Sitterfied, Inc. (“Sitterfied,” “we,” “us,” or “our”) is truly excited that you have chosen to access and use the Sitterfied website (the “Website”), our Facebook, Twitter, and/or our other social media plugins (the “Social Media Plugins,” together with the Website, the “Services”).
DESCRIPTION OF SERVICES
Sitterfied provides a hub for people looking for babysitting services, and connects them to babysitter reviews and recommendations from people they know and trust within their social networks to facilitate the search process. Registered Users, called “Parents” in our community, can run searches for the availability of other Registered Users offering babysitter services, called “Sitters,” on certain dates and during certain timeframes, and can interview and/or book babysitting services with Sitters. The final decision as to whether the booking (each, a “Booking”) will take place is with the Parents.
WAIVER AND RELEASE
Although you are able to find information about Sitters through our Services, we are not a party to any Booking between Parents and Sitters. Accordingly, we shall have no liability to any party in connection with such Bookings. We do recommend, however, that in connection with each Booking, the Parent and Sitter reduce their agreement to writing, to the extent possible. Furthermore, Registered Users acknowledge and agree that they are solely responsible for determining their own tax reporting requirements in consultation with their own tax advisors, and Sitterfied cannot, and does not, offer tax advice to any Registered User.
YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT SITTERFIED AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR INTERACTION WITH OTHER REGISTERED USERS, ANY BOOKING, AND YOUR EXPERIENCE AS A PARENT OR A SITTER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS THE INTENTION OF THE PARTIES THAT THE FOREGOING RELEASE AND DISCHARGE SHALL BE EFFECTIVE AS A BAR TO ALL CLAIMS OF WHATEVER CHARACTER, NATURE, AND KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, HEREINABOVE SPECIFIED TO BE SO BARRED. IN FURTHERANCE OF THIS INTENTION, THE RELEASING PARTIES EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON THEM BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
In order to use the Services, you acknowledge and agree that:
NOTWITHSTANDING ANYTHNG TO THE CONTRARY, SITTERFIED DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD SITTERFIED HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.
DESCRIPTION OF REGISTERED USERS
We provide Guests and Registered Users with access to the Services as described in this Agreement.
Guests. Guests are people who don’t register with us, but want to look around and see what the Services are all about. No login is required for Guests. Guests can (a) view all publicly-accessible content, and (b) e-mail us.
Registered Users. Registered Users are required to login in order to access and use the Services. Registered Users can do all the things that Guests can do, and may also be able to do, without limitation, the following: (a) set up and populate a user profile that may be made visible to other Registered Users; (b) find other Registered Users within their social network(s); (c) enter into Bookings with other Registered Users; (d) message other Registered Users within their social network(s); (e) participate in our exclusive promotional offers, (f) sign up for alerts and other notifications, (g) post reviews and pictures, and (h) recommend other Registered Users.
We are under no obligation to accept any individual as a Registered User, and may accept or reject any registration in our sole and absolute discretion.
During the registration process to become a Registered User, we will ask you to create an account (an “Account”), which may include a user name (“User Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your Account, you must provide true, accurate, current, and complete information. Each User Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your User Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or User Name, or change any Unique Identifier. We reserve the right to delete or change your Password, User Name, or Unique Identifier at any time and for any reason. Sitterfied will not be liable for any loss or damage caused by any unauthorized use of your Account. Your Account is for your sole, personal use; accordingly, 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
Sitterfied’s community, like any community, functions best when you and others follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community rules (the “Community Rules”):
You are solely responsible for any User Content that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. By posting User Content to any public or private area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Sitterfied, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of any of the foregoing. You further represent and warrant that any public posting and use of your User Content by Sitterfied will not infringe or violate the rights of any third party.
Advice, opinions, offers, statements, or other information or User Content that is made available on the Site or through the Services, but not directly by Sitterfied, are those of their respective authors, and said authors are solely responsible for such User Content. Sitterfied cannot and does not: (i) guarantee the accuracy, usefulness, or completeness of any information or User Content on the Site or available through the Services, or (ii) endorse, adopt, or accept responsibility for the reliability or accuracy of any advice, opinion, or statement made by any party that appears on the Site or through the Services. Under no circumstances will Sitterfied be responsible for any loss or damages resulting from: (a) your reliance on information or other User Content posted on the Site or transmitted to or by any user of the Site or Services; or (b) recommendations, reviews, or other comments made about you on the Site by other users.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without prior notice, and to remove any User Content that we believe does not adhere to these Community Rules.
Registered Users are responsible for ensuring that they comply with any obligations to pay, collect, and/or remit any sales, use, or other taxes or governmental charges in connection with any Booking.
