Terms of Service
Effective date: July 15, 2022
Welcome to Sitter Solutions!
These Terms of Service (the “Terms”) govern the use of the services offered by Sitter Solutions, LLC (“Sitter Solutions,” “we,” “us,” or “our”) at and through TheSitterSolutions.com website (the “Site”) and Sitter Solutions Mobile App (the “App”) (the Site and the App are, collectively, the “Platform”). These Terms apply to all visitors, users, contributors, providers, and others who access the Platform (“you,” or “User”).
Please read these Terms carefully before using the Platform.
THESE TERMS CONTAIN A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
The Platform is an online venue that connects individual child care providers registered with Sitter Solutions (“Sitters”) directly with individuals seeking child care services (“Seekers”). The Platform is intended for registered Users who have executed a Sitter Agreement or Seeker Agreement with us (collectively, “Registered Users”). If you are not a Registered User, you may be able to browse the Platform, but you will not be able to use any of the features available to Registered Users. Should a conflict exist between these Terms and the applicable Sitter Agreement or Seeker Agreement, the terms and condition of the Sitter and/or Seeker Agreement shall control.
To inquire about becoming a Registered User, you may contact us at firstname.lastname@example.org and provide us with contact information so we may get in contact with you.
Sitter Solutions does not select, recommend or endorse any Sitter Services or any individual Registered Users featured on Platform. Certain search features on the Platform may allow Users to enter in search criteria and see filtered results based on their User inputs. These search features may show Sitter Profiles in order based on the relevancy of search criteria compared to the data made available by Registered Users on their applicable profiles. Any results, or the order thereof, should not be construed as a recommendation of one Register User over another.
Sitter Solutions only provides the technology to connect Sitters with Seekers. Sitter Solutions is not a child care center or agent for any Sitters. Sitter Solutions is not a partner, joint venture, employer, or affiliated in any way with the Registered Users on the Platform. Sitter Solutions is not involved in the representation of the Sitter Services or the Registered Users featured at Platform. Sitter Solutions is not and does not become a party to any contractual relationship between the Registered Users, nor does Sitter Solutions represent either party in any such transaction.
Sitter Solutions strongly encourages and recommends that Users independently research the Registered Users before entering in any contract for Sitter Services. All in-person meetings between any Registered Users of the Platform are done so entirely at their own risk. You hereby release Sitter Solutions from any and all liability arising from and/or in any way related to the Platform or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users whether in-person, online or through the Platform.
Updates to the Service
Sitter Solutions reserves the right to, without prior notice, amend, modify, and stop providing the Platform, to you or to Users generally; or create usage limits for the Platform, at any time in our sole discretion. The Platform is provided “as is,” and you acknowledge and agree that you will not rely on any existing features of the Platform being available in the future, nor any proposed updates becoming available.
Sitter Solutions reserves the right, in its sole discretion, to deliver enhancements, bug and error fixes, updates and upgrades to the Platform that are made generally and commercially available to Users of the Platform. We make no guarantee that the Platform will be available to you at all times and error free.
You may only use the Platform if you meet the following eligibility conditions: (i) you are at least eighteen (18) years old; (ii) you have the capacity to enter into these Terms with us; and (iii) you agree to the terms and conditions contained herein. Any use or access to the Platform by anyone that does not meet the eligibility conditions set forth above is strictly prohibited and in violation of these Terms. The Platform may not be available to Users previously removed from the Platform by us.
United States Only
The Platform is hosted in the United States and is only intended for use within the United States. By using the Platform, you consent to the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to your use of the Platform, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and the exclusive jurisdiction of the courts of the United States and the State of California.
Your access to and use of the Platform is conditional on your acceptance of these Terms. By accessing and using the Platform you accept and agree to abide by these Terms for each use of and visit to the Platform. If you do not agree with all terms and conditions of these Terms, please do not use the Platform.
