Effective and last revised May 4, 2018
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT
TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1, ET SEQ. AND SECTION 15-48-10, ET SEQ. OF THE SOUTH CAROLINA CODE, AS AMENDED
CONSENT TO RECEIVE ELECTRONIC RECORDS AND CONTRACT ELECTRONICALLY. As part of a User’s use of the Services, SitterBank may need to send you information “in writing” – which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, through the App and Website. We also need your general consent to use electronic records and signatures in SitterBank’s relationship with each User. So, before using the Service, a User must review and consent to the terms outlined below.
In SitterBank’s sole discretion, the communications we provide to Users, or that Users sign or agree to at our request, may be in electronic form (“Electronic Records”). SitterBank may also use electronic signatures and obtain them from Users as part of the Service. Electronic Records may be delivered in a variety of ways. These various delivery methods are described in these Terms and in other agreements we may have with each User from time to time. In some cases, a User may be able to choose whether to receive certain communications from SitterBank electronically, via Text, or both. SitterBank will provide Users with instructions on how to make those choices when they are available. We may always, in our sole discretion, provide a User with any communication in writing, even if a User has chosen to receive it electronically.
By using the App or Website, a User consents to the use of electronic communications. This consent covers all Communications relating to any SitterBank Service. A User’s consent remains in effect until the User gives us notice that the consent is withdrawn.
From time to time, SitterBank may add additional functionality to the App or Website or a User may be offered additional Services. When a User uses these Services, we may send a reminder that each User has already given us consent to use Electronic Records and signatures. If a User decides not to use Electronic Records and signatures in connection with the new product or service, the User’s decision does not mean that the User has withdrawn this consent for any other Services. A User may withdraw the consent to use Electronic Records at any time, however, the User must discontinue the use of any SitterBank Services, the App, and the Website. SitterBank must have a reasonable period of time to act on such withdrawal of consent and the withdrawal of consent by deleting the App and ceasing use of the Website will not affect any Events or transactions that are already in process.
You must keep your email address current with SitterBank and promptly notify us of any changes in your email address by updating the information in the App or on the Website. If you have given us another type of electronic address, such as an electronic address or mobile phone number for SMS text messages, you may change that address through the App or on the Website. To receive Electronic Records, you must have a current version of an internet browser, such as Microsoft’s Internet Explorer, Google Chrome, or Apple Safari. You may also access the App using an Android or Apple device. You must have a connection to the internet. If you wish to print out and retain Electronic Records on paper, you must have access to a printer. If you wish to retain the Electronic Records electronically, you must have access to an electronic storage device. You must have an active email address that is enrolled with SitterBank. The Electronic Records retained by SitterBank will be deemed the authoritative copy of any such documents.
When you authorize payments using the Service, you will provide your consent electronically to SitterBank and its payment processor, Stripe, Inc. You agree that Stripe, Inc., through the Services, may display an electronic receipt for any such payments or transactions.
You must agree to the use of Electronic Records and contracts to use the SitterBank Services.
CONSENT TO RECEIVE TEXT MESSAGE AND AUTOMATICALLY TELEPHONE CALLS. By using the App or Website, you expressly authorize SitterBank (and any party acting on behalf of SitterBank) to contact you via text message at the mobile number(s) you have provided to SitterBank through the Website or App. You agree that SitterBank (and any party acting on behalf of SitterBank) may use automatic telephone dialing systems to send text messages or make calls to any number you have provided to SitterBank. You agree that you own or are authorized to provide any numbers you provide to SitterBank. Carrier data and message rates may apply.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SERVICES.
I. 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 Service:
a. You are at least eighteen (18) years old;
b. You comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services;
c. 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;
d. Neither you, nor anyone in your home or, as applicable, the location where care services are provided or received:
i. 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;
ii. 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
iii. Has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and
e. Neither you, nor anyone in your home or, as applicable, the location where care 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.
f. You are accessing and using the Service only in the United States
II. 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.
III. 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 Service 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.
II. 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.
3. Intellectual Property
I. 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 Service is licensed, not sold. You agree not to use the Service 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 Service 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 Service 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 Service to other potential end users; or (viii) use the Service other than for its intended purpose, including for any competitive purpose.
Any use of the Service 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.
III. 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.
IV. 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 Service 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.
V. 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.
VI. 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 Service in a way that constitutes copyright infringement, please provide to SitterBank the information listed below at the following address:
a. 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;
b. 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 Service where the infringing material is located. Include enough information to allow SitterBank to locate the material;
c. Your address, telephone number, and email address;
d. A statement by you that you have a good faith belief that the disputed use it not authorized by the copyright or intellectual property owner, its agent, or the law; and
e. 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.
4. User Accountability
I. Permitted Uses.
a. 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 is 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.
b. 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 Service; or violate any provision of this Agreement including, but not limited to section 3. Intellectual Property and 4. User Accountability.
II. 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 Service:
a. Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
b. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
c. Use the Service 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;
d. 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;
e. 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 the Service, any device, computer system or network;
f. Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
g. Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
h. Harvest or otherwise collect information about Users without their consent;
i. Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
j. Impersonate another person or allow any other person or entity to use your user name, password or membership;
k. Use any stolen credit card or banking information to use the Service,
l. Post the same content repeatedly or spam – spamming is strictly prohibited;
m. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
n. Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
o. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
p. Restrict or inhibit any other User from using and enjoying the Service.
III. User Responsibility. You agree to use the Service in a manner that is 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 Service that allows interaction or dissemination of information.
