TERMS AND CONDITIONS OF USE
SITTERECO WEBSITE AND APPLICATION
Sittereco LLC (“Sittereco”) provides an online service that connects individuals in need of sitting services (“Buyers”) with individuals that wish to provide sitting services (“Providers”). Buyers and Providers are collectively referred to herein as “Users.” Whether you are a Buyer, Provider, or both, these Terms and Conditions of Use (the “Agreement”) govern your use of the www.sittereco.com website (the “Site”) and the Sittereco software application and associated API (the “App”). This Agreement identifies the terms, conditions, and the general principles applicable to your access and use of the Site and App. We encourage you to read this Agreement carefully.
1. Sittereco’s Services.
a. Provision of Communications and Networking. You agree and acknowledge that Sittereco does not provide sitting services to Buyers and Sittereco does not locate or guarantee clients for Providers. Sittereco solely provides communication, networking, and database services for Buyers to share names and make recommendations of Providers, and to provide a platform for Providers to connect with potential Buyers. You acknowledge that Providers are not employed by Sittereco nor are Providers engaged as independent contractors.
b. Independent Transactions. By using the Site or App you acknowledge that all transactions are solely between a Buyer and Provider and that Sittereco is not a party to any transaction between Users. You further acknowledge that Buyers and Providers are solely responsible for negotiating payment rates, procuring payment, and scheduling sitting times. You acknowledge that Sittereco is not responsible for cancellations, no-shows, rescheduling, ensuring payment, or any other aspect of the actual provision of sitting services.
2. Waiver, Release, and Indemnification
a. By using the Site or App, you agree and acknowledge that your use of the Site, the App, and Sittereco’s network and database services is voluntary and that you assume any and all liability and responsibility for any and all potential risks that may be associated with engaging a third-party Provider to provide sitting services for you and/or your children, or any other individual in your care.
b. By using the Site or App, you acknowledge that any and all recommendations, opinions, thoughts, or comments related to any Buyer or Provider reflects solely that User’s independent judgment and does not in any way reflect, express, or contain the opinions, thoughts, and/or recommendations of Sittereco. You acknowledge and understand that Sittereco makes no representations regarding the fitness or soundness of Providers identified in the App.
c. By using the Site or App you acknowledge that Sittereco is not responsible for the actions or inactions of any Provider or Buyer that you choose to engage to provide or purchase sitting services. You acknowledge that Sittereco has not trained or certified any Providers, Sittereco has not conducted any form of background check on any Users, and Sittereco is not responsible for ensuring that Buyers provide payment to Providers for services rendered.
d. By using the Site or App, you acknowledge and agree that, on behalf of yourself and your heirs, personal representatives, agents, and assigns, you hereby release, waive, and discharge Sittereco, its directors, officers, employees, volunteers, and agents from liability for any and all claims arising from my engagement of Sittereco, including, without limitation, negligence, battery, assault, infliction of emotional distress, defamation, personal injury, property damage, theft, strict liability, or breach of contract or warranty that may arise from any accidents, illnesses, wrongful death, or injuries that may arise from your use of the Site or App and any engagement of a Provider or Buyer identified in Sittereco’s App or Site (the “Released Claims”)
e. You further agree that you will not initiate any litigation to pursue any of the Released Claims on your behalf or on behalf of anyone else who benefitted from the sitting services of a Provider retained by you from Sittereco’s App.
f. You agree to indemnify and hold harmless and defend Sittereco, its affiliates, shareholders, directors, employees, successors, assigns, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorney’s fees, asserted by any person arising out of or related to your use of the Site or App, and any violation or breach of this Agreement.
3. Representations of Users
a. You agree to only contribute comments, opinions, thoughts, and recommendations regarding Users that are truthful, based on first-hand knowledge, and relevant to the provision or purchase of sitting services.
b. You warrant and represent that any statements you make regarding your qualifications, experience, abilities, and background are truthful and not misleading.
c. You agree that you will include only truthful information in your account profile.
d. You warrant and represent that you are at least 18 years of age or older.
e. Users agree that if a Buyer first contacts a Provider through the App, the Buyer and Provider agree to engage each other for all future provision of sitting services solely through the App.
4. Access Terms
a. Sittereco grants you a limited non-exclusive revocable right to access and use the Site, provided you do not modify, alter or download any portion of it, other than to the extent necessary for your browser and/or device to access, display, and cache the contents of the Site. For a limited time only, Sittereco will provide you with access to the App free of charge. You acknowledge and agree that Sittereco may at any time and in its sole discretion, condition use of the App upon purchase of a subscription or membership. Sittereco agrees to provide notice to the e-mail address associated with the account prior to imposing a payment requirement. The permission granted to you to use the Site or App shall terminate automatically if you breach any provision of this Agreement. Sittereco may revoke your license and permission to use the Site or App at any time and for any reason.