Our Platform is evolving, thus we reserve the right to modify these Terms at any time by posting updated Terms on the Platform. We may also, at our sole discretion, provide Registered Users with an email notice of changes. You are responsible for regularly reviewing these Terms and your continued use of this Platform shall constitute your acceptance of the updated Terms. If any modification is unacceptable to you, you shall cease using the Platform. If you have any questions about these Terms, you may contact us at email@example.com.
Sitter Solutions Accounts
You may access and use the Platform only for its intended purpose and in accordance with the terms and conditions set forth herein. If you choose to register for a Sitter Solutions account, you will have access to the Platform and functionality that we may establish and maintain from time to time in our sole discretion for Registered Users. We reserve the right to maintain different types of accounts for different types of Users.
If you choose to register for a Sitter Solutions account, you will create a user identification and a password upon completing the registration process (“Credentials”). You may not transfer to or share your account with any other person or third party, and you are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your account. You agree to: (i) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may edit your user profile, including your user name, password, email address, and phone number (collectively, “Personal Information”), and how you interact with the Platform by changing the settings in the “My Family Profile” section of the Platform.
User Generated Content
We may provide Registered Users with the opportunity to post content on the Platform (e.g. comments, suggestions) and in your profile (e.g. texts, photographs, videos). Users are solely responsible for the content that they post on the Platform or in their profile. These materials will be treated as non-confidential and may be viewable by other Users of the Platform and on third-party websites. By posting user-generated content to the Platform, you hereby grant us a non-exclusive license to copy, modify, distribute, publicly display and publicly perform, and otherwise use your content for any business purpose.
In creating your Sitter Solutions account, you may not upload, download, post, email, or otherwise transmit any content that, without limitation:
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
May be considered false or misleading information;
Violates another's rights, rights of celebrity or privacy, which includes without limitation uploading a picture of another person without such person’s consent;
Is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable;
May be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
Would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, or national law; or
Would or be likely to incite, promote, or support discrimination, hostility, or violence.
We or our designees shall have the right (but not the obligation), at our sole discretion, to screen the content uploaded or created on the Platform by a User and to reject or remove any information that is made available via the Platform. If you upload content to the Platform you acknowledge we may review your content for adherence to our guidelines and compliance with these Terms, and we and our designees shall have the right to remove your content and/or terminate your account if you violate these Terms or if any content you provide to the Platform is otherwise objectionable to us, and that we may do so without any obligation to you, monetarily or otherwise.
Suspension and Termination
You may terminate these Terms and your use at any time by deleting your account, uninstalling the app, and/or by stopping use of the Platform. To delete your account you must contact us at firstname.lastname@example.org or call us at 619-348-6121.
Sitter Solutions, without prior notice, may suspend or terminate your use of the Platform at any time if, in our sole discretion, your use of the Platform is in violation of these Terms, or if we reasonably believe that your use of the Platform could cause damage to the Platform, the rights of other Users, or for any other reason, even if not expressly set forth in these Terms. Our right to suspend and/or terminate your account and/or your access to the Platform does not limit our right or ability to seek any other remedy available to us through these Terms or at law.
Suspension or termination of your account may result, in our sole discretion, in the deletion of your Personal Information and the profile that is saved in or associated with your account, and any pending transactions will be canceled. Also, you agree to immediately stop using the Platform.
Preservation of your Account Information
We reserve the right, but not the obligation, to maintain your account information even after you terminate your account with us. You acknowledge and agree that we may preserve your account information and may also disclose your account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce these Terms; (iii) respond to claims that the information contained in your profile violates the rights of any third party; or (iv) protect our rights, property, or personal safety or of our Users or the public.
You understand that the technical processing and operation of the Platform, including your information, may involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connection networks or devices. We will maintain commercially reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of your Personal Information and the information uploaded to your account. You recognize and agree that hosting content online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Platform, you assume such risks. We offer no representation, warranty, or guarantee that your Personal Information will not be exposed or disclosed through errors or the actions, including negligence, of third parties or us. We will have no responsibility or liability for the accuracy of data uploaded to the Platform by you.
