TERMS OF SERVICE

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Babysitters America - Terms of Use

    Welcome to BabysittersAmerica.com which is provided to You (“You” or “Your”) by Babysitters America, LLC (“Babysitters America”). The following Terms of Use govern Your access to and use of the BabysittersAmerica.com website (the “Website”) and the services offered by Babysitters America through the Website (the “Services”). The Website and Services enable persons seeking babysitting and nanny jobs (“Caregivers”) to post information about themselves and identify parents and guardians (“Parents”) seeking babysitting and nanny services, and enable Parents to post information about themselves and their children and to identify potential babysitters and nannies. These Terms of Use also govern Your access to and use of and the Website’s content, including its text, layout, images and graphics and the selection and arrangement thereof (collectively, “Content”) available on or through the Website. The words “User,” “You” and “Your” as used in this Agreement refer to users of the Website and other persons who access the Website. Please review the following disclosures and terms that govern Your use of the Website (the "Agreement"). The Website is owned and/or operated by Babysitters America. As used in this Agreement, the words “we,” “us,” and “our” refer to Babysitters America.

 

Your use of the Website constitutes Your Agreement and acceptance without change of these terms and conditions. In addition, as a condition of Your use of the Website, You represent and warrant to Babysitters America that You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these terms and conditions, Your use of the Website is prohibited. Other than this Agreement, Babysitters America will not enter into any Agreement with You or have any obligation to You through the Website and no attempt to create such an Agreement will be effective.  

 

BY ACCESSING, BROWSING OR USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT:

1. YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ AND UNDERSTAND  ALL OF THE TERMS AND CONDITIONS OF HIS TERMS OF USE;

2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF  THESE TERMS OF USE;

3. THESE TERMS OF USE ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND BABYSITTERS AMERICA; AND

4. IF ACCESSING, BROWSING OR USING THE WEBSITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

 

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITE. MOREOVER, BABYSITTERS AMERICA DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.  

LICENSE

You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Babysitters America or third-party providers, as applicable. Except as expressly permitted by Babysitters America in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.  

 

Except as expressly permitted by Babysitters America in these Terms of Use or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Babysitters America” or any other colorable equivalent without the prior written authorization of Babysitters America.  

SUBMISSIONS

You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with Your registration) to Babysitters America through the Website (individually and collectively, “Submissions”), You (i) grant Babysitters America a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Babysitters America the right to pursue at law any person or entity that violates Your and/or Babysitters America’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non- confidential and do not contain proprietary information.

 

Except as described in Babysitters America’s Privacy Policy, Babysitters America will not be required to treat any Submissions as confidential, and You acknowledge and agree that Babysitters America may use in connection with its business any of the concepts and ideas contained in Your Submissions (including, without limitation, product or advertising ideas) without compensation to You and Babysitters America will not incur any liability to You as a result of any similarities between concepts and ideas contained in Your Submission and future Babysitters America operations and business. Except as otherwise set forth in these Terms of Use, Babysitters America will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to You or any other person.   

 

Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You are responsible for the content of Your   Submissions and agree to defend (at Babysitters America’s option) and at Your sole expense, indemnify and hold Babysitters America harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Babysitters America may incur as a result of Your Submissions.

 

With respect to Your Submissions, You acknowledge, warrant and agree that:  

 

1. Your Submissions will be true and accurate, are the original work of Your   authorship, that You are not employed or otherwise being compensated by the  provider of the products or services (if any) that Your Submissions relate to and that You are not impersonating any other person;

2. You have the right to make Your Submissions without violating the copyright,   trademark, patent or other intellectual property rights of any person or entity, and  the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Submission relates; and

3. Your Submissions will not violate any law, or in any manner infringe or interfere   with the rights of others, including but not limited to the use of names,  information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.

