SitterTree, LLC Terms of Service
Effective: June 26, 2023
CORONAVIRUS / COVID-19 WARNING & DISCLAIMER
Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Job Child Care Providers or providing Child Care Services through SitterTree could increase the risk of contracting COVID-19. SitterTree in no way warrants that COVID-19 infection will not occur through receiving or providing Child Care Services 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 receiving or providing Child Care Services. 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.
These Terms of Service (“Terms”) are a binding legal agreement between you and SitterTree, LLC a company incorporated under the laws of the State of Georgia with a registered office at 787 Antone Street NW, Atlanta, Georgia 30318 (“SitterTree,” “we,” “us” and “our”). These Terms govern your use of our software applications, resources and services for consumers of Child Care Services (including but not limited to parents, schools, religious and other community organizations) (“End Users”) and childcare service providers (“Service Providers”) to find each other, communicate with each other, and arrange for the provision of Child Care Services (collectively, our “SitterTree Service”). The Terms govern all use of the SitterTree Service, whether you access it from our website at https://www.sittertree.com/ or any localized version) (the “Site”), our mobile applications and mobile websites, our online or phone support, or any other access point we make available to you. Our other Policies applicable to your use of the SitterTree Service are incorporated by reference into these Terms of Service.
You understand and agree that we may change these Terms from time to time, and that any such changes will be effective when we post the modified Terms, unless otherwise required by applicable law. Your continued access and use of the SitterTree Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
- The SitterTree Service.
2.1 Nature of Service.
The SitterTree Service consists of a desktop web application, mobile applications, mobile websites and other related tools, support and services that End Users and Service Providers can use to find, communicate with and interact with each other. The SitterTree Service includes SitterTree Support, optional educational materials, content, and notifications for Service Providers and End Users, and other services SitterTree may offer as modified from time to time.
2.2 SitterTree does not provide Childcare Services.
SitterTree is a neutral marketplace venue for Service Providers and End Users to find each other, communicate with each other, and arrange for the provision of Child Care Services. SitterTree is not a Service Provider and does not provide Child Care Services. We make no representations or warranties about the quality of services provided by Service Providers (“Child Care Services”), or about your interactions and dealings with other users of the SitterTree Service. Service Providers listed on SitterTree are not under the direction or control of SitterTree, and Service Providers determine in their own discretion how to provide Child Care Services. Though we provide general guidance on our Site to Service Providers about safety and child care and to End Users about selecting and engaging Service Providers, SitterTree does not employ, recommend or endorse Service Providers or End Users, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or End Users, whether online or offline. We conduct an initial review of Service Provider profiles and we request Background Checks or identification verifications (each as described in Section 13 below) on Service Providers conducted by a third party, and vet information submitted by Service Providers as to certain experience certifications and trainings, but we do not otherwise screen Service Providers or End Users, nor do we provide training. SitterTree cannot guarantee the accuracy, completeness or usefulness of information submitted by Service Providers and End Users. You should exercise caution and use independent judgment before engaging a Service Provider, providing Child Care Services, or otherwise interacting with users via the SitterTree Service. End Users and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their children.
2.3 Transactions are Solely Between End Users and Service Providers.
The SitterTree Service may be used to find and offer Child Care Services and to facilitate payment, but all transactions conducted via the SitterTree Service are solely between End Users and Service Providers. Except as expressly provided in these Terms, and only to the extent provided, you agree that SitterTree has no liability for damages associated with Child Care Services (which may include bodily injury to, or death of, a child), nor will SitterTree have liability resulting from any other transactions between users of the SitterTree Service.
SitterTree is not an employment service and does not employ any Service Provider. Except for taxes on SitterTree’s income and gross receipts or where SitterTree is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Child Care Services via the SitterTree Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the SitterTree Service. End Users are solely responsible, for any tax, workers’ compensation insurance, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income tax reporting, and all applicable employment or other laws in connection with any services provided by Service Providers to End Users. End Users understand and agree that if SitterTree is found to be liable for any tax, workers’ compensation insurance, withholding tax or reporting obligation, or failure to comply with any applicable employment or other law in connection with any services provided or received by you, then you will immediately reimburse and indemnify SitterTree for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
The SitterTree Service is offered only to End Users and Service Providers who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using or accessing the SitterTree Service, you represent and warrant that you are of legal age to form a binding contract with SitterTree 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 use or access, the SitterTree Service.