You agree that you will use the Platform, Third-Party Content and Third-Party Services, and Sitter Solution accounts and information contained therein only for their intended purposes and will comply at all times with all applicable laws, including without limitation, all intellectual property, nondiscrimination, privacy and data security laws and will not take any action that harms or violates the rights of any person or entity. In general, this means that you cannot use any of the content contained on the Platform for any other purpose unless you are the original creator and owner of such content.
Without limitation, in using the Platform, you agree to not:
Reproduce, duplicate, copy, sell, resell or exploit for commercial purposes any portion of the Platform or access to the Platform without our express written consent;
Use the Platform in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes;
Modify or create derivative works based upon Third-Party Content;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person, entity or property;
Remove or alter any watermark or attribution marks unless expressly permitted by the Platform;
Use or access the Platform to provide service bureau, time-sharing or other computer hosting services to third parties;
Use any Sitter Solutions content for distribution electronically that competes with Sitter Solutions (i.e. making it available for others to provide Sitter Services, whether on your own platform or any other third-party platform). We solely determine what constitutes competition;
Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt or interfere with the security of, or otherwise abuse, the Platform, system resources, accounts, servers, or networks connected to or accessible through the Platform;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Platform;
Access, tamper with or use non-public areas of the Platform. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution;
Disrupt or interfere with any other User's enjoyment of the Platform;
Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission;
Access the Platform in order to build a similar product or competitive product; or
Frame or link to the Platform except as permitted in writing by us.
Registered User Account
Registered User Account Rules
Registered Users are solely responsible for all information that they upload or otherwise provide to the Platform.
Representations and Warranties
By creating an account, you represent and warrant that: (i) you are the person indicated in your account; (ii) the information provided in your account is accurate and updated; (iii) you will not use the Platform for any illegal or unauthorized purpose; and (iv) your use of the Platform will not violate any applicable law or regulation.
You are responsible for your compliance with these Terms. You are responsible for your own acts and omissions and you shall: (i) be solely responsible for the accuracy, quality, integrity and legality of the information provided in your account; (ii) use commercially reasonable efforts to prevent unauthorized access or use of the Platform through your account; and (iii) use the Platform only in accordance with applicable laws, government regulations, and these Terms.
Sitter Solutions shall not, in any way, be responsible for any intentional or unintentional misuse of account information by you or any third parties to whom you have granted access to your account. You are solely responsible for safeguarding your account credentials.
Our Proprietary Rights
Your Right to Access
You acknowledge and agree that the Platform contains proprietary information that is protected by applicable intellectual property and other laws. We grant you, and you alone, a non-exclusive, and non-transferable right to access and use the Platform subject to the terms and conditions of these Terms. The Platform may give you access to descriptions, commentary, documents, articles, and other written or visual content (“Sitter Solutions Content”) which is and shall remain the exclusive property of Sitter Solutions.
We or our licensors or licensees retain all rights, title, and interest in and to the Platform, including without limitation all software included in and used to provide the Platform, the Sitter Solutions trademarks (all names and logos), and Sitter Solutions Content provided on the Platform (collectively, “Sitter Solutions IP”). These Terms do not grant you: (i) any right to reproduce, modify, distribute, license, sell, transfer, or publicly display or perform or otherwise exploit the software included in the Platform, (ii) copy, modify, distribute, license, sell, transfer, publicly display or perform or otherwise exploit any content on the Platform; (iii) any other right to the Sitter Solutions IP or Platform not specifically set forth in these Terms.
Licenses in Your Information
You grant to us a non-exclusive, royalty-free, assignable, transferable, sublicensable, and revocable right and license to use, reproduce, adapt, and distribute your profile information as reasonably necessary: (i) to provide the Platform as required under these Terms and to exercise our other rights, and perform our other obligations, under these Terms, and (ii) to use and disclose information contained in or derived from your profile information or Related Data (defined below), on an anonymous (de-identified) basis only, for statistical, analytical, research, marketing, product/service improvement, and other commercial purposes. “Related Data” means data or information (excluding Personal Information) associated with or arising out of use of the Platform (including without limitation data associated with requests made to, and responses generated in connection with, the Platform). Related Data will be our property, and neither we nor any of its sublicensees shall have any duty to compensate or account to you in connection with the exercise of the foregoing rights.