 

Babysitters America retains the right to review and delete from the Website any Submissions which Babysitters America in its sole discretion considers illegal, offensive, obscene, abusive, commercial in nature, infringing, inappropriate or otherwise violate these Terms of Use. If notified of an allegation that the Website contains infringing information, materials or other content, Babysitters America may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Website. Notices to Babysitters America regarding any alleged copyright infringement should be sent to Babysitters America at Babysittersamerica.com/Member Support.  

SITE MONITORING

Babysitters America may monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other for the purpose of promoting the Website’s efficiency, usefulness, appropriateness of use and compliance with these Terms of Use. However, Babysitters America does not undertake to monitor or review every posting or communication, and Babysitters America disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.   Babysitters America is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Website, including, without limitation, all third party advertising posted on the Website. While Babysitters America, from time to time, may monitor the content of the Submissions and other third party communications posted on the Website, Babysitters America does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by on the Website by users and other third parties. Any information or material placed on the Website by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Babysitters America. Babysitters America reserves all of its rights to discontinue in its sole discretion some or all of the Services and/or the Website in general or to any user at any time.  

 

Subject to the terms of its Privacy Policy which is incorporated and made part of these Terms of Use, Babysitters America may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if Babysitters America believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect Babysitters America’s rights and property or the rights and property of Babysitters America’s users and business partners.  

PRIVACY POLICY

Babysitters America recognizes the importance of protecting the privacy of visitors to the Website. Please click Privacy Policy to view the Website’ privacy policy which is incorporated and made part of these Terms of Use. Any changes to the privacy policy will be communicated on such page.  

INTELLECTUAL PROPERTY

All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, are the property of Babysitters America or its licensors or suppliers. The Website and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by Babysitters America’s express authorization.  

 

“Babysitters America” is a trademark owned by Babysitters America. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Babysitters America or their respective owners.  

 

Except as provided in these Terms of Use, Babysitters America does not grant You any rights in or to the Babysitters America trademark or the Other Trademarks. You agree that You shall not use the Babysitters America trademark or the Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Babysitters America or the respective owners of the Other Trademarks as the case may be.  

USE OF THE SERVICES

By registering to use or purchasing the Services, You warrant and represent that:

 

If you are a Caregiver:  

1. You are not and have not been the subject of a complaint, indictment, restraining   order, conviction or legal action involving child abuse, domestic violence, assault,  sexual abuse or misconduct, cruelty, drug possession or distribution, larceny or fraud;

2. You are not and have not been required to register as a sexual offender with any   law enforcement or other governmental entity; and

3. You have not been convicted of a felony regardless of the nature of the crime.  

 

If You are Parent:

1. You and no one in Your household or other location where the babysitting or nanny services (“Caregiving Services”) are to be provided is or has been the subject of a complaint, indictment, restraining order, conviction or legal action  involving child abuse, domestic violence, assault, sexual abuse or misconduct, cruelty, drug possession or distribution, larceny or fraud;

2. You and no one in Your household or other location where the Caregiving Services are to be provided is or has been required to register as a sexual offender with any law enforcement or other governmental entity; and

3. You and no one in Your household or other location where the Caregiving Services are to be provided has been convicted of a felony regardless of the  nature of the crime.

 

You acknowledge and agree that Babysitters America may, but is not required to, to verify the above representations and warranties and You hereby grant Babysitters America the right to conduct criminal background checks and review government records in order to verify your representations and warranties. Babysitters America reserves the right, in its sole discretion and without limitation, to terminate your Babysitters America membership, remove Your postings from the Website and report You to law enforcement agencies in the event that Your representations and warranties are not accurate, whether in whole or in part.  

