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The Sitter Tree, L.L.C. Parent Client Terms of Service The Sitter Tree, L.L.C. (herein after referred to as “Company”) is a referral service provider connecting Parent Clients (herein after referred to as “Parent”) with Sitter Clients (herein after referred to as “Sitter”). Parent must read and agree to the following terms of service, indicating that they subscribe to the policies and procedures laid forth by Company. 1. Understanding of Referral Relationship. I, Parent, hereby agree and acknowledge that Sitter is not employed or otherwise engaged by the Company, in any capacity, and is not authorized to act on behalf of the Company. As such, I, Parent acknowledge that Company is not responsible for any acts or omissions of the Sitter. I acknowledge that there are inherent risks associated with hiring a sitter found through a child and/or pet sitting referral service, including injury to persons, pets or property, and I hereby expressly assume all such risks related to all persons and pets, not solely my own children or pets, who may be on my property while the Sitter is performing child and/or pet services for me. I agree and acknowledge that I shall not request, nor shall a Sitter be required to provide, child sitting services for more than four (4) children at any time unless otherwise agreed to by the Company in writing. I hereby agree to indemnify and hold harmless the Company and any of its agents, employees, officers, shareholders, directors and affiliates, individually or in any other capacity (the foregoing are all for the purposes herein referred to collectively as the “Releasees”) for any and all loss or damage, and any claim or demands therefor on account of injury to any person, pet or property or in any way arising out of or related to the sitter referral services provided by the Company or the child sitting services provided by Sitter, whether caused by the negligence of the Releasees or otherwise. 2. Fees. I, Parent, understand that in order to utilize the Company’s child and /or pet sitter referral services or Company Sitter, I must pay the fees set forth on the Company’s website at thesittertree.com. Such fees shall include a fee paid directly by Parent to the Company (the “Company Fee”) in exchange for "sitter requests," or uses of the Company service and a fee paid by the Parent directly to the Sitter (the “Sitter Fee”). I, Parent, agree to pay the Company Fee to the Company for so long as I shall choose to utilize Company services or a Sitter referred by Company. a. I, Parent, agree and acknowledge that any sitter requests, or uses, purchased will expire 365 days from the date of purchase, including unlimited sitter requests memberships. Any unused sitter requests will not be refunded. b. I, Parent, agree and acknowledge that I, and not the Company, will be directly engaging the Sitter to provide child and/or pet sitting services and that I alone shall be responsible for paying the Sitter Fee to Sitter. I agree and acknowledge to pay the Sitter at least the stated hourly Sitter Fee generated specifically for each job on the Company's website, even if I choose to end a job early. I agree and acknowledge to pay the Sitter the stated hourly Sitter Fee for any additional hours for which I extend the job end time. c. I, Parent, agree and acknowledge the Company will not refund Sitter Requests for cancellations made within 12 hours of any job start time. d. I, Parent, agree and acknowledge to pay Late Termination Fee to Sitter for cancellations made within the specified amount of time prior to a sitter's scheduled arrival. I agree to pay sitter via her accepted payment methods within 24 hours of the termination according to the Termination Fee schedule below: i. $25 for cancellations made within three (3) hours of Sitter’s scheduled arrival time. ii. $35 for cancellations made within one (1) hour of Sitter's scheduled arrival time. 3. Administration of Medication. I, Parent, hereby agree and acknowledge that the Company authorizes no Sitter to administer medication to any person or pets. Furthermore, I, Parent, agree to indemnify, save and hold harmless from any loss, liability, attorney fees, damage or cost that the Releasees may incur arising out of, or related to, the administration of any medication to any person or pet by Sitter. 4. Driving. I, Parent, hereby agree and acknowledge that Company insures no Sitter to drive any person or pet. Furthermore, I, Parent, agree to indemnify, save and hold harmless from any loss, liability, attorney fees, damage or cost that the Releassees may incur arising out of, or related to, the Sitter’s transportation of any person or pet in any vehicle. 5. Non-circumvention. I, Parent, agree to schedule child and/or pet sitting services through the Company pursuant to these Terms of Service and not to solicit the Sitter to perform child and/or pet sitting services directly. I, Parent, hereby agree and acknowledge that if I engage a Sitter directly, the Company shall be entitled to charge me, for each such occurrence, a $300.00 circumvention fee for such engagement, in addition to any applicable Company Fees. 6. Miscellaneous. a. Successors and Assigns. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns. b. Choice of Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. c. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. d. Waiver. Waiver by one party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. e. Assignment. The Parent shall not assign any of its rights under this Agreement, or delegate the performance of any of its duties hereunder, without the prior written consent of the Company. f. Modification or Amendment. No amendment, change to or modification of this Agreement shall be valid unless in writing signed by the parties hereto. g. Entire Understanding. This Agreement constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations, whether written or oral, are hereby terminated and canceled in their entirety and are of no further force and effect. h. Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. i. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. In addition, this Agreement may be executed and delivered by facsimile or other electronic signature, which shall constitute a valid and enforceable signature. The parties agree that an electronic signature shall have the same legal effect, validity and enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, or any other similar state laws based on the Uniform Electronic Transactions Act.