I. 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 Service by Users who do not meet the Eligibility Conditions.
II. 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, and 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.
III. 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.
IV. 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.
I. 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.
II. 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.
III. 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 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.
I. 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”). Stripe, Inc. 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 by Stripe, Inc. as a conduit for payments between Users. SitterBank exercises no management or oversight function in connection with the Payment Service provider. All payments will be processed by the Payment Service directly between the Users and SitterBank will have no ownership or control of funds paid to other Users. SitterBank will assess a fee for using its Services for a Parent to pay a Sitter. This amount will be billed separately by Stripe, Inc. to the Parent. Sitters are not employees or agents of SitterBank and all arrangements for sitting or childcare services are to be handled directly between Sitter and Parent. SitterBank will not be responsible for improperly applied payments and Parent and Sitter are encouraged to contact Stripe, Inc. with questions regarding any payments.
II. 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.
III. Accepting Online Payments. To use the SitterBank Service, Sitters must accept online payments from Parents through the Payment Service. Upon registration with SitterBank, or at such other time or times as determined by SitterBank, the Sitter must confirm with Stripe, Inc. that the deposit account information is accurate and is always up to date, to ensure proper payment. Any changes to the deposit account linked to your SitterBank Services should be updated any time your deposit account changes. All sitting and childcare arrangements should be made directly between the Users and at no point is SitterBank responsible for the payment to the Sitter or caregiver.
IV. Payment Authorization. If a Parent request the services of a Sitter (“Event”) and the Event is accepted by the Sitter or caregiver, the Event is confirmed and upon that confirmation the Parent authorizes Stripe, Inc. to charge the Parent’s enrolled payment card for: (i) the amount of the Event, (ii) any additional gratuity, and (iii) the SitterBank Service Fee. These amounts will be charged upon completion of the Event. When you authorize a payment through the Service, you will authorize Stripe, Inc. to charge your credit or debit card for the amounts shown in the App or on the Website. You authorize SitterBank and Stripe, Inc. to save credit or debit card information to files for future transactions through the Service.
Following the Event, SitterBank will ask that Sitters and Parents report the actual length of the Event. First, Sitters will be asked to confirm the length of the Event. Sitters will have 24 hours to respond with the actual length of the Event; if no response is received from the Sitter, the actual length of the Event will be considered reported by the Sitter as the scheduled length of the Event.
Following the Sitters report, SitterBank will send a request, (“Confirmation of Event”) to the Parent to confirm the length of the Event reported by the Sitter. Upon Parent’s confirmation of the Event length, Parent’s payment card will be charged by Stripe Inc. for the confirmed Event amount, additional gratuity, if any, and the Service Fee. Parents who do not respond to SitterBank within 24 hours of the confirmation of Event will be deemed to have confirmed the Event length as stated by the Sitter, and Parent’s payment card will be charged the Event amount and the Service Fee.
If there is a disagreement in the hours reported by the Sitter and the Parent, and the disagreement is raised within 24 hours of the Confirmation of Event, the Parent’s payment card will not be charged until expressly authorized by the Parent. If a disagreement is timely raised in accordance with this Agreement, Stripe, Inc. will not process any payments through the Payment Service that are in dispute until SitterBank has received written authorization or online confirmation from the Parent authorizing such payment.
V. Payment Service Fee. SitterBank charges Parents a fee (“Service Fee”) for use of the Payment Service. The Service Fee is added to the authorized Event along with any gratuity authorized by the Parent, when payment is authorized by Parent. SitterBank reserves the right to modify the Service Fee at any time.
8. Referral Program
I. Overview of Referral Program. The SitterBank Referral Program allows Users to earn monies for referring Parents to the Service and completing a Qualified Event, as defined below (“Referral Credit(s)”). Users must be registered with SitterBank as either a Parent or Sitter to be eligible to participate in the Referral Program and have their banking information submitted to Stripe in order to earn credit(s) or monies. Referral Credit will only be given to eligible Parents and/or Sitters when a new Parent User they refer signs up to use the Service (“New User”) and the new Parent User completes a qualifying event. Any current or previous Users of the Services will not be considered New Users for the purposes of determining Referral Credits. All Referral Credits will be debited to the respective Users SitterBank account and can be redeemed according to the respective provisions found in this section depending on the type of User (Parent or Sitter).
II. Qualified Event. A Qualified Event is defined as a Parent requesting an Event and the Sitter successfully completing the services requested, and the payment being rendered from Parent to Sitter via the SitterBank Service.
9. Release of Liability
I. Release. The Service merely offers 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 provide by any User or about your interactions or dealing with other Users; and (iv) DOES NOT SCREEN USERS OR CONDUCT ANY KIND OF IDENTITY OR BACKGROUND CHECKS.
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.
II. 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.
III. 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.
IV. 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.
V. 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:
a. THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
b. THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE;
c. THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE;
d. 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
e. 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.
VI. 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.
10. General Provisions
I. Mediation/Arbitration. If a dispute arises out of or relates to (i) this Agreement, (ii) the breach of this Agreement, (iii) the abitrability of any claim, (iv) the execution of this Agreement, or (v) the Services provided by SitterBank, 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 binding 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 or any other jurisdiction have personal jurisdiction over a party to the arbitration.
II. 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.
III. 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. In the event the prior, mandatory arbitration shall be deemed invalid, any and all disputes and legal actions related to this Agreement, SitterBank, or the Service shall be heard exclusively, and to the exclusion of others, in a forum and venue in Charleston, South Carolina. By using the Service, you agree that Charleston, South Carolina is the most convenient forum for the resolution of any such disputes and waive any defenses of improper venue, lack of personal jurisdiction, or inconvenient forum.
IV. 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.
V. 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.
VI. 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.
VII. 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.
VIII. 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.
IX. Contact. SitterBank may be contacted at:
Email address: email@example.com
By mail: 1505 King Street Extension, Suite 200
Charleston, SC 29405