- Use of the SitterTree Service.
4.1 No Obligation to Provide the SitterTree Service.
We reserve the right to withdraw or amend the SitterTree Service, and any service or material we provide on the SitterTree Service, in our sole discretion without notice. SitterTree may from time to time in its sole discretion develop and provide updates to the SitterTree Service, 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 SitterTree 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 SitterTree Service is unavailable at any time or for any period. You are responsible for ensuring that all persons who access the SitterTree Service through your internet connection or mobile device are aware of these Terms and comply with them.
4.2 Prohibited Uses.
4.3 Registration and Account.
If you choose, or are provided with, a username, 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 SitterTree Service using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of your username or password, or any other breach of security. You are responsible for maintaining the confidentiality of your username and password for the SitterTree Service, and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account. You agree not to impersonate anyone else and not to maintain more than one account (or, if SitterTree suspends, terminates, or otherwise restricts your account, not to create additional accounts).
4.4 Certification of Compliance With Applicable Law.
By accessing and using the SitterTree Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the SitterTree Service, specifically including but not limited to requirements regarding ratios of minor children to adults.
- For End Users, this means, among other things, that you have lawful custody of any child (children) for whom you book Child Care Services for the duration of Child Care Services procured by you via the SitterTree Service.
- For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Child Care Services in the jurisdiction where you provide Child Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to legally provide Child Care Services.
- Services Providers and End Users will comply, to the extent legally required to do so, with any mandated reporting requirements for child abuse and/or suspected child abuse.
You acknowledge that SitterTree is entitled to rely on these representations from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
4.5 Suspension, Restriction, and Termination.
We reserve the right to suspend, restrict, or terminate your access to the SitterTree Service: (1) if in our discretion your conduct on the Site or SitterTree Service is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary, in our discretion to protect SitterTree, its users, children, or the public. You may suspend or terminate your use of the SitterTree Service at any time and for any reason. If you wish to deactivate your account, you may do so through your account. You may also contact SitterTree at firstname.lastname@example.org. Note that if you have any outstanding payment obligations, those will survive suspension, restriction, or termination of your account.
- User Content.
The SitterTree Service may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards and other web-based interactive features (collectively, “Interactive Services”) that allow End Users and Service Providers 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 SitterTree Service. You understand and agree that all Interactive Services may be visible to and/or stored, saved, and/or recorded by SitterTree. All User Content must comply with the Content Standards set out in these Terms.
5.1 License and Release of Rights to User Content.
Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the SitterTree Service, 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 marketing purposes. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not SitterTree, 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 SitterTree Service. If your name, voice, image, persona, likeness, or performance is included in any of your User Content, you hereby waive, and release SitterTree and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the provisions of these Terms.
5.2 Your Representations and Warranties about Your User Content.
You represent and warrant that (1) you are the owner or licensor of your User Content, and that you have all rights, consents and permissions necessary to grant the license and make the release in Section 5.1 with respect to your User Content, (2) that you have any necessary consents and releases from individuals who appear in your User Content; and (3) your User Content does not violate the law or these Terms.
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 SitterTree Service; and (c) restrict, terminate, or suspend your access to all or part of the SitterTree Service for any or no reason, including without limitation, any violation of these Terms. We cannot review all material before it is posted on the SitterTree Service, 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 SitterTree 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.
5.3 Content Standards.
5.4 Reliance on Information Posted.
The information presented on or through the SitterTree Service is made available solely for general information purposes. SitterTree cannot and does not guarantee 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 SitterTree Service, or by anyone who may be informed of any of its contents.
This SitterTree Service 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 SitterTree, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SitterTree. 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.
- Limitations of Obligations and Responsibilities of SitterTree.
