Terms of service

SITTERBANK TERMS OF USE and END USER LICENSE AGREEMENT

Effective and last revised 3-22-23

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT

TO SECTION 15-48-10, ET SEQ. OF THE SOUTH CAROLINA CODE, AS AMENDED

These Terms of Use and End User License Agreement ( “Terms” or “Agreement”) specify the terms and conditions that govern your access to and use of the SitterBank App (“App”) or www.SitterBank.com (“Site” or “Website”) or any tools and services provided in connection with the Apps or the Sites or other SitterBank software (collectively “Services”).  This Agreement is made between Yorktown Enterprises LLC d/b/a SitterBank, a Delaware limited liability company (“SitterBank”), and you the user (“User”).  In this Agreement the words “you” and “your” refer to each Site visitor or User, “we”, “us” and “our” refer to SitterBank. Notwithstanding the prior definition the term “SitterBank” shall also include its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns; “User” shall include each person who accesses or uses the Service, including those who wish to obtain services (“Parents”) and those who wish to perform services (“Sitters”), whether or not such User personally registered on the Site or installed the App.

By clicking the “I Agree” button or by signing up, checking a box, registering for, accessing, visiting, browsing, using or attempting to interact with or use any part of this Website, by downloading the App, or otherwise providing consent to an application screen or user form which references these Terms, you agree that you have read, understand and agree to be legally bound and to abide by this Agreement and any policies, guidelines or rules applicable to the Services and posted on the Website, including but not limited to SitterBank’s Privacy Policy (“Privacy Policy”), which is incorporated herein by reference and can be found at www.sitterbank.com/privacypolicy. 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SERVICES. 

YOU ACKNOWLEDGE THAT SITTERBANK IN ITS SOLE DISCRETION, MAY UPDATE OR MODIFY THESE TERMS AND/OR ANY OTHER POSTED POLICIES, GUIDELINES OR RULES FROM TIME TO TIME WITHOUT NOTICE TO YOU.  CONTINUED USE OF ANY PART OF THIS WEBSITE OR APP CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

1. Eligibility

1. Who is Eligible. You represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Services:
1. You are at least eighteen (18) years old; 
2. You comply with all laws, rules and regulations in connection with your use of the Services and any services arranged through the Services, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive Services;
3. You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; if you are entering into this Agreement on behalf of a company or other legal entity, you have the authority to bind such entity to this Agreement;
4. Neither you, nor anyone in your home or, as applicable, the location where Services are provided or received:
1. Has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involved endangering the safety of others;
2. Has been charged or convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or
3. Has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and
5. Neither you, nor anyone in your home or, as applicable, the location where Services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses. 
6. You are accessing and using the Services only in the United States.

1. SitterBank Reliance. By using the Services, you understand and agree that SitterBank may rely on the above Eligibility Conditions representations and warranties as true.  You understand and agree that SitterBank may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Services. If at any point you no longer meet the Eligibility Conditions, you must discontinue using the Services. If SitterBank becomes aware or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion.  

1. Termination. Notwithstanding the above provision entitled “SitterBank Reliance,” SitterBank may suspend and/or terminate your account for any reason or for no reason at all and with or without notice at SitterBank’s sole discretion. You agree to make no further use of the Services during the suspension or after termination. You agree to not create a false profile or additional profiles in order to maintain access to the Services.  SitterBank reserves the right to take appropriate legal action, including without limitation injunctive relief.  While your membership is suspended and after it is terminated, this Agreement will remain enforceable against you. 

1. Privacy 

1. Privacy Policy. You can view SitterBank’s Privacy Policy on the website for the Services found at http://www.sitterbank.com/privacypolicy, which is expressly incorporated into this Agreement. By using the Services, you agree to the applicable Privacy Policy and any changes published to it by SitterBank. 

1. Acceptance. When you register, open an account, or access certain portions of the Site or the Services, you must provide complete and accurate information as requested by SitterBank during the respective process. If you choose to register, you agree to: (i) supply the information requested in the registration process; (ii) ensure that all the information you supply to use is accurate; and (iii) update your personal information. You agree to notify SitterBank immediately of any unauthorized use of your account, user name or password. SitterBank shall not be liable for any loss you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by SitterBank, its affiliates, officers, directors, employees, consultants, agent and/or representatives due to someone else’s use of your account or password.

1. Intellectual Property 

End-User License. The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to use the Services in a manner as contemplated by this Agreement, but in no event for commercial use or resale. SitterBank reserves all other rights in the Services not granted to you in writing herein. The license granted in accordance with this Agreement will last as long as you meet any applicable payment obligations and comply with this Agreement. SitterBank grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Services on any mobile device or computer that you own or control, solely for your personal, noncommercial use. 

