regulations.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Sitters.com or to any other user of the Site.
You understand and agree that Sitters.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of Sitters.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or otherwise threaten the business and/or operations of Sitters.com.
By posting Content to any public or member area of the Site you grant, and you represent and warrant that you have the right to grant, to Sitters.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Sitters.com will not infringe or violate the rights of any third party. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Sitters.com, are those of their respective authors. Such authors are solely responsible for such content. Sitters.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Sitters.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
In addition, if you post a video to the Site, you are required to agree to the terms of use of Fliqz, Inc., a third party that provides video services on the Site. The Fliqz Terms of Use located at http://www.fliqz.com/FliqzAPI/terms.htm are hereby incorporated into this Agreement by reference.
PRIVACY
Sitters.com's Privacy
Policy sets forth additional terms and conditions applicable to the information
you provide on the Site. For more information, see our full
Privacy Policy.
COPPA COMPLIANCE
Care Recipients and Care Providers
should monitor children's use of the Internet. Sitters.com is intended for people
18 or over. Sitters.com will not knowingly collect any information from children
under 13. You must truthfully identify your age during the registration process.
Sitters.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as
well as all FTC regulations very seriously. That being said, Sitters.com does not
assume any responsibility for any misrepresentations regarding your age or parental
consent when using this Site. Should we determine that you provided any false information
to us when using this Site, your membership will be terminated immediately.
LINKS TO EXTERNAL SITES
Links from the Site to external
sites (including external sites that are framed by Sitters.com) or inclusion of
advertisements do not constitute an endorsement by Sitters.com of such sites or
the content, products, advertising and other materials presented on such sites or
of the products and services that are the subject of such advertisements, but are
for users' reference and convenience. Users access them at their own risk. It is
the responsibility of the user to evaluate the content and usefulness of the information
obtained from other sites. Sitters.com does not control such sites, and is not responsible
for their content. Just because Sitters.com has hyperlinks to such sites does not
mean that Sitters.com endorses any of the material on such sites, or has any association
with their operators. Users further acknowledge that use of any site controlled,
owned or operated by third parties is governed by the terms and conditions of use
for those sites, and not by Sitters.com's Terms and
Privacy Policy. Sitters.com expressly disclaims any liability derived from
the use and/or viewing of links that may appear on this Site. All users hereby agree
to hold Sitters.com harmless from any liability that may result from the use of
links that may appear on the Site.
PROHIBITED USE
The Site and related services may
not be used by any person or organization to recruit, solicit, or contact in any
form Care Recipients or Care Providers for employment or contracting for a business
not affiliated with Sitters.com without express written permission from Sitters.com.
If you violate the terms of this Section or any other terms stated herein, Sitters.com
reserves the right, at its sole discretion, to immediately terminate your use of
the Site and, in addition, you agree to pay a $10,000 per day penalty fee for scraping,
either in a manual or automatic manner, Care Provider or Care Recipient information,
including but not limited to, names, addresses, phone numbers, or email addresses,
copying copyrighted text, or otherwise misusing or misappropriating site content,
including but not limited to, use on a "mirrored," competitive, or third
party site. Although Sitters.com cannot monitor the conduct of its users off the
Site, it is also a violation of these rules to use any information obtained from
the Site or the Service in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit, or sell to any user without their prior
explicit consent. In order to protect our users from such advertising or solicitation,
we reserve the right to restrict the number of emails which a user may send to other
users to a number which we deem appropriate in our sole discretion. In order to
protect the integrity of the Site and the Service, Sitters.com reserves the right
at any time in its sole discretion to block users from certain IP addresses from
accessing the Site.
PAYMENT AND REFUND POLICY FOR CARE PROVIDERS
The
basic services of Sitters.com are free for individual Care Providers, though some
premium services are offered for a fee.
