Sitter Terms – Dec 2020

Please read these Terms of Use carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the SitterTree, LLC Platform, you agree to comply with and be bound by these Terms of Use.

Last Updated: December 1, 2020

 

CORONAVIRUS / COVID-19 WARNING & DISCLAIMER

Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Booking babysitters or accepting jobs through SitterTree could increase the risk of contracting COVID-19. SitterTree in no way warrants that COVID-19 infection will not occur through booking babysitters or accepting jobs through SitterTree. Based on currently available information and clinical expertise, people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. SitterTree strongly recommends you consult with your healthcare provider prior to booking babysitters or applying for babysitting jobs through SitterTree. You hereby agree to release and hold SitterTree harmless from and against any and all claims related to COVID-19 and hereby further agree and covenant not to sue SitterTree in connection with any claim related to COVID-19.

 

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and SitterTree, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of sittertree.com, including any content, functionality  and services offered on or through sittertree.com (collectively, the “Website”) and Company’s mobile application (the “App”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website or download the App. By using the Website, downloading the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at sittertree.com/privacypolicy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access, download or use the Website or the App.

The Website and the App are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website or downloading the App, you represent and warrant that you are of legal age to form a binding contract with Company in your state of residence, regardless of your age, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access, download or use the Website or the App.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website or the App thereafter. Your continued use of the Website or the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Accessing the Website and the App and Account Security

We reserve the right to withdraw or amend the Website or the App, and any service or material we provide on the Website or the App, in our sole discretion without notice. Company may from time to time in its sole discretion develop and provide updates to the App, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. We will not be liable if for any reason all or any part of the Website or the App is unavailable at any time or for any period. You are responsible for ensuring that all persons who access the Website or the App through your internet connection or mobile device are aware of these Terms of Use and comply with them.

To access the Website or the App or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or the App that all the information you provide on the Website or the App is correct, current and complete. You agree that all information you provide to register with the Website or the App or otherwise, including but not limited to through the use of any interactive features on the Website or the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or the App or portions of either of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You agree that we may suspend or terminate your access to all or part of the Website or the App for any or no reason without liability.

 

Eligibility for Use of the Website or the App

If you are an individual providing babysitting services (a “Babysitter”), by registering to use or using the Website or the App, you represent and warrant that: (a) you are a registered student enrolled in a college, university or technical school; (b) you are a graduate of an accredited  college, university or technical school; (c) you are willing to submit all information Company requires for a background check to be performed by a third party provider, and you consent to Company performing any such background check; and (d) you have the legal right to work in the United States.

 

Limitations of Obligations and Responsibilities of Company

We do not verify the accuracy of any content submitted to the Website by a user or anyone other than Company (“User Content”), including but not limited to, profiles and reviews. We have no control over the accuracy, reliability, completeness, or timeliness of profiles of our users, reviews, or other User Content submitted on the Website or the App and make no representations about any such User Content on the Website or the App.

The Company has no control over the quality or safety (except for providing the results of any background check) or content posted by users on our site, or the truth or accuracy of listings.  We cannot ensure and do not guarantee that a user of our site will actually complete a transaction or act lawfully in using our site.

As set forth below, you agree to release Company from any claims or liability that may arise from any disputes between you and other users of the Website and the App.

 

Tax Implications

We are not an employment service and we do not serve as an employer of any Babysitter. As such, Babysitter and persons seeking babysitting services (“Families” or “Groups”) are solely responsible (and Company is not responsible) for any tax, withholding, or reporting, including, but not limited to, unemployment insurance, workers’ compensation, Social Security or payroll withholding tax or income reporting in connection with any services provided by Babysitters.  You understand and agree that if Company is found to be liable for any tax, withholding tax, or reporting obligation in connection with any services provided by you, then you will immediately reimburse and indemnify Company for all costs, expenses, and liabilities (including interest, penalties and attorney’s fees) relating to the same.

You agree and acknowledge that no termination of employment shall be deemed to have occurred by reason of the fact that your access to all or part of the Website or the App has been suspended or terminated.

 

Intellectual Property Rights

The  Website,  the App, and their entire contents,  features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), except for User Content (which are licensed to Company pursuant to the User Content section below), are owned by Company, its licensors or other providers of such material and are protected by Federal and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. With respect to the App and subject to these Terms of Use, Company  grants you a limited, non-exclusive and non-transferable license to: (i) download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (a “Mobile Device”) strictly in accordance with these Terms of Use and any end user license agreement or other agreement related to the Mobile Device or applications on or accessible through the Mobile Device between you and any third party; and (ii) access, download and use on such Mobile Device the content and services made available in or otherwise accessible through the App, strictly in accordance with these Terms of Use and any end user license agreement or other agreement related to the Mobile Device or applications on or accessible through the Mobile Device between you and any third party.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or the App. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website, the App or your Mobile Device in breach of the Terms of Use, your right to use the Website or the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or the App or any content on the Website or the App is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website or the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

The Company name, the terms “The Sitter Tree”, “SitterTree”, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company.

 

Prohibited Uses

You may use the Website and the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the App: (a) in any way that violates any applicable Federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to  impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the App, or which, as determined by us, may harm Company or users of the Website or the App or expose them to liability; and/or (g) use any device, software or routine that interferes with the proper working of the Website or the App.

 

User Content

The Website or the App may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Website or the App.

All User Content must comply with the Content Standards set out in these Terms of Use. Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Website or the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose including, but not limited to, the right to use such User Content for reviews and promotional purposes. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website or the App.