You acknowledge and agree that the Services are licensed, not sold. You agree not to use the Services in a manner that violates any applicable law, regulation, Prohibited Use (as defined below) or this Agreement.  You agree you will not: (i) reverse engineer, discover or reveal to yourself or others the source code of, make derivative works of, change, enhance or modify the Software; (ii) provide access to or give the App or any part of the Services to any third party; (iii) transfer your license to the Services to any other party; (iv) attempt unauthorized access to Software beyond the scope of this Agreement; (v) permit any third party to benefit from the use or functionality of the Services via a rental, sharing or any other arrangement; (vi) make the Software available on any file-sharing or application hosting service; (vii) attempt to resell the Services to other potential end users; or (viii) use the Services other than for its intended purpose, including for any competitive purpose.

Any use of the Services other than as specifically authorized herein, without prior, written permission of SitterBank, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. 

 THIS LICENSE IS FREELY REVOCABLE BY SITTERBANK AT ANY TIME.

1. License to use Personal Information. In connection with the use of certain SitterBank Services, you may be asked to provide personal information.  This information will be protected pursuant to our Privacy Policy.  In addition, you grant SitterBank a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service.

1. License to User Content. Under United States federal law, you retain copyright on all works you create and post as User Content, as defined in this Agreement, unless you choose specifically to renounce your ownership.  By posting such User Content, you grant an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sublicensable license to SitterBank to use, reprint, distribute, modify, and create derivative works, which will be owned by SitterBank.  In positing a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission of such dissemination. 

 

1. Compliance with Laws. When accessing the Site or using the Services, you agree to obey the applicable law and you agree to respect the intellectual property rights of others.  Your use of the Services and the Site is at all times governed by and subject to applicable laws regarding copyright, trademark and other intellectual property ownership.  You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyright ownership and use of intellectual property, and you shall be solely responsible for any violation of any relevant laws and for any infringement of third party rights caused by any content you provided or transmit or that is provided or transmitted using your SitterBank user account.

1. Trademarks. You shall not use the name, logo, or other trademarked material of SitterBank or any third party associated with the Services, without prior written approval of SitterBank or the third party, for any purpose, including but not limited to advertising and marketing purposes. In addition, you must not remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained with the Services without prior written approval of SitterBank.  All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

1. Copyright Complaints. Owners of copyrighted works who believe their rights under copyright law have been infringed may take advantage of the Digital Millennium Copyright Act to report alleged infringements.  If you believe that your work has been copied and posted on or made accessible through the Services in a way that constitutes copyright infringement, please provide to SitterBank the information listed below at the following address:
1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (internet address) or other specific location within the Services where the infringing material is located.  Include enough information to allow SitterBank to locate the material; 
3. Your address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.  

1. User Accountability 

Permitted Uses. 

User Content.   At various locations on the Site, SitterBank may permit Users to provide information, content, messages, photos, reviews, and/or materials (“User content”). Contributions to, access to and use of the User Content are at your own risk and subject to all the terms of this Agreement including but not limited to the Limitation of Liability found in the section 9. Release of Liability. 

 

Representations and Warranties of User Content.  You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, in compliance with the section 3. Intellectual Property of this Agreement. You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Services; or violate any provision of this Agreement including, but not limited to section 3. Intellectual Property and 4. User Accountability.  

Removal of User Content. SitterBank has no obligation to screen, edit or monitor User Content, however, SitterBank reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable, screen or edit User Content or suspend or terminate your account for any reason or for no reason, in SitterBank’s sole discretion, including if it believes that any User Content violates any of the foregoing rules. Enforcement of the User Content rules set forth in these Terms of Use is solely at SitterBank’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of SitterBank’s right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Prohibited Use. The use of your SitterBank user account or positing User Content for any illegal activity under the applicable laws is a violation of this Agreement (“Prohibited Use”).  You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Services:

Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

Use the Services or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;

Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

Upload files that contain viruses, trojan horses, worms, time bombs, spiders, bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of the Services, on any device, computer system or network;

Take any action that would undermine any aspect of the Services or use the Services in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;

Attempt to gain unauthorized access to the Services, other User accounts, or other device, computer system or networks connected to the Services;

Harvest or otherwise collect information about Users without their consent;

Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Services that are not appropriate or relevant to the Services;

Impersonate another person or allow any other person or entity to use your user name, password or membership;

Use any stolen credit card or banking information to use the Services,

Post the same content repeatedly or spam - spamming is strictly prohibited;

Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Services;

Access, download, or copy any information, content and/or materials from the Services through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);

Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Services; and/or

Restrict or inhibit any other User from using and enjoying the Services.