SitterTree does not and cannot guarantee the accuracy, completeness or usefulness of any User Content, including but not limited to, profiles and reviews posted to the SitterTree Service by any End User or Service Provider or by a user or anyone other than SitterTree. We have no control over the accuracy, reliability, completeness or timeliness of profiles of our users, reviews, or other User Content submitted on the SitterTree Service and make no representations or warranties about any such User Content on the SitterTree Service. End Users and Service Providers should make their own assessments of the persons with whom to interact (online and offline), engage, provide Child Care Services to or receive Child Care Services from.
Aside from providing the results of a third-party background check, SitterTree has no control over the quality or safety of content posted on the SitterTree Service by anyone other than SitterTree, the truth or accuracy of Job listings, profiles, the ability of Service Providers to provide their services or the ability of End Users to receive Child Care Services. We cannot ensure and do not guarantee that a user of the SitterTree Service will actually complete a transaction or act lawfully. Nor can we ensure that a Service Provider will not cancel a Job previously made.
SitterTree provides guidance in its Help Center. End Users are solely responsible for evaluating the suitability of Service Providers. Though SitterTree performs a limited review of Service Provider profiles and facilitates Service Provider Background Checks or Identity Verifications conducted by a third party, any such screening is limited, and SitterTree does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, SitterTree does not endorse reviews of Service Providers by other End Users that may be available via the SitterTree Service, and SitterTree makes no commitments that such reviews are accurate or legitimate.
We do not have control, supervise or provide any training or equipment to Service Providers, and we have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever or the Child Care Services provided by Service Providers. As set forth below in Sections 11 and 12, to the maximum extent permitted by applicable law you agree to release SitterTree from any and all claims or liability that may arise from your use of the SitterTree Service, including but not limited to any and all interactions and transactions online or offline with other users of the SitterTree Service.
- Intellectual Property.
7.1. SitterTree Service.
SitterTree and its licensors retain all right, title and interest in and to the SitterTree Service, the technology and software used to provide it, all electronic documentation and content available through the SitterTree Service (other than your User Content), and all intellectual property and proprietary rights in the SitterTree Service and such technology, software, documentation and content. Except for your rights to access and use the SitterTree Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the SitterTree Service any feedback or suggestions for improvement that you provide to us concerning the SitterTree Service, without any obligation of compensation.
7.2 SitterTree Trademarks.
SitterTree owns all rights in and to its trademarks, service marks, brand names and logos (the “SitterTree Marks”). If you are a Service Provider, SitterTree grants you, for so long as you are in good standing on the SitterTree Service, a limited, revocable, non-exclusive, non-transferable license to use the SitterTree Marks only as specifically authorized in writing via the SitterTree Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the SitterTree Marks inures solely to the benefit of SitterTree, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because SitterTree restricts, suspends, or terminates your rights to use the SitterTree Service. SitterTree may from time to time offer promotional materials bearing the SitterTree logo, including but not limited to t-shirts, water bottles, stickers, and buttons, to Service Providers. You acknowledge and agree that you may not use such promotional materials to directly or indirectly claim any endorsement by SitterTree. You acknowledge and agree that you may not directly or indirectly claim any affiliation with SitterTree, including but not limited to screen shots of your image or profile or parts thereof, on any media, website or other similar platform other than SitterTree, except specifically through SitterTree’s share function.
- Fees and Payment.
All amounts paid to SitterTree for facilitating transactions (referred to as “Service Fees”), and all amounts paid to Service Providers for provision of Child Care Services (referred to as “Provider Fees”) and other payments referenced on, or charged through, the SitterTree Service are listed and payable in local currency.
End Users and Service Providers agree to transact with one another as follows. End Users post a “Job” specifying location, start and end times (“Service Period”), and other relevant Job details. Service Providers may select among posted Jobs and apply to provide Child Care Services. End Users may then select an applicant to form a Booking as specified below.
No Service Provider is obligated to apply for any Job and may, at their discretion, cancel or withdraw their application prior to formation of a Booking. No End User is obligated to transact with or engage any Service Provider and may, at their discretion, decline to form a Booking for any reason, and may cancel or withdraw from a Job prior to formation of a Booking. A Service Provider may agree to provide Child Care Services to an End User by applying for a Job and forming a Booking as described in this Section 8. Service Providers are solely responsible for determining whether the hourly rate offered in connection with any Job is acceptable before applying for a Job, and are not obligated to apply for any particular Job. Once the Booking is formed as described in this Section 8.2, you agree Provider Fees will be paid at the hourly rate set forth in the Job posting. If you are an End User, you also agree to pay the Provider Fees for the original Service Period associated with the Job, even if you do not require Child Care Services for the entire Service Period (for example, if you return home early or you otherwise end the Service Period early for any reason, the Provider Fees for the originally scheduled Service Period will still apply and will equal the number of hours set forth in that Service Period times the agreed-upon hourly rate).