The Sitter Solutions name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sitter Solutions or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
You may provide us or make public on the Platform notes, emails, postings, letters, suggestions, concepts, or other written materials related to the Platform (collectively, “Feedback”). You acknowledge and agree that you do not maintain and will not assert any ownership, intellectual property right, or any other right to the Feedback. You further agree that any Feedback provided to us will not be considered confidential information, and that we are permitted to freely share, disclose, modify, creative derivative works, or otherwise use the Feedback for any purpose. Should the ownership of the Feedback be found under applicable law to not be the property of Sitter Solutions, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any Sitter Solutions products or services any Feedback provided by you relating to the provision of the Platform.
Sitter Solutions respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Platform if submitted to us as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to us:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you;
A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
Your electronic or physical signature.
Sitter Solutions may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Any notices related to copyright infringement should be sent to email@example.com.
Third-Party Content and Services
Third Party Services
The Platform may provide access to or may integrate with third-party apps, services, websites, and other content that are not owned or controlled by us (“Third-Party Services”). All Third-Party Services are provided “As-Is,” and we do not warrant any such Third-Party Services, regardless of whether they are required to use our Platform. You expressly relieve us from any and all liability arising from your use of any Third-Party Service, and any use by you of such Third-Party Services is solely between you and the applicable Third-Party Service provider. We do not endorse or assume any responsibility for any such Third-Party Services. If you access Third-Party Services from the Platform, you do so at your own risk and you understand that these Terms do not apply to your use of such Third-Party Services. We shall not be responsible for any disclosure, modification or deletion of your profile information resulting from access by Third-Party Services. Additionally, we are not responsible for any downtime or unavailability of Third-Party Services which are outside our reasonable control. Under no circumstances will we be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use a Third-Party Service.
We may make our Platform available via your mobile telephone and/or tablet. Our Platform may not be compatible with all mobile devices, carriers, and service providers, and we do not make any representations or warranties with respect to such compatibility.
Disclaimer of Warranties
WE PROVIDE THE PLATFORM AND ALL CONTENT ON AN "AS IS'' AND "AS AVAILABLE" BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND SITTER SOLUTIONS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR (III) DEFECTS, IF ANY, WILL BE CORRECTED. TO THE EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITTER SOLUTIONS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION PROVIDED ON THE PLATFORM DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE ADVICE; SITTER SOLUTIONS IS PURELY A TECHNOLOGY PROVIDER TO LIST, PROMOTE, COMMUNICATE, AND ADVERTISE. YOU AGREE THAT SITTER SOLUTIONS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, YOUR BUSINESS, YOUR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR DOWNLOAD OF OUR PLATFORM, OR ANY CONTENT CONTAINED THEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SITTER SOLUTIONS OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SITTER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS OR ANY SERVICES PROVIDED BY SITTER SOLUTIONS. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE PLATFORM; (II) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE PLATFORM AND OUTSIDE OF THE PLATFORM, WHETHER ONLINE OR IN PERSON; OR (VI) ANY OTHER MATTER RELATING TO THE PLATFORM.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE BE HELD RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY, INCLUDING PERSONAL INJURY, RESULTING FROM THE COMMUNICATIONS, IN-PERSON MEETINGS, OR ANY OTHER INTERACTION BETWEEN REGISTERED USERS, OR FOR ANY OTHER DAMAGE OR LOSS OUTSIDE OF OUR REASONABLE CONTROL.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF SITTER SOLUTIONS EXCEED $100, OR IF GREATER, THE AMOUNT ACTUALLY PAID BY YOU TO SITTER SOLUTIONS IN THE 12 MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE SITTER SOLUTIONS OF ANY SUCH CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS SITTER SOLUTIONS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES'') FROM ANY THIRD-PARTY CLAIM, SUITE, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONS ARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESS AND USE OF THE PLATFORM THAT, WITHOUT LIMITATION, INCLUDES: (I) THE INFORMATION UPLOADED IN YOUR USER ACCOUNT PROFILE; (II) YOUR ACCESS TO OR USE OF THE PLATFORM FOR ILLEGAL, FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; (III) YOUR CONNECTION TO THE PLATFORM; (IV) YOUR VIOLATION OF THESE TERMS; OR (V) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY. IN ANY EVENT, SITTER SOLUTIONS SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH SUIT OR PROCEEDING THROUGH COUNSEL OF ITS OWN CHOOSING AT SITTER SOLUTIONS’S OWN EXPENSE. YOU WILL ALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANY LEGAL ACTION, SUBPOENA, SEARCH WARRANT, OR COURT ORDER REQUIRING PRODUCTION OF INFORMATION OR DOCUMENTS RELATED TO YOUR USE OF THE PLATFORM.