User Responsibility. You agree to use the Services in a manner that are lawful, relevant and proper to the applicable forum. You are legally and ethically responsible for any User Content – writings, files, pictures or any other work that you post or transmit using any SitterBank Services that allows interaction or dissemination of information.

1. Security

1. User Background. You understand and agree that SitterBank does not routinely verify that any or all of the Eligibility Conditions are met by any other Users, and you further understand and agree that SitterBank is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Services by Users who do not meet the Eligibility Conditions.  

Release of Liability on Accuracy of Users. You understand that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another User to perform Services.  You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform Services, accepting any engagements offered by other Users or otherwise interacting with other Users.  SitterBank hereby expressly disclaims, and you hereby expressly release SitterBank from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to any inaccuracy, untimeliness or incompleteness of User’s Eligibility Conditions; and or any misstatements or misrepresentations made by any Users.

 

1. System Security.  Although we cannot make an absolute guarantee of system security, SitterBank takes reasonable steps to maintain security.  If SitterBank finds that files or processes belonging to a User pose a threat to the proper technical operation of the system or to the security of other Users, SitterBank reserves the right to delete those files or to stop those processes.   If SitterBank suspects a user name is being used by someone who is not authorized by the proper user, SitterBank may disable the user’s access in order to preserve system security.  You further understand the Website and App are accessed via the Internet and are subject to inherent risks associated with Internet usage such as viruses and hackers; you agree that SitterBank has no liability for acts of any third party that may affect the use of the Website and/or App.

1. Location Information. The Services may implement a location feature whereby they will automatically collect your geolocation information if you provide your consent.  In such event, the Services may use and share such location to enhance the User experience.  SitterBank may also use location information for data analytics and advertising purposes.  Sharing your location does require an enhanced level of awareness by the User and can increase potential security threats.  

1. Ownership 

1. Material. This Site is owned and operated by SitterBank.  All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (“Materials”) are owned or licensed either by SitterBank or by our respective third party authors, developers or vendors.  Except as may be expressly stated on the Site or in this Agreement, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of SitterBank’s intellectual property rights, whether by estoppel, implication or otherwise.  Any rights not expressly granted herein are reserved by SitterBank.

1. Unauthorized Use. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statues as well as other rights, laws, rules, regulations and statutes. You shall be responsible for any unlawful use of any Materials contained on this Site.

1. Links to External Sites. This Site or Services may contain links to websites controlled by parties other than SitterBank (“Third Party Site(s)”). SitterBank may work with a number of partners and affiliates whose sites are linked with our Site or Services.  SitterBank is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites.

SitterBank makes no guarantees about the content or quality of the products or services provided by such Third Party Sites.  SitterBank is not responsible for webcasting or any other form of transmission received from Third Party Sites.  SitterBank is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SitterBank of the Third Party Site. 

 You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that SitterBank is not responsible for any loss or damage of any sort you may incur from dealing with a third party.  All users hereby agree to hold SitterBank harmless from any liability that may result from the use of links that may appear on the Site.

1. Payment

1. Overview of Payment Services. SitterBank may offer access to a third-party-service that provides Users with the ability to process payments for their services through the Service (“Payment Service”).  Shopify (Recharge, Stripe) is the third-party provider of these Payment Services. By using the Payment Service to process payment for your services, you agree that you have reviewed and agree to the terms and conditions of using the Payment Service. The Payment Service is provided as a conduit for payments between Users. SitterBank exercises no management or oversight function in connection with the Payment Service provider. 

1. Responsibility of Users.  At no time is SitterBank responsible for payment to Users for services rendered.  You understand that Users are responsible for all payments, any applicable tax, withholding or reporting, including, but not limited to, any applicable unemployment insurance, social security or payroll withholding tax or income reporting in connection with any payments made using the Payment Service.  You understand and agree that if SitterBank is found to be liable for any tax, withholding tax or reporting obligation in connection with any payments made through the Payment Service, then you will immediately reimburse and indemnify SitterBank for all costs, expenses and liabilities including any interest and penalties related to the same.

1. Accepting Online Payments.  Sitters must accept online payments from Parents.  Upon registration with SitterBank, or at such other time or times as determined by SitterBank, the Sitter must confirm that the deposit account information is accurate and is always up to date, to ensure proper payment.  At no point is SitterBank responsible for the payment to the Sitter.

1. Payment Authorization. If a Parent requests the services of a Sitter (“Event”) and the Event is accepted by the Sitter, the Event is confirmed and upon the completion of the Event Parent is responsible for paying the amount of the Event and additional gratuity, if any, directly to the Sitter.  