b. You agree that:
i. Except for the intended purpose of the Site and App, namely, to offer or obtain sitting services through the App or Site, you may not make any use or exploit the Site or App or its contents, descriptions, materials, or information for commercial purposes
ii. You will not download or copy any service information for the benefit of any merchant, or use any data mining, robots, or similar data gathering and extraction tools;
iii. You will not reproduce, duplicate, copy, display, sell, resell, or otherwise exploit this Site, the App, or its contents, descriptions, materials, source code, or information for any commercial purpose without the express written consent of Sittereco;
iv. You will not upload, post, or transmit any content for the purposes of commercial solicitation or political campaigning, or any content that is harmful, threatening, abusive, harassing, vulgar, obscene, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of Sittereco;
v. You will not impersonate a third-party including an employee of Sittereco;
vi. You will not intentionally or unintentionally violate any local, state, or federal law;
vii. You will not interfere with the operation of Sittereco servers or other computers or internet or network connections including, but not limited to, disrupting or attempting to gain unauthorized access to other accounts that use the Site, App, or any other computer network;
viii. You will not upload, post, or transmit any information, pictures, graphics, or other content that violates the copyright, patent, trademark, or trade secret rights of another party;
ix. You will not upload, post, or transmit any unsolicited or unauthorized advertising, including spam;
x. You will not interfere with the ability of others to access the Site or App, including, but not limited to, altering, damaging, or deleting any content or communication that is not your own; and
xi. You will not engage in any other activity deemed by Sittereco, in Sittereco’s sole discretion, to be in conflict with the spirit or intent of this Agreement.
c. Intellectual Property. You acknowledge that the SITTERECO trademark and the contents of the Site and App are the sole and exclusive property of Sittereco and are protected by applicable trademark and copyright laws, including, but not limited to, text, graphics, images, photographs, source code, object code, software, videos, designs and other content. You may not use or republish the copyrighted content except as expressly permitted by Sittereco and you may not use the SITTERECO mark without the express permission of Sittereco. This section does not prevent Users from using the SITTERECO mark to refer to, link to, or advertise their Sittereco profile.
d. User Content. By submitting or uploading any images or text to the Site, in the App, or to Sittereco, you hereby grant Sittereco a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the any submitted or uploaded images or text in connection with the Site and App. You further acknowledge that any content that you submit or upload to the Site or App does not violate the trademark, copyright, or other intellectual property rights of any third-party.
e. Use of Information in Marketing Material. By using the App, Site, or otherwise creating a profile with Sittereco, you hereby provide a license to Sittereco to use your name, likeness, profile image, and other profile information for use in marketing materials related to the Site or App including, but not limited to, internet advertisements, social media, printed marketing materials, or other similar promotional material.
f. Featured Profiles. From time to time, Sittereco may choose certain Users to be featured as popular Providers or Buyers. By using the App or Site, you grant Sittereco a license to use your name, likeness, profile image, and other profile information to be displayed and promoted as a featured profile in the App, on the Site, in social media, other web sites, e-mails, digital newsletters, and other advertising or promotional material. Prior to publishing your profile as a “featured profile,” Sittereco will contact you to inform you of your selection.
g. Security. You shall be solely responsible for any authorized or unauthorized use of your username, password, and access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site or App with your password. If you use the Site or App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Sittereco and its affiliates, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
h. Accessibility. You agree that from time to time the Site or App may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures, updates, or repairs which Sittereco may undertake from time to time; or (iii) causes beyond the control of Sittereco or which are not reasonably foreseeable.
5. Digital Millennium Copyright Act
a. Sittereco respects the intellectual property rights of others and it is Sittereco’s policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to Sittereco’s Designated Agent at email@example.com.
b. To be effective, a notice must contain the following information:
i. A signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner.
ii. A description of the copyrighted work that you claim has been infringed.
iii. A description of the material that you claim is infringing or that you claim is the subject of the infringing activity and is to be removed or have access to same disabled, and information sufficient to permit Sittereco administrators to locate the material.
iv. Information sufficient for us to contact you, such as address, telephone number and e-mail address
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
c. If you believe any content or materials posted or uploaded by you were improperly removed or disabled, you may submit a Counter-Notification to Sittereco’s Designated Agent at firstname.lastname@example.org with the following information:
i. Your signature (physical or electronic).
ii. A description of the copyrighted work that you claim has been infringed.
iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
6. General Terms
a. If any part of this Agreement is held invalid, the remaining parts of this Agreement shall continue in full force and effect.
b. You acknowledge that you have carefully read this Agreement and fully understand and agree to its terms and conditions. By using the Site, the App, or creating an account with Sittereco, you further acknowledge that:
i. For Buyers, you are at least 18 years old and are a parent or guardian of a minor child that is seeking sitting or child care services and that you are not using Sittereco’s services for any other reason; and
ii. For Providers, you are at least 18 years old and wish to provide sitting services for Buyers and that you are not using Sittereco’s services for any other reason.