A “Booking” is formed when all of the following occur (1) an End User posts a Job to the SitterTree Service; and (2) one or more Service Providers apply for the Job; and (3) the End User selects an applicant Service Provider for the Job. Once a Booking is formed the End User and Service Provider agree to be subject to the Cancellation provisions specified in Section 8.8, below.
8.3 Fees Payable to Service Providers.
The purchase of Child Care Services is a transaction between the End User and the Service Provider. Service Providers receive payment for services in the form of Provider Fees paid by End Users at the hourly rate set forth in the Job, less a Service Fee which is retained by SitterTree.
SitterTree will facilitate payment of Provider Fees to Service Providers by: (1) indirectly through an authorized third-party collecting payment from the End User as specified in Sections 8.6 and 8.7; and (2) initiating payment of the Provider Fees, less a Service Fee, to the Service Provider’s account 48 hours after completion of the Service Period indicated in the Job.
8.4 Charges to End Users.
As set forth in section 8.3, when you form a Booking, you agree to pay, and authorize SitterTree to charge your credit card or other payment method on file as set forth in Section 8.6, the Provider Fees for the Service Period described in the Job associated with the Booking, even if you end the Service Period early. If you are an End User, by forming a Booking as described in Section 8.2, you enter into a transaction with the Service Provider and agree to pay the total charges associated with such Booking. Charges include: Provider Fees and all other applicable fees. The Service Provider, not SitterTree, is responsible for performing the Child Care Services.
If you are an End User, you acknowledge and agree that, if you fail to timely assume care of your child(ren) at the end of the Service Period agreed upon in a Job, or if you and the Service Provider mutually agree to extend the Service Period, you will be charged for additional time at the hourly rate established in the Job.
If you are a Service Provider, for each Job, you may submit the start and end times for the Job within 24 hours of the end of the Service Period specified in the Job. Failure to submit a record of the start and end times constitutes your agreement to the Service Period stated in the Job. If you are an End User, for each Job, you will have 24 hours from the time the Service Provider submits the start and end times for the Job to accept or dispute the times submitted by the Service Provider and complete payment. Failure to accept or dispute the times submitted by the Service Provider within this time period constitutes your agreement to pay Provider Fees, and all other applicable fees, and you authorize SitterTree to charge your credit card or other payment method on file as described in section 8.6, based upon the start and end times submitted by the Service Provider, or if no start and end times are submitted by the Service Provider then you authorize SitterTree to facilitate payment and charge your credit card or other payment method on file for the Provider Fees, and all other applicable fees, based upon the Service Period specified in the Job. All disputes as to the start and end times are subject to Section 8.10, below.
8.5 Service Fees and Sitter Pass.
We charge “Service Fees” for some aspects of the SitterTree Service. Service Fees are payable and charged upon creation of a Job unless you have purchased Sitter Pass, in which case you agree to pay, and authorize SitterTree to charge your credit card or other payment method on file on the date you purchase Sitter Pass and any subsequent scheduled renewal date, unless otherwise notified as specified in this Section 8.5. All Service Fees will be waived for each period for which Sitter Pass is purchased. Where required by law, the amount charged will also be inclusive of applicable taxes. Our Service Fees and Sitter Pass are described at https://www.sittertree.com/fees/. Sitter Pass may be canceled at any time prior to the scheduled renewal date by visiting https://app.sittertree.com/family/subscription and turning off auto-renew.