1. Release of Liability

Release. The Services merely offer tools, resources and a venue to connect Users.  You understand and agree that SitterBank: (i) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (ii) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties; (iii) makes no representations or warranties about the quality of the Services provided by any User or about your interactions or dealing with other Users.

You also agree to release SitterBank from any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to SitterBank’s own negligence, including, without limitation, any negligence relating to: (v) any inaccuracy, untimeliness or incompleteness of User’s Eligibility Conditions; (vi) any misstatements or misrepresentations made by any users; (vii) SitterBank Materials and any other information or materials obtained through use of the service; (viii) Third-Party Services and content; and  (ix) User Content. 

Disclaimer. SITTERBANK EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE SITTERBANK FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SERVICES OR YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ONLINE OR OFFLINE.  BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND THE CONNECTIONS YOU MAKE AND THAT ALL USE OF THE SERIVCE IS AT YOUR SOLE AND EXCLUSIVE RISK.

Limitation of Liability. IN NO EVENT SHALL SITTERBANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE; INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANCES, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, EVEN IF SITTERBANK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF SITTERBANK TO YOU WILL NOT EXCEED THE GREATER OF: (i) $500, or (ii) THE TOTAL AMOUNTS PAID BY YOU OR PAID TO YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.  YOU AGREE THAT IF SITTERBANK WERE TO HAVE ANY LIABILITY GREATER THAN THE AMOUNTS LISTED ABOVE IN THESE TERMS, SITTERBANK’S RISK OF LIABILITY WOULD BE TOO GREAT TO PROVIDE THE SERVICES,  AND YOU’VE SELECTED THESE SERVICES WITH A COMPLETE UNDERSTANDING OF THE LIMITATIONS TO SITTERBANK’S LIABILITY.

Assumption of Risk. You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.

No Warranty. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND SITTERBANK MATERIALS ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. SITTERBANK DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: 

THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;

 THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE;

THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE;

THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; AND/OR 

THE USE OF ANCILLARY SUPPORT SERVICES. SITTERBANK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. 

SITTERBANK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. SITTERBANK HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE SITTERBANK FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR SITTERBANK MATERIAL.

Indemnification. You agree to defend, indemnify and hold harmless SitterBank, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site, Services and Materials, including but not limited to:  ACTS AND/OR OMISSIONS ONLINE AND OFFLINE; BREACH OF THESE TERMS; DISPUTES WITH OR BETWEEN OTHER USERS; USE AND/OR MISUSE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE SERVICE;  VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; MISSTATEMENTS AND/OR MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR AGE AND YOUR OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; USE OF THIRD-PARTY SERVICES AND CONTENT; USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTENT; USE OF THE PAYMENT SERVICE; CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE OR ANY CONNECTIONS MADE THROUGH THE SERVICE; AND/OR USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SERVICE.

1. General Provisions

1. Mediation/Arbitration.  If a dispute arises out of or relates to this Agreement, or the breach hereof, and if such dispute cannot be settled through negotiation, you agree, before resorting to arbitration or some other dispute resolution procedure, to first try in good faith to settle the dispute by mediation in Charleston, South Carolina under the Commercial Mediation Rules of the American Arbitration Association. In the event such mediation does not result in a suitable resolution of such dispute, then any controversy, claim or cause of action arising out of or relating to these Terms shall be settled by arbitration in Charleston, South Carolina in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in Charleston, South Carolina.

 

1. Prohibition of Class.  You and SitterBank agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.  

1. Governing Law. This Agreement, and any dispute between you and SitterBank, shall be interpreted under the laws of the State of South Carolina, without regard to principles of conflicts of law. Any and all disputes and legal actions related to this Agreement shall take place in the appropriate forum and venue in South Carolina.

1. Independent Party.  This Agreement is not intended to and does not create a joint venture, partnership or other formal business organization of any kind. Neither Party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in a separate writing by the party to be bound.

1. Acceptance.  The parties acknowledge that they have read the terms and conditions of this Agreement and hereby agree to be bound by them. This Agreement is accepted by and effective upon Customers use of the Services.  

1. Force Majeure.  SitterBank shall not be liable for any delay or failure in performance of Services resulting from acts beyond its control, including, but not limited to acts of God, acts of war, fire, flood, or other disaster, acts of government, communication line or power failures.

1. Complete Agreement. This Agreement contains the complete and exclusive statement of the Agreement between you and SitterBank with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, proposals, negotiations, representations or warranties of any kind, whether oral or written.

1. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from the Agreement and the other provisions shall remain in full force and effect.

1. Contact. SitterBank may be contacted at:

Email address: info@sitterbank.com

By mail: Yorktown Enterprises, LLC (Sitterbank)

PO Box 1663

  Mt. Pleasant, SC 29465