THIRD PARTY VERIFICATION SERVICE
Sitterfied may make one or more third party verification services (each a “Verification Service”) available to Parents and Sitters for the purpose of authenticating certain information that may include, but is not limited to, name, social security number, address, and criminal background (collectively, “Background Information”). If you choose to use Background Information provided by a Verification Service made available by Sitterfied, you represent and warrant that you fully understand and agree that Sitterfied is merely a passive conduit for the Verification Service and does not have actual or implied control over, nor assumes any responsibility for, the accuracy, reliability or quality of the Background Information provided by the Verification Service. Moreover, you acknowledge and agree that we may review the Background Information provided by Verification Services and that we reserve the right, but not the obligation, in our sole and absolute discretion, to terminate your Account based on the Background Information.
FAIR CREDIT REPORTING ACT
By this notice, pursuant to the Fair Credit Reporting Act (the "FCRA"), Sitterfied notifies you that if you decide to engage a Verification Service made available by Sitterfied, the Verification Service may obtain a consumer report about you from one or more consumer reporting agencies. Such consumer reports may contain information on your character, personal characteristics, general reputation, and mode of living, including but not limited to, to the extent applicable, consumer credit, criminal history, workers' compensation, motor vehicle, employment, military, civil, and educational data and reports. If you decide to engage a Verification Service made available by Sitteried, you represent and warrant that: (i) you will use such information only for a purpose permitted under, and in compliance with all applicable provisions of, the FCRA (available at http://www.ftc.gov/os/statutes/fcrajump.shtm), as well as any other applicable consumer reporting law, and (ii) if you choose to access, use, or share Background Information provided by the Verification Service with any other party, you agree to do so in compliance with all federal, state, and local statutes, rules and regulations, and to indemnify, defend, and hold harmless Sitterfied from any loss, damage, liability, or costs that may arise from such access, use, and/or sharing of this Background Information, regardless of the cause. Sitterfied does not assume and expressly disclaims any liability that may arise from the use of Background Information provided by a Verification Service.
TEXT MESSAGE SERVICES
When using the Services, Registered Users may elect to consent to receive alerts, reminders, and other communications via text messages on their mobile devices (the “Text Message Services”). In this case, the Registered User agrees to: (i) pay all carrier data, messaging, and other fees resulting from their usage of the Text Message Services, and (ii) give us express permission to send text messages to their mobile device.
Sitterfied may, from time to time, offer its users special promotions, programs, or credits (collectively, “Promotions”). Promotions will be run at Sitterfied’s sole and absolute discretion, and may be modified or terminated at any time by Sitterfied with or without prior notice to users. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions which shall be set forth when the applicable Promotion is offered to users.
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Sitterfied (collectively referred to as the “Sitterfied Content,” and together with the “User Content,” referred to as the “Content”). The Sitterfied Content may be owned by us or by third parties. The Sitterfied Content is protected under both United States and foreign laws. Unauthorized use of the Sitterfied Content may violate copyright, trademark, intellectual property, and other laws. You have no rights in or to the Sitterfied Content, and you will not use the Sitterfied Content except as expressly permitted under this Agreement. No other use is permitted without prior written consent from us. You must not remove or alter any copyright or other proprietary notices contained in the Sitterfied Content. You may not sell, transfer, assign, license, sublicense, or modify the Sitterfied Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Sitterfied Content in any way for any public or commercial purpose. The use or posting of the Sitterfied Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Sitterfied Content and the Services automatically terminates and you must immediately destroy, and provide written certification that you have destroyed, any copies you have made of the Sitterfied Content.
The trademarks, service marks, and logos of Sitterfied (“Sitterfied Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Sitterfied. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Sitterfied Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Sitterfied Trademarks inures solely to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our prior, express, written consent for each and every instance.
COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
You retain all copyrights and other intellectual property rights in and to anything you post to the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose.
NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES, THE PROPERTIES, OR THE REGISTERED USERS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTENT AND THE SERVICES AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THEIR SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CONTENT OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or any of your Bookings or your access to, use, or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
DIGITAL MILLENNIUM COPYRIGHT ACT
Sitterfied respects the intellectual property rights of others and strives to ensure compliance with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
50 Harrison Street
Suite PH 427
Hoboken, NJ 07030
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal, substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey; and (ii) that the Services shall be deemed a passive conduit does not give rise to personal jurisdiction over Sitterfied, either specific or general, in jurisdictions other than New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Waiver and Release,” “Taxes,” “Intellectual Property,” “Communications to Us; User Submissions; and Publicity,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Nothing in this Agreement 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 a signed writing by the party to be bound.
Any failure to act on or enforce any provision of the Agreement on Sitterfied’s part shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
If you have any questions or would like additional information regarding the Website or the Services, or if you need to notify Sitterfied regarding any matters relating to the Website or Services, please contact us at firstname.lastname@example.org
50 Harrison Street
Suite PH 427
Hoboken, NJ 07030
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