NO ENDORSEMENT

Babysitters America does not recommend or endorse any particular Caregiver or Parent whose information appears on the Website. Rather, the Website is an intermediary that provides information regarding Caregivers and Parents. No Content or other information contained on the Website should be construed as an endorsement of a particular Caregiver or Parent. Babysitters America is not obligated to verify any of the Content or any other information appearing on the Website including, without limitation, Submissions posted by users. The Content, Submissions and other information on the Website include statements of opinion, which are not statements of fact or Babysitters America’s recommendations to utilize the services of any specific Caregiver or provide services to any specific Parents. You should obtain any additional information necessary to make an informed decision prior to selecting and using any Caregiver or providing services to any Parents.   The opinions expressed on the Website are those of its Users and not Babysitters America. The Content is presented in summary form, is general in nature, and is provided for informational purposes only.  

 

You agree to assume all responsibility in connection with choosing any Caregiver or Parent through or by using the Services. You specifically acknowledge and agree that Babysitters America is not and shall not be held responsible or liable for any services rendered by any Caregiver or the conduct, misconduct, misrepresentations, misstatements of or by any Caregiver or Parent whether made through the Website or otherwise.  

 

The Caregivers offering and Parents requesting or obtaining services by or through the Website are independent third parties who are not employed by or agents of Babysitters America. Any agreement between a Caregiver and a Parent is solely between that Caregiver and that Parent as independent third parties and is subject to its own terms and conditions. Babysitters America is not a party to or beneficiary of any such agreements. Babysitters America does not endorse, approve, certify, or control any of the services provided by Caregivers or the conduct, behavior or actions of Caregivers and Parents or the safety or appropriateness of the locations where Caregiver Services are provided. Your entry into an agreement with a Caregiver or a Parent, as the case may be, is voluntary and should only be done after You make a careful independent assessment of the Caregiver or Parent. You acknowledge and agree that the inclusion of Caregivers and Parents on the Website shall not constitute or imply an endorsement, recommendation, or referral of any Caregivers or Parents. You acknowledge and agree that Babysitters America shall not be liable for any damages or injury resulting or arising from or in connection with the provision or receipt of Caregiving Services.  

USE OF THE WEBSITE

Without limiting anything else contained in this Agreement, You agree and acknowledge that:  

 

The Content, Submissions, databases used to store the Content and Submissions (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Babysitters America, and that no proprietary rights therein are being transferred to You by these Terms of Use; and that You will not, directly or indirectly:  

1. Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;

2. Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;

3. Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,

4. Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any  person or entity;

5. Access or attempt to access any other user’s account; 6. Obtain or ascertain or attempt to obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;

7. Elude or attempt to elude the Website’ security systems;

8. Attempt to gain access or gain access to the Website in a fraudulent manner;

9. Use the Website for any purposes other than those intended by Babysitters America, as determined by Babysitters America in its sole discretion; or

10. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers,  or other equipment.

 

You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to Babysitters America and that in such event money damages will not constitute sufficient compensation to Babysitters America; consequently, in the event that You, directly or indirectly, misappropriate or misuse the Content, Submissions and any other information contained therein, You specifically consent to Babysitters America obtaining injunctive relief against You in addition to any other legal or financial remedies to which Babysitters America may be entitled.  

Babysitters America reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate Your password and account should You be in violation of these Terms of Use, including but not limited to the provisions of this section entitled “Use of the Website.”  

NOTICE OF ENFORCEMENT

Babysitters America vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Babysitters America will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.  

REGISTRATION AND ACCOUNT CREATION

Babysitters America may at times require that You register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, You may be provided, or required to choose and/or provide a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration Information on the Website.  

USE OF USER ID/PASSWORD

If You register and/or set up an account on the Website, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize others to use the Website, and You are responsible for all use by You and those You allow to use the Website. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.  

 

You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization.  

 

We reserve the right to refuse service and/or terminate accounts without prior notice if You violate these Terms of Use or if We decide, in our sole discretion, that it would be in Babysitters America’s best interests to do so.  