8.6 Authorization to Charge.
When you register to use the SitterTree Service, you will be required to provide a valid, up-to-date credit card or other valid payment method and to maintain that payment information (or an acceptable alternative payment method acceptable to SitterTree in its sole discretion) on file with your account. SitterTree’s role is to facilitate payments from End Users to Service Providers as limited payment agent for the Service Provider. You authorize us to charge your credit card or other payment method on file for all fees and processing fees (which are a percentage of Provider Fees, tips, Service Fees and the Sitter Pass fee) you incur on the SitterTree Service, as well as any Cancellation Fees incurred as a result of cancellation as set forth in Section 8.8, as they become due and payable, and to charge any alternative payment method SitterTree has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged.
Service Fees are due and payable immediately upon creation of a Job as described in Section 8.2. For each Job, Provider Fees become due and payable 24 hours after submission of the start and end times for the Job by the Service Provider, or upon approval of the start and end times submitted by the Service Provider for the Job, whichever occurs first, but in no event later than 48 hours after the end of the Service Period specified in the Job.
You are responsible for maintaining up-to-date payment information. If we cannot charge your credit card or other payment method on file because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither SitterTree nor the Service Provider will be responsible for any failure to provide Child Care Services associated with those charges. Except as expressly provided in these Terms, all amounts incurred via the SitterTree Service are non-refundable once paid. If you believe you have been incorrectly charged, you must notify SitterTree within 30 days.
SitterTree reserves the right to increase or decrease the Service Fees from time to time in its sole discretion. You will receive an e-mail summarizing the updated Service Fees and any automatic renewal terms applicable to the Service Fees, if any.
8.7 Payment Processing.
Payment processing services are provided by and subject to the Stripe Services Agreement (available at https://stripe.com/us/legal), and, if you are receiving payments via the SitterTree Service, the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal) (collectively, the “Stripe Terms”). By using the SitterTree Service to receive payment, you will be asked to set up a Stripe account and accept the Stripe Terms. You authorize SitterTree to obtain all necessary access to, and perform all necessary activity on (including requesting refunds where appropriate), your Stripe Connected Account to facilitate payment related to Child Care Services you purchase or provide. You further agree to provide accurate and complete information, and authorize SitterTree to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. SitterTree reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
SitterTree may assess fees for cancellations (“Cancellation Fees”) by End Users and Service Providers. Service Providers authorize SitterTree to make deductions for Cancellation Fees prior to disbursing Provider Fees collected from End Users for future Bookings to your Service Provider Account. Cancellation Fees become due and payable immediately upon the cancellation. The Cancellation Fees are as follows and may be modified from time to time:
- $10 for a cancellation made any time after Booking is formed;
- $20 for a cancellation made within 12 hours of the beginning of the Service Period;
- $25 for a cancellation made within three (3) hours of beginning of the Service Period;
- $35 for a cancellation made within one (1) hour of the beginning of the Service Period; and
- $45 or the entire duration of the Service Period, whichever is greater, for a cancellation made after the beginning of the Service Period.
If changes are made to a Booking after it is formed, the Service Provider may cancel the Booking without incurring a Cancellation Fee. SitterTree cannot guarantee another Service Provider will apply.
All Service Fees and Provider Fees are final, non-transferable and non-refundable; provided, however, SitterTree may correct clerical errors related to any Fees by providing notice by email and a reasonable opportunity for you to object to the correction. Clerical errors include without limitation minor mistakes or unintentional or duplicate charges.
Sitter Pass fees are refundable only if both of the following apply; (1) you cancel your Sitter Pass within 30 days of your most recent Sitter Pass fee payment; and (2) you have not posted any Jobs within that time period. Such unused Sitter Pass fees may be credited to your account, less a 5% processing fee unless prohibited by applicable law. A processing fee will not be deducted if prohibited by applicable law.
SitterTree does not resolve disputes between End Users and Service Providers relating to Provider Fees, and related charges. However, in the event the End User and Service Provider are not able to resolve a dispute regarding Provider Fees, End Users and Service Providers agree that the Provider Fees due shall be based upon data provided to SitterTree such as check-in/check-out and/or location data, as applicable and available, and/or other relevant information. If no objective data is provided or available to SitterTree, End Users and Service Providers agree that the Provider Fees due shall be based upon the original Service Period set forth in the Job. If you are an End User, you authorize SitterTree to charge your credit card or other payment method on file the amount of the Provider Fees, and related charges, determined by process set forth in this Section 8.10. If any error or disagreement regarding Provider Fees arises after payment is distributed by SitterTree to the Service Provider, you agree that SitterTree will have no role in resolving any such error or dispute.
