Last Updated: February 4, 2019
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.
Accessing the Website and the App and Account Security
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.
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. Persons seeking babysitting services (“Families” or “Groups”) should make their own assessments of the persons you decide to interact with, engage with, provide services to or receive babysitting services from (a “Babysitter”).
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, the truth or accuracy of listings, the ability of Babysitters to share their services or the ability of receivers to receive sitting services. 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. Nor can we ensure that a Babysitter will not cancel an appointment previously made.
We do not have control, supervise or provide any training or equipment to Babysitters, and we have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever or the services provided by Babysitters. 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.
We are not an employment service and we do not serve as an employer of any Babysitter. As such, Babysitter and Families 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 received 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.
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.
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.
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.
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.
Company requires use of Company's online payment service to facilitate payments for babysitting services (“Fees”). By booking a babysitter through Company, you acknowledge and agree Company will charge your card on file to pay all babysitter fees, tips, late cancellation fees, and services charges related to jobs scheduled through Company. Furthermore, you acknowledge and agree no other form of payment (cash, Venmo, etc) is acceptable for paying babysitters scheduled through Company.
Company reserves the right to increase or decrease the Fees from time to time by updating and listing the new Fees on the Website. You will receive an e-mail summarizing the updated Fees and any automatic renewal terms applicable to the Fees, if any. Once a Family and a Babysitter have scheduled babysitting services through their use of the Website or the App and the Family has confirmed that they have received the babysitting services from Babysitter, Company will facilitate payment of the applicable Fees. Any Fees incurred by Families are due immediately. If a Family fails to confirm or complete the transaction in the App within twenty-four (24) hours, the Family authorizes Company to charge the credit card related to the Family’s account. In such event, Company will send you a receipt by e-mail.
Company may assess a minimum circumvention fee of $500.00 against a Family if a Family chooses to contact any Babysitter directly. All babysitting jobs require a three-hour minimum payment to Babysitter. In the event that a Family returns early or does not use all of the time previously scheduled for babysitting services, the Family will be charged for payment of the job in its entirety as per the original booking.
Company may also assess Fees for late cancellations. The Fees related to such cancellations are as follows and may be modified from time to time:
- $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.
If changes are made to a job previously booked, the Babysitter reserves the right to cancel the booking and the Company cannot guarantee that it will be able to provide a replacement Babysitter.
All Fees are final, non-transferable and non-refundable; provided, however, Company 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 Fees. Disputed Fees shall not be made payable until a resolution is reached between Company and the Family.
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 a contact or continuing a relationship with a Babysitter where such contact or relationship was established primarily through the Website or the App for purposes of any of the foregoing; or (d) dispute Charges 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 Liabilit
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 OR ITEMS OBTAINED 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.
Company does not authorize the Babysitters to administer medication or to drive. In the event that you instruct the Babysitters to administer medication or to drive, you agree to indemnify and hold the Company harmless from all liability incurred in connection therewith
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 SERVICES ARRANGED BETWEEN A FAMILY AND BABYSITTER THROUGH THE USE OR ACCESS TO THE WEBSITE OR THE APP; (B) ANY CLAIM OR DISPUTE THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER, FAMILY, OR BABYSITTER; AND (C) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE WEBSITE OR THE APP BY OTHER USERS.
Class Action Waiver
YOU HEREBY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org or SitterTree, LLC, Legal Department, 3365 Piedmont Rd. NE, Suite 1400, Atlanta, GA 30305.