Individual Care Providers have the option of enrolling in the Featured Care Provider Program. Individual Care Providers that enroll in this program are obligated to pay for the service of this program, unless specifically notified otherwise. The services of Featured Care Provider Program include a more prominent listing on the Site, priority notification of new jobs, and a background check. A background check will only be included as part of the Featured Care Provider Program if the Care Provider does not have a background check on file or if an existing background check on file is older than 1 year. Refunds or credits for existing background checks will not be granted to Care Providers that enroll in the Featured Care Provider Program. Care Providers that enroll in this program agree to pay Sitters.com all charges at the prices then in effect for the Featured Care Provider Program. In addition, Care Providers participating in the Featured Care Provider Program authorize Sitters.com to charge their chosen payment provider for participation in the program. Sitters.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of Individual Care Providers that enroll in the Featured Care Provider Program will be automatically extended for successive renewal periods of the same duration as the original subscription term, at the then-current non-promotional subscription rate. To cancel your subscription in the Featured Care Provider Program, contact membercare@sitters.com.
Companies and agencies that sign up as Care Providers are obligated to pay for the service of the Site, unless specifically notified otherwise. Such Care Providers agree to pay Sitters.com all charges at the prices then in effect for any use of the Site. In addition, these Care Providers authorize Sitters.com to charge their chosen payment provider for use of the Site. Sitters.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of companies and agencies that sign up as Care Providers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To cancel your subscription, contact membercare@sitters.com.
No refunds or credits will be provided to Care Providers for subscription or program cancellation requests received after the account has been billed. At Sitters.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Sitters.com.
PAYMENT AND REFUND POLICY FOR CARE RECIPIENTS
Care
Recipients are obligated to pay for the service of the Site, unless specifically
notified otherwise. Care Recipients that sign up agree to pay Sitters.com all charges
at the prices then in effect for any use of the Site. In addition, Care Recipients
authorize Sitters.com to charge their chosen payment provider for use of the Site.
Sitters.com reserves the right to correct any errors or mistakes that it makes even
if it has already requested or received payment.
The subscriptions of Care Recipients will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To cancel your subscription, contact membercare@sitters.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. At Sitters.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Sitters.com.
THIRD PARTY VERIFICATION SERVICES
Sitters.com may
make a third-party verification service available to Care Recipients and Care Providers.
Care Recipients and Care Providers may use this service to verify information such
as, but not limited to, name, address, social security number, and criminal background.
Use of a third-party verification service is voluntary. If you decide to use or
access information provided by a third-party verification service offered through
the Site, you acknowledge and agree that Sitters.com is merely a conduit for the
third-party verification service and does not have any direct or indirect control
over nor does it assume any responsibility for, the quality, accuracy, or reliability
of the information provided by the third-party verification service.
FAIR CREDIT REPORTING ACT
If you decide to use or
access information provided by a third-party verification service offered through
the Site, you agree that you will comply with the Fair Credit Reporting Act ("FCRA"),
which can be found at http://www.ftc.gov/os/statutes/fcrajump.htm. Sitters.com does
not assume and expressly disclaims any liability that may result from the use of
information provided by a third-party verification service.
SMS TEXT MESSAGE ALERT SERVICE
Sitters.com makes
a SMS text message alert service available to Care Recipients and Care Providers.
Care Recipients and Care Providers who decide to use this service will receive SMS
text message notifications on their cellular phones and/or mobile devices. Use of
the SMS text message service is voluntary. By deciding to use this service, you
give Sitters.com express permission to send SMS text messages your cellular phone
and/or mobile device. Additionally, you do hereby represent, understand and expressly
agree that Sitters.com does not have control over or assume any responsibility for
the quality, accuracy, or reliability of this service. Although, Sitters.com does
not charge for this service, carrier charges may apply for receiving SMS text messages.
You are solely responsible for any costs you incur when receiving SMS text message
alerts from Sitters.com.
NO WARRANTY
The information and materials contained
in this website and the Service, including without limitation text, graphics, data,
information, links or other items are provided "as is", "as available".
SITTERS.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION
AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS
INFORMATION, DATA AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR
STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM
FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS
OR ANY OTHER PRODUCTS OR SERVICES AVAILABLE THROUGH SITTERS.COM.