Privacy Policy Last Updated: September 27, 2018 SitterTree, LLC (“Company,” “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website sittertree.com (the “Website”) or Company’s mobile application (the “App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect (a) when you access, use or register with the Website; (b) when you download, install, register with, access or use the App; (c) in email, text, and other electronic messages between you and Company via the Website or the App; (d) through mobile and desktop applications you download from the Website or the App, which provide dedicated non-browser-based interaction between you and the Website or the App; and (e) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy. It does not apply to information collected by (y) us offline or through any other means, including on any other website or application operated by Company or any third party; or (z) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or the App. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not access or use the Website or download or install the App. By accessing or using the Website or downloading, installing and/or accessing or using the App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Website or the App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 1. INFORMATION WE COLLECT Information We Collect About You and How We Collect It We collect several types of information from and about users of the Website and the App, including information (a) by which you may be personally identified, such as name, photographs of you, social security number, credit card information, postal address, e-mail address, telephone number, or any other information the Website or the App collects that is defined as personal or personally identifiable information under applicable law (“personal information”); (b) that is about you but individually does not identify you, such as, employment information, age, number and gender of children, and/or education; and/or (c) about your internet connection, mobile device or other equipment you use to access the Website or the App and usage details. We collect this information (a) directly from you when you provide it to us; (b) automatically as you access or navigate through the Website or when you use the App. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and (c) from third parties, for example, our business partners. Information You Provide to Us. The information we collect on or through the Website or the App may include (a) information that you provide by filling in forms on the Website or the App. This includes information provided at the time of registering to use the Website or the App, posting material, or requesting further services. We may also ask you for information when you report a problem with the Website or the App; (b) records and copies of your correspondence (including email addresses), if you contact us; (c) your responses to surveys that we might ask you to complete for research purposes; and/or (d) your search queries on the Website or the App. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or the App, or transmitted to other users of the Website or the App or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or the App with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons. Information We Collect Through Automatic Data Collection Technologies. As you access, download, install and/or use the Website or the App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including (a) when you access and use the Website or the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or the App; (b) information about your computer, mobile device and internet connection, including your IP address, the device’s unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number; (c) the App may also access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information; and/or (d) the App may also collect real-time information about the location of your device. The information we collect automatically helps us to improve the Website or the App and to deliver a better and more personalized service, including by enabling us to (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize the Website or the App according to your individual interests; (c) speed up your searches; (d) recognize you when you return to the Website or the App; or (e) provide the services requested by you (for example, attaching a picture to your profile, allowing you to share information with your contacts, or communicating or verifying your location at the correct address). Third-Party Use of Cookies and Other Tracking Technologies Some content or applications, including advertisements, on the Website or the App may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website or the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information. How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information (a) to present the Website or the App and their contents to you; (b) to provide you with information, products, or services that you request from us; (c) to fulfill any other purpose for which you provide it; (d) to provide you with notices about your account; (e) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (f) to notify you about changes to the Website or the App or any products or services we offer or provide though it; (g) to allow you to participate in interactive features on the Website or the App; (h) in any other way we may describe when you provide the information; and/or (i) for any other purpose with your consent. We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, you may unsubscribe from such communications; provided, that the foregoing does not apply to general communications regarding your account, such as email confirmations, communications regarding the validity of the credit card information provided or other general communications regarding your account. We may use the information we have collected from you to enable us to post advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. Disclosure of Your Information We may disclose aggregated information about our users and information that does not identify any individual without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy (a) to our subsidiaries and affiliates; (b) to contractors, service providers, and other third parties we use to support our business and who are bound by confidentiality obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about the Website users or App users is among the assets transferred; (d) to fulfill the purpose for which you provide it; (e) for any other purpose disclosed by us when you provide the information; and/ or (f) with your consent. We may also disclose your personal information (a) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (b) to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and/or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. Accessing and Correcting Your Information You can review and change your personal information by logging into the App and visiting your account profile page. If you delete your User Content from the Website or the App, copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Website or the App. Proper access and use of information provided on the Website or the App, including User Content, is governed by our Terms of Use. Data Security We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any social security information, payment transactions and credit card information will be encrypted. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website or the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website or the App like message boards. The information you share in public areas may be viewed by any user of the Website or the App. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website or the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or the App. Changes to Our Privacy Policy It is our policy to post any changes we make to our privacy policy on the Website and the App. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website or the App. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this privacy policy to check for any changes. Contact Information To ask questions or comment about this privacy policy and our privacy practices, email us or contact us at: SitterTree, LLC, Legal Department, 787 Antone St. NW, Atlanta, GA 30318.