In the event of a dispute between you and another User of the Platform, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which states:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Allocation of Risk
You acknowledge and agree that we provide the Platform in reliance upon the disclaimers of warranty and the limitations of liability contained herein, and that these Terms reflect an allocation of risk between you and us (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the provisions herein form an essential basis of the bargain between you and us. If you are subject to applicable laws that prohibit you from indemnifying us as set forth herein or prohibit you from entering into the risk allocation arrangement as set forth herein, then the terms will apply to you to the fullest extent permitted by applicable law, it being understood that you and us each wish to enforce the provisions of these Terms to the maximum extent permitted by applicable law.
For any dispute with us, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally for at least thirty (30) days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and that such arbitration will be conducted in California, unless you and we agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This arbitration provision is governed by the Federal Arbitration Act.
No Class Action; No Jury Trial
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESE TERMS. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Dispute Resolution
The laws of the United States and the State of California shall govern these Terms. Any dispute between the Parties that are excluded from the arbitration agreement or that cannot be heard in small claims court shall be resolved in the United States District Court for the Southern District of California, and the parties submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Southern District of California, then the exclusive forum and venue for any such action shall be the courts of the State of California, located in San Diego County, and the Parties hereby submit to the personal jurisdiction of that court.
In the event that any provision of these Terms is considered invalid, illegal or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.
These Terms, together with the other terms and agreements incorporated herein by reference, and any amendments and any additional agreements you may enter with us in connection with the Platform, constitutes the entire agreement between you and us concerning your access and use of the Platform.
Relationship of the Parties
You and Sitter Solutions are independent contractors, and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms.
Our failure at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms. A waiver of any default by Sitter Solutions will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
The section headings and any plain English summaries appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
No Transfer; No Assignment
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Third-Party Beneficiaries
Other than as expressly provided in these Terms, no third-party beneficiaries are intended or will be construed as created by these Terms.
Notices; Electronic Communication
By providing us with your email address, you consent to receive Sitter Solutions-related communications and notices electronically and you agree that all agreements, notices, disclosures and other communication that we provide to you via the Platform or email satisfy any legal requirement that such communications be in writing. We may also use your email address to send you other messages, such as changes to the features of the Platform and special offers (“Promotional Messages”). If you do not want to receive Promotional Messages, you may opt out or change your preferences on your Edit Profile page, or by emailing Sitter Solutions at email@example.com.
Neither Party shall be liable for any failure or delay in its performance under these Terms or any and all addenda due to circumstances beyond its reasonable control, provided that it notifies the other Party as soon as practicable and uses its best efforts to resume performance (such a “Force Majeure Event”). A Force Majeure Event includes, without limitation, strikes, lock-outs, labor troubles, inability to procure materials or services including substantial price increases in materials or services, impacts of pandemics, epidemics, failure of power, riots, insurrection, war or other reasons of a like nature not the fault of such Party. The Party shall immediately provide notice to the other Party of such delay, and performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Each Party agrees to strive to develop and maintain adequate backup systems, procedures and resources to assure their respective performance. Whether an event is a Force Majeure Event shall be at the sole discretion of Sitter Solutions.
For questions regarding these Terms, please contact us at firstname.lastname@example.org.