LIMITATION OF LIABILITY
In no event will Sitters.com
be liable for any damages, including without limitation direct or indirect, special,
incidental, or consequential damages, losses or expenses arising in connection with
this Site, your use of the Service, any information received from the Site, any
email distributed to any user or any linked web site or use thereof or inability
to use by any party, or in connection with any failure of performance, error, omission,
interruption, defect, delay in operation or transmission, computer virus or line
or system failure, even if Sitters.com, or representatives thereof, are advised
of the possibility of such damages, losses or expenses.
Sitters.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will Sitters.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and SITTERS.COM EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Sitters.com cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Sitters.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
INDEMNIFICATION
By using the Site and/or the Services,
you agree to indemnify, defend and hold harmless Sitters.com, its directors, officers,
employees, agents, managers, members, licensors, attorneys, independent contractors,
providers, subsidiaries, and affiliates (collectively referred to herein as "Sitters.com
and Affiliates") from and against any and all claim, loss, expense or demand
of liability, including attorneys' fees and costs incurred by Sitters.com and Affiliates
in connection with any claim by a third party (including an intellectual property
claim) arising out of (i) materials and content you submit, post or transmit through
the Site, or (ii) use of the Site or the Service by you in violation of these Terms
of Use or in violation of any applicable law. You further agree that they you cooperate
as reasonably required in the defense of such claims. Sitters.com and Affiliates
reserve the right, at their own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by users, and users shall not,
in any event, settle any claim or matter without the written consent of Sitters.com.
Users further agree to hold harmless Sitters.com and Affiliates from any claim arising
from a third party's use of information or materials of any kind that users post
to the Site.
COPYRIGHT AGENT, NOTICE, AND TAKE DOWN PROCEDURES
If you believe any materials accessible on or from Site infringe your copyright,
you may request removal of those materials (or access thereto) from this Site by
contacting Sitters.com's copyright agent (identified below) and providing the following
information:
Sitters.com's agent for copyright issues relating to this Site is as follows:
Sitters.com, LLC
Legal Department
Attn: Copyright Agent
19465 Deerfield Ave
Suite 208
Lansdowne, VA 20176
Phone: 800-434-0838
Fax: 703-852-3895
Email: copyright@sitters.com
NOTICE OF TRADEMARK RIGHTS
The service marks and
trademarks Sitters.com and the Sitters.com logo are trademarks or service marks
owned by Sitters.com or its licensors. All rights reserved. Any other trademarks,
service marks, logos and/or trade names appearing on the Site are the property of
their respective owners. You acknowledge the rights of Sitters.com and the respective
third parties in those marks. Users may not copy or use any of these marks, logos
or trade names without the prior written permission of the owner as expressly allowed
by these Terms.
U.S. EXPORT CONTROLS
Software from this Site (the
"Software") is further subject to United States export controls. No Software
may be downloaded from the Site or otherwise exported or re-exported (i) into (or
to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
JURISDICTION AND CHOICE OF LAW
If there is any dispute
arising out of the Site and/or the Service, by using the Site, you expressly agree
that any such dispute shall be governed by the laws of the Commonwealth of Virginia,
without regard to its conflict of law provisions, and you expressly agree and consent
to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth
of Virginia, Loudoun County, for the resolution of any such dispute.
MISCELLANEOUS
Nothing in these Terms shall be construed
as making either party the partner, joint venturer, agent, legal representative,
employer, contractor or employee of the other. Neither party shall have, or hold
itself out to any third party as having, any authority to make any statements, representations
or commitments of any kind, or to take any action, that shall be binding on the
other, except as provided for herein or authorized in writing by the party to be
bound. This Agreement will be binding on and will inure to the benefit of the legal
representatives, successors and assigns of the parties hereto.
CONTACT INFORMATION
If you have any questions, need
further information as to the Site or Service provided by Sitters.com, or need to
notify Sitters.com as to any matters relating to the Site or Service please contact
Sitters.com at:
Sitters.com, LLC
Legal Department
19465 Deerfield Ave
Suite 208
Lansdowne, VA 20176
Email: membercare@sitters.com