MEMBERSHIP AND RENEWALS

Babysitters America provides free memberships to all Caregivers and Parents. Free memberships do not provide all of the Services and Website, access, functionality and features provided in connection with paid memberships. In order to obtain full access to the Website, use all of its functions and features and be able to use all of the Services, You must purchase a membership with Babysitters America. When purchasing a membership. You will have a choice of various payment options and membership lengths, which may include paying an up-front fee for a membership period or paying on a monthly or annual basis as stated on the Website. Additionally, We may offer promotional memberships which offer a one-time up-front payment fee (e.g. covering 3 months) with a commitment to subscribe for an additional longer period thereafter (e.g. the following 9 months). Payment for memberships will be made in accordance with the procedure and pricing explained on the Website. Membership fees are non-refundable; and memberships with a fixed commitment period (e.g., one month, six months, one year) cannot be cancelled during the commitment period.  

 

If You choose a pay-monthly membership with no commitment period or Your membership converts to a pay-monthly membership, Your monthly membership charges will be charged to the debit/credit card account You used to pay for Your initial membership until We or You cancel Your membership. You may cancel Your pay-monthly membership by contacting us at Babysittersamerica.com/Member Support at least 30 days before the last day of the current month of Your membership. Your cancellation will become effective on the first day of the subsequent month. Unless You change Your debit/credit card information, monthly membership charges will be charged to the debit/credit card account used to pay for Your initial membership.  

 

If You choose a membership with a fixed commitment period (e.g., 6 months), then whether it is pay-monthly or pay up-front, at the end of that period Your membership will automatically convert into a pay-monthly membership at the then applicable monthly rate unless You notify us that You would like to either (i) extend Your membership for another fixed commitment period or (ii) cancel Your membership upon the conclusion of the current fixed commitment period, which notifications must be received by Us at Babysittersamerica.com/Member Support at least 30 days before the conclusion of the current fixed commitment period.  

 

We may suspend or cancel Your membership in the event of inaccuracies with the debit/account information that You provide or if a charge is rejected by Your debit/credit card company.  

LINKS

At certain places on the Website, live hypertext links to other Internet websites can be accessed. Such other Websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Babysitters America. Babysitters America does not endorse, approve, certify, maintain, or control these other Website and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Babysitters America provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those Website’ respective terms of use and privacy polices. Neither the inclusion of the link on the Website nor reference on the linked Website to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Babysitters America. You acknowledge and agree that Babysitters America shall not be liable for any damages or injury resulting or arising from the content of or access to such other Website.  

 

There may be circumstances where access to the Website is provided by a hypertext link located at another website. Babysitters America has no responsibility for the content of such other website, Babysitters America does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Babysitters America shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Babysitters America does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Babysitters America, You agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of Babysitters America.  

THIRD PARTY SERVICES

Babysitters America may make criminal background checks, identification verification checks and sexual offender registry checks relating to Caregivers and Parents available for purchase on the Website (“Background Checks”). Background Checks are performed and provided to You by third parties that are not owned, operated or controlled by Babysitters America. Babysitters America does not review Background Checks and does not warrant, guarantee or represent that they are accurate, complete or reliable. All matters concerning Background Checks including, but not limited to, purchase terms, payment terms, warranties, guarantees, and issues relating to accuracy, completeness and reliability are to be resolved solely between You and the party supplying the Background Checks. You acknowledge and agree that (i) Babysitters America will not be considered or be construed as a party to any transaction involving the performance or provision of Background Checks, regardless of whether Babysitters America may have received some form of revenue or other remuneration in connection with such transactions; and (ii) You will not hold and Babysitters America will not be   liable for any damages or costs arising out of or related to, either directly or indirectly, to the provision or performance of Background Checks.  

 

SECURITY

We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.  

NO WARRANTIES; EXCLUSION OF LIABILITY

THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.  

