SittersSearch.com ("SittersSearch ") welcomes you.
SittersSearch provides its service to you subject to the
following User Agreement ("Agreement "), which may be updated by
us from time to time without notice to you. This Agreement is between
you and SittersSearch, Inc. By using SittersSearch, you consent to this
Agreement and any new version of it posted since your last visit.
If the Agreement is not acceptable, then you should not use
SittersSearch.
If you register an account, you represent that you are at least
18 years old or 13 years old and accompanied by the parent or guardian while registering
and that, to the best of your knowledge and belief,
your registration information is truthful, accurate and complete.
A name and password will be chosen by you. You are responsible for
maintaining the confidentiality of the password and account and are
fully responsible for all activities that occur under your password
or account. You agree to immediately notify us if you believe your
account is being accessed by others. Each user must register separately.
You may not loan your user name and password to others.
You may not use another person's account without their authorization.
You may not put contact information in any public text fields of
your account, unless specifically instructed to do so by the
SittersSearch.
Parents may seek the services of a SittersSearch through the use of
our site and babysitters may list their profiles on this site.
Parents and babysitters must deal directly with each other to
resolve any disputes. SittersSearch.com will not be held responsible
and expressly disclaims any liability whatsoever for any claims and
controversies that may arise for any disputes between any users of
this site. By using this site, you do hereby represent, understand,
and expressly agree to hold SittersSearch.com harmless for any
claim or controversy that may arise from any disputes between
users of the site.
SittersSearch.com is a communications platform for enabling the
connection between families and babysitters. SittersSearch.com
does not take part in the interaction between families and
babysitters except to collect payments on the behalf of families and
babysitters for services through the Site. SittersSearch.com does
not have control over the quality, timing or legality of services
actually delivered by babysitters and parents. SittersSearch.com
makes no representations about the suitability, reliability,
timeliness, and accuracy of the childcare provided by babysitters
through the Site whether in public, private or offline interactions.
Due to the nature of the Internet, SittersSearch.com cannot confirm
that each babysitter or family is who they claim to be.
SittersSearch.com does not assume any responsibility for the
accuracy or reliability of this information or any information
on this Site. SittersSearch.com does not assume and expressly
disclaims any liability that may result from the use of this
information.
Because SittersSearch.com is not involved in the actual contact between Users,
in the event that you have a dispute with one or more Users, you release SittersSearch.com
officers, directors, employees, agents and third parties from claims, demands or damages
(actual or consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with such
disputes.
Our Proprietary Rights. Our site may contain an assortment of information, data, software,
images, video clips, music, links, logos and other material ("Content") that are the
copyright, trademark or other intellectual property of the owners of SittersSearch or
third party suppliers. The Content in SittersSearch is copyrighted individually and as
a collective work. All rights are reserved. The name “SittersSearch.com” and other names
appearing herein are the trademarks or registered trademarks of SittersSearch or the
respective third party owners. You will ensure that all copyright, trademark or other
proprietary rights notices appearing on any Content remain intact and legible.
Any licenses granted by this Agreement are non-exclusive.>br>
Linking to Our Site. You may not display our Content within a frame or border,
or "deep link" or harvest Content located below our top-most URL. You will not
link to SittersSearch or Content in a manner that suggests an endorsement or
affiliation between our sites. You will remove any link to SittersSearch
that we find objectionable promptly upon request.
Reservation of Rights. All content, communications, software applications, digital products,
updates and features of SittersSearch are copyrighted by SittersSearch, its owners, suppliers
or other third parties. We reserve all rights not specifically granted to you.
This means permission to use SittersSearch and related intellectual property rights will
be narrowly interpreted by a court in our favor. Except as specifically authorized in
this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative
works of, transmit, disseminate, publicly display or perform any material from
SittersSearch or otherwise use any such material in any manner for any public or
commercial purpose. Your use of SittersSearch is limited to use for the following
lawful purposes: (i) domestic personnel and prospective domestic personnel seeking
employment and/or career information for their own direct personal use and (ii)
employers seeking to employ one or more domestic personnel for their own direct
personal use. You may not reverse engineer SittersSearch or any software obtained
from it to discover its underlying design or inner workings (and you will hold in
confidence for our benefit alone anything discovered in violation of this provision).
If you infringe our intellectual property rights or exceed the scope of permitted
use of this Agreement, you agree that we will be irreparably injured and may obtain
a court order without necessity of posting bond to enjoin you from further mischief.
Commercial Use Prohibited. Except as specifically authorized in this Agreement,
you may not store, copy, reproduce, adapt, reformat, create derivative works of,
transmit, disseminate, publicly display or perform any material from SittersSearch
or otherwise use any such material in any manner for any public or commercial purpose.
Your Public Messages. SittersSearch may include certain interactive features that allow users to post, transmit and receive messages or content to discussion forums, newsgroups, chat areas, calendars or other online channels ("Communications"). We do not prescreen or editorially control Communications on SittersSearch. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to SittersSearch or to any person.