8.11 Finder’s Fee.
You hereby covenant and agree that if you use SitterTree’s messaging tools or the SitterTree Service, including but not limited to, for the purpose of establishing a continuing relationship with another user of the SitterTree Service, where such contact or relationship was established primarily [JMS1] through the SitterTree Service, or, for the purpose of avoiding the obligation to pay fees related to use of the SitterTree Service, to the extent permitted by applicable law, SitterTree may assess a minimum finder’s fee of $500.00 to a Individual End User and $1500 to a Group End User. To the maximum extent permitted by applicable law, the covenants and agreements set forth in this Section shall survive the termination of this Agreement for a period of one (1) year.
- Third Party Services, Links.
The SitterTree Service may contain links to third party websites or resources. 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 SitterTree Service, 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 SitterTree with your phone number and using the services made available by the SitterTree Service, you affirmatively consent to receiving communications, either via phone calls or text messages, from SitterTree. SitterTree does not charge for sending text messages, but your carrier may charge you. Users of the mobile application may have the option to receive push notification alerts from SitterTree. If push notification alerts are available, you will be given an option to consent to receiving them after you download the mobile application. You may also adjust your push notification settings after you have downloaded the mobile application 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 SitterTree Service 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 SITTERTREE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITTERTREE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITTERTREE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITTERTREE SERVICE IS AT YOUR OWN RISK. THE SITTERTREE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SITTERTREE 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 ANY PARTICULAR PURPOSE.
- Limitation on Liability; Indemnification and Release.
12.1 Exclusion of Certain Types of Damages.
To the maximum extent permitted under applicable law, in no event will SitterTree be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the SitterTree Service, including without limitation damages related to any information received from the SitterTree Service, removal of your profile information or review (or other content) from the SitterTree Service, any restriction, suspension, or termination of your access to the SitterTree Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the SitterTree Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12.2 Limit on Our Liability to You.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SITTERTREE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE SITTERTREE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO SITTERTREE (SPECIFICALLY EXCLUDING PROVIDER FEES PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID SITTERTREE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
12.3 No Liability for non-SitterTree Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SITTERTREE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SITTERTREE SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE SITTERTREE SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SITTERTREE SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR END USER, YOU AGREE TO RELEASE SITTERTREE FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL SITTERTREE BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF AN END USER OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
12.4 Indemnification and Release.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SITTERTREE, ITS AFFILIATES, LICENSORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, 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: (1) YOUR TRANSACTIONS AND INTERACTIONS, ONLINE OR OFFLINE, WITH OTHER USERS OF THE SITTERTREE SERVICE, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE OR PERSONAL INJURY ARISING OUT OF PROVIDING OR RECEIVING CHILD CARE SERVICES, PROPERTY DAMAGE OR PERSONAL INJURY ARISING OUT OF CHILD TO CHILD INTERACTIONS, DRIVING, MEDICATION ADMINISTRATION OR OTHER PERSONAL CARE PROVIDED BY ANY SERVICE PROVIDER; (2) A VIOLATION OR BREACH OF THESE TERMS; (3) DISPUTES WITH OTHER USERS OF THE SITTERTREE SERVICE; (4) YOUR MISSTATEMENTS, MISREPRESENTATIONS, OR VIOLATION OF APPLICABLE LAW; (5) PROPERTY DAMAGE OR PERSONAL INJURY TO THIRD PARTIES; (6) USER CONTENT; (7) OR YOUR USE OF ANY BACKGROUND CHECK OR IDENTIFY VERIFICATION INFORMATION IN VIOLATION OF ANY APPLICABLE LAW. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
SitterTree specifically recommends that End Users do not permit or instruct any Service Provider to administer medication to your child, or to drive your child, or to give or assist with the giving of baths or showers while performing Child Care Services. In the event that you instruct or permit any Service Provider to administer medication, drive your child, or to give or assist with the giving of baths or showers while performing Child Care Services, you acknowledge and agree that your obligations under this indemnity provision apply in full to all such activities, and further agree and covenant not to sue or make any allegation against SitterTree for any claim arising therefrom.