We have the right to (a) remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the App; and (c) terminate or suspend your access to all or part of the Website or the App for any or no reason, including without limitation, any violation of these Terms of Use. We cannot review all material before it is posted on the Website or the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Under no circumstances will the Company be liable to any person for any hack or unauthorized access to the Website that results in the dissemination of any User Content. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

 

Content Standards

These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable Federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) promote any illegal activity, or advocate, promote or assist any unlawful act; (f) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (g) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or (h) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.  Babysitters agree that they shall not be permitted to upload User Content such as photos or videos of any child assigned to their care.

 

Reliance on Information Posted

The information presented on or through the Website or the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the App, or by anyone who may be informed of any of its contents.

This Website or the App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Fees

Company offers an online payment service to facilitate payments for babysitting services (“Fees”). You acknowledge and agree no other form of payment (cash, Venmo, etc) is acceptable for receiving payment for babysitting services scheduled through Company. Company will be entitled to a referral fee for each job.  In addition, Company charges a processing fee each time a payment is submitted.  Company reserves the right to increase or decrease the Fees from time to time by updating and listing the new Fees on the Website. Babysitters will not be able to apply for jobs if their account balance is negative due to cancellation fees. Once a Family or Group and a Babysitter have scheduled babysitting services through their use of the Website or the App and the Family or Group has confirmed that they have received the babysitting services from Babysitter, Company will facilitate payment of the applicable Fees.

Company may also assess Babysitters Fees for cancellations. The Fees related to such cancellations are as follows and may be modified from time to time:

• $10 for a cancellation made any time after assignment;
• $20 for a cancellation made within twelve (12) hours of job start;
• $25 for a cancellation made within three (3) hours of job start;
• $35 for a cancellation made within one (1) hour of job start; and
• $45 for a cancellation made after a job has started.

All cancellations must be made through the app.  Company may assess an additional $10.00 Fee if the Babysitter attempts to cancel a job in any way apart from canceling through the app. Babysitters may also be assessed a $5 Fee if the Babysitter does not arrive at a job at the scheduled start time.

Babysitters who arrive late to any job will forfeit any minimum payment and will be compensated only for the time at the job. If a family chooses to cancel because a babysitter is late, the babysitter will forfeit the late-cancellation fee from the family.

Company may assess a minimum circumvention fee of $100.00 against a Babysitter if a Babysitter chooses to contact any Family or Group directly.  The circumvention fee shall also be assessed if any Family or Group contacts the Babysitter directly and the Babysitter accepts a job.

All undisputed Fees shall be payable after the babysitting services have been provided to the Family or Group; provided, however, Company may correct clerical errors related to any Fees by providing notice by email or text message and a reasonable opportunity for you to object to the correction. Clerical errors include without limitation minor mistakes or unintentional or duplicate Fees. Disputed Fees shall not be paid unless and until a resolution is reached between Company and Babysitter.

Payment processing services on SitterTree are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use on SitterTree, you 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 SitterTree enabling payment processing services through Stripe, you agree to provide SitterTree accurate and complete information about you, and you authorize SitterTree to share it and transaction information related to your use of the payment processing services provided by Stripe with Stripe and/or in accordance with our Privacy Policy.

You hereby covenant and agree that you will not (a) circumvent or attempt to circumvent the obligation to pay fees related to Company’s provision of services; (b) circumvent or attempt to circumvent Company’s messaging tools or platform; (c) establish contact or continuing a relationship with a Family or Group where such contact or relationship was established primarily through the Website or the App for purposes of any of the foregoing; or (d) dispute Fee amounts for fraudulent or illegitimate reasons.

 

Links from the Website or the App

If the Website or the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Text Messaging and Phone Calls

By providing Company with your phone number and using the services made available by the Website or the App, you affirmatively consent to receiving communications, either via phone calls or text messages, from Company. Company does not charge for sending text messages, but your carrier may charge you. Users of the App may have the option to receive push notification alerts from Company. If push notification alerts are available, you will be given an option to consent to receiving them after you download the App.  You may also adjust your push notification settings after you have downloaded the App in your mobile device settings.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website or the App will be free of viruses or other destructive code. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE OR THE APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP IS AT YOUR OWN RISK. THE WEBSITE, THE APP, AND THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

Limitation on Liability

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE  FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APP, ANY WEBSITES LINKED TO EITHER THE WEBSITE OR THE APP, ANY CONTENT ON THE WEBSITE, THE APP, OR SUCH OTHER WEBSITES OR ANY SERVICES PROVIDED THROUGH THE WEBSITE, THE APP, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT,   SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the App, including, but not limited to, your User Content, any use of the Website’s or the App’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or the App.

Company does not authorize Babysitters to administer medication or to drive.  In the event that you administer medication or agree to drive in connection with your provision of the babysitting services, you hereby agree to indemnify and hold the Company harmless from all liability incurred in connection therewith and further agree and covenant not to sue the Company for any claim arising therefrom.

Company does not authorize Babysitters to give or assist with the giving of baths or showers while performing babysitting services. In the event that you give or assist with the giving of baths or showers, you hereby agree to indemnify and hold the Company harmless from all liability incurred in connection therewith and further agree and covenant not to sue the Company for any claim arising therefrom.

YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS   COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS,  AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM ANY AND  ALL 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 (A) ANY BABYSITTING SERVICES PROVIDED BY YOU; (B) ANY CLAIM OR DISPUTE THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER, FAMILY, OR GROUP; AND (C) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE WEBSITE OR THE APP BY OTHER USERS.

 

Governing Law

All matters relating to the Website or the App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

 

Class Action Waiver

YOU HEREBY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver of by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use, our Privacy Policy, and any other terms and conditions expressly incorporated herein or therein by reference constitute the sole and entire agreement between you and Company with respect to the Website or the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or the App.

 

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website or App should be directed to support@sittertree.com, For assistance with legal matters, mail all forms, documents, and notices to SitterTree, LLC P.O. BOX 19586, Atlanta, Georgia  30325.