 

THE WEBSITE IS OPERATED BY BABYSITTERS AMERICA, LLC ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BABYSITTERS AMERICA, LLC, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "BABYSITTERS AMERICA BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE BABYSITTERS AMERICA BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE BABYSITTERS AMERICA BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE BABYSITTERS AMERICA BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  

 

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  

 

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE BABYSITTERS AMERICA BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD- PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE BABYSITTERS AMERICA BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  

 

THE BABYSITTERS AMERICA BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  

 

BABYSITTERS AMERICA’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF BABYSITTERS AMERICA’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY BABYSITTERS AMERICA WITH RESPECT TO SUCH USE.  

CORRECTION OF ERRORS AND INACCURACIES

The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. Babysitters America therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that if the Website offers products or services for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability.  

CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS

If You have any questions about these Terms of Use, the Services or the Website, please send us an email to Babysittersamerica.com/Member Support.

 

Although Babysitters America will in most circumstances be able to receive Your email or other information provided through the Website (including, without limitation, service requests and other submissions), Babysitters America does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.  

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BABYSITTERS AMERICA AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:  

 

1. YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY   PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;

2. ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN   PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR  OBTAINED ON, FROM OR THROUGH THE WEBSITE;

3. ANY BREACH BY YOU OF THESE TERMS OF USE;

4. ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITE; AND

5. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE   WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD  PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER   NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER  PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.  

RELEASE FOR FORCE MAJEURE

You absolve and release Babysitters America and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Babysitters America or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.  

TERM AND TERMINATION

This Terms of Use will take effect at the time You click “I Agree” or access, browse or use the Website or any of the Content, and continues in perpetuity unless terminated by You and/or Babysitters America. Babysitters America reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Website, the Services and any of the Content; (ii) to change, remove or discontinue the Website, the Services and any of the Content or services available on or through the Website; or (iii) to terminate these Terms of Use.

 

You may terminate these Term of Use at any time by ceasing all use of the Website, the Services and the Content. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of these Terms of Use are intended to survive and will survive the termination or expiration of these Terms of Use for any reason.  

NOTICES

Any notice or other document or communication required or permitted hereunder to Babysitters America will be deemed to have been duly given only if in writing and delivered by email sent to Babysittersamerica.com/Member Support.

 

Notices to Babysitters America shall be deemed delivered when actually received by Babysitters America.  

 

Any notice or other document or communication from Babysitters America required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.   Should You elect to send or receive e-mail communications of any kind to or from Babysitters America, You represent and warrant to Babysitters America that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.  

JURISDICTION; COMPLIANCE WITH LAWS

Except as set forth otherwise herein, Babysitters America controls and operates the Website from the United States of America and makes no representation that the Content and Services are appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.  

 

Access, browsing and use of the Website, the Content, the Services and these Terms of Use, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New York without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Website.  

 

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, COUNTY OF NEW YORK, USA. YOU AND BABYSITTERS AMERICA AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.  

ARBITRATION

Any controversy or dispute between You and Babysitters America (the “parties”) concerning the Website, the Services, the Content, these Terms of Use and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New York County, New York. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.  

WAIVER

No delay or omission by Babysitters America to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms of Use will impair any such right or power or be construed to be a waiver thereof. Any waiver by Babysitters America of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.  

SEVERABILITY

If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.  

INDEPENDENT CONTRACTOR

Babysitters America is an independent contractor; nothing in these Terms of Use shall be construed to create a partnership, joint venture, or agency relationship between You and Babysitters America.  

CONTINUED USE DEEMED ACCEPTANCE

Babysitters America reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Use from time to time. After You are notified of any such modification, Babysitters America will deem Your continued use of the Website, the Sevices or any of the Content to constitute Your acceptance of and agreement to such modification.  

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between You and Babysitters America with respect to Your use of the Website, the Services and the Content, and supersede any and all prior understandings or Agreements between You and Babysitters America, whether written or oral. You acknowledge that, in providing You access to and use of the Website, the Services and the Content, Babysitters America has relied on Your acceptance of these Terms of Use. Babysitters America, LLC 2013  

 

 

Babysitters America, LLC 2013