SitterTree specifically recommends that Service Providers do not administer medication to any child, or to drive any child, or to give or assist with the giving of baths or showers while performing Child Care Services. In the event that you undertake to administer medication, drive any child, or to give or assist with the giving of baths or showers while performing Child Care Services, you acknowledge and agree that your obligations under this indemnity provision apply in full to all such activities, and further agree and covenant not to sue SitterTree for any claim arising therefrom.
YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS SITTERTREE, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, 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 SERVICES ARRANGED BETWEEN AN END USER AND SERVICE PROVIDER THROUGH THE USE OR ACCESS TO THE SITTERTREE SERVICE; (B) ANY CLAIM OR DISPUTE THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER; AND (C) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITTERTREE SERVICE BY OTHER USERS.
- Background Checks.
As part of a Service Provider’s registration process and before a Provider's Profile is publicly displayed on the SitterTree Service, a Service Provider must complete, and clear, a basic background check ("Background Check") from one or more third-party verification services made available during the registration process. As part of the Background Check, the Service Provider will provide information such as, name, birthdate, social security number, residence information, and criminal background information, to the third-party verification service.
If you are a Service Provider, by ordering and/or otherwise authorizing a Background Check to be conducted about yourself, you hereby agree and acknowledge that SitterTree may receive and review a copy of your Background Check and may conduct supplemental searches for publicly available information, including but not limited to, sex offender registries, your public social media profiles, and you understand and agree that SitterTree may restrict, suspend, or terminate your account based on information contained in such Background Check and other search results. SitterTree retains the right, but has no obligation, to take action to the extent permitted by applicable law with respect to a Service Provider's account based on the information contained in the Background Check report, including, but not limited to, restricting, suspending, or terminating the Provider’s account, regardless of whether incorrect or incomplete information in the report is subsequently corrected or completed.
SitterTree does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of, and will not have any liability for, the information provided by the third-party verification service. Any inaccuracies or disputes regarding information contained in a Background Check report must be addressed with the third-party verification service that provided the report and not with SitterTree.
Third-party verification services may be incomplete, not up-to-date, and may not provide all information about a Service Provider that may be relevant to you such as, for example, traffic violations, address verification, and pending criminal and/or civil complaints. Results are subject to applicable limitations that may affect the results of a Background Check, such as restrictions on reporting certain types of convictions or the time during which convictions are reportable. Background Checks are based upon publicly available records, but not all records are publicly available in every jurisdiction and there may be a delay before records are publicly available. Records not available to the third-party verification service and/or not allowed to be reported by law may include: juvenile and minors' records, dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries, deferred adjudications or pending court cases, nolle pros, and other convictions that are suppressed by state and federal reporting restrictions. In addition, each Background Check is performed with the authorization and information provided directly to the third-party verification service by the Service Provider. If inaccurate information is provided, the Background Check results may be inaccurate and/or incomplete.
SitterTree may, either during or after the account registration process, request further information from users and/or use third party services, to verify a Service Provider's or an End User’s identity, account or registration information. To the extent permitted by law, SitterTree has the right, but not the obligation, to conduct and/or use third-party verification services to verify information about a user including, but not limited to, verification of your account or registration information or your compliance with these Terms. By agreeing to these Terms, you consent to SitterTree performing verification checks on you to the extent permitted by law. If you do not want these checks performed, do not use the SitterTree Service.
- Class Action Waiver.
EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW, YOU HEREBY AGREE THAT YOU MAY ONLY BRING CLAIMS ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
- Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE SITTERTREE SERVICE 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 by SitterTree of any term or condition set forth in these Terms 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 SitterTree to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 these Terms will continue in full force and effect.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will 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 will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Service Providers from offering Child Care Services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
- Entire Agreement.
- Your Comments and Concerns.
All other feedback, comments, requests for technical support, and other communications relating to the SitterTree Service should be directed to email@example.com, For assistance with legal matters, mail all forms, documents, and notices to SitterTree, LLC P.O. 19586, Atlanta, Georgia 30325.