Permission to Publish. SittersSearch does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant SittersSearch (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through SittersSearch and to make such incidental and additional uses as may be needed to operate SittersSearch and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on SittersSearch generally, including your own Communications.
Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of SittersSearch. You will not attempt to violate or violate SittersSearch’s security, including, without limitation: (i) forging any TCP/IP packet header or any part of the header information of any email or other communication, (ii) gaining access to data not intended for such user or logging into a server or account which the user is not authorized to access, (iii) attempting to scan, test or probe the vulnerability of SittersSearch’s systems or networks, and (iv) deleting or revising any material posted by any other person or entity. You will not use SittersSearch to violate any applicable law, including, without limitation, U.S. or foreign securities laws or regulations. In order to protect itself, SittersSearch may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of SittersSearch or to use a competitor's service.
Anti-Spam Restriction. You will not use SittersSearch to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by SittersSearch. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of $3 per individual recipient of spam messages transmitted under your account if you knowingly cause spam to be sent.
Some features of SittersSearch may require the payment of fees. SettersSearch does
not collect your credit card information to process this payment but utilizes services
of PayPal.
No Refund of Membership Fees. There are no refunds of fees charged for membership
since registrants have immediate access to candidate contact information.
Content, goods or services may be offered by third parties through hotlinks or advertisements contained on SittersSearch or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
Fee Schedule. Browsing SittersSearch’s candidate profile listings and employment opportunities listings, without accessing any contact information is free. We reserve the right to impose new or different fees by posting a new Fee Schedule. New Fee Schedules are effective on the date posted, or such other effective date identified in the Fee Schedule.
No Endorsement. We do not review or endorse the truth, accuracy, reliability, integrity or quality of any information posted in the Matching Service, or any services exchanged as a result of such activities. We do not screen prospective candidates or prospective employers. We urge you to perform your own screening and investigation of any persons with whom you come into contact with through SittersSearch. We may provide you access to third party background checking services. WE DO NOT WARRANT THE ACCURACY OF THESE SERVICES AND WE CAUTION YOU THAT SUCH BACKGROUND CHECKING SERVICES MAY NOT BE COMPLETE OR ACCURATE AND THEREFORE SHOULD BE USED ONLY AS PART OF AN OVERALL INVESTIGATION OF ANY CANDIDATE OR PROSPECTIVE EMPLOYER.
We offer secure web pages to collect certain kinds of information from. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by SittersSearch reduce the likelihood of security problems to a level appropriate to the type of data involved.
The link to our Privacy Policy for this Site is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms. Third parties providing goods or services to you (including, without limitation, those advertising or providing links on SittersSearch) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details.
As the product provided by SittersSearch is an online service, no product will be delivered or shipped. All services are obtained on line through the use of this site.
Warranty Disclaimer. Warranty Disclaimer. SittersSearch (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. SittersSearch IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH SittersSearch. SittersSearch IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
No Professional Relationship. SittersSearch DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE, INCLUDING, WITHOUT LIMITATION, LEGAL, MEDICAL, ACCOUNTING, FINANCIAL OR OTHER PROFESSIONAL CALLING. SittersSearch DOES NOT PROVIDE FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES, SECURITY BROKERAGE SERVICES, HOME LENDING OR MORTGAGE SERVICES. NOTHING IN SittersSearch ESTABLISHES A PROFESSIONAL OR FIDUCIARY RELATIONSHIP WITH YOU. ALL INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS.
Limitation of Liability. YOU AGREE SittersSearch IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS SittersSearch LIABLE WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold harmless SittersSearch and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including, without limitation, legal and professional fees) asserted by any third party and arising from your use of SittersSearch, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.
Limitation of Remedies. You agree that if SittersSearch breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with SittersSearch. This applies regardless of whether the remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT SittersSearch, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
SittersSearch is not responsible for any delay or failure in performance of SittersSearch in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that SittersSearch operates solely in Union County, New Jersey (our "Locality"). You are using the Internet as your own agent to access and use SittersSearch from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of SittersSearch occur solely in our Locality. SittersSearch does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF NEW JERSEY (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN NEW JERSEY AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including, without limitation, reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through SittersSearch that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. SittersSearch is not responsible for any employment decision made by any user of SittersSearch. SittersSearch is not a party to any transaction between you and any third party advertisers or suppliers or other Service users. You will look solely to the third party for all claims regarding their goods, services or information.
SittersSearch may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets SittersSearch's automated criteria or which is believed by SittersSearch's personnel to be genuine. For any password protected areas, SittersSearch may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. SittersSearch may assume the latest email addresses and registration information on file with SittersSearch are accurate and current. When programmed to do so, SittersSearch may take prescribed actions in the absence of receiving proper and complete contrary instructions.
We reserve the right to modify, change or discontinue SittersSearch or any feature at any time without notice. You agree that SittersSearch is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that SittersSearch can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.
Some areas of SittersSearch.com are subject to additional terms of use. By making any use of such areas, you agree to be bound by such additional terms of use.
Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of SittersSearch, or any feature of SittersSearch, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from SittersSearch, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on SittersSearch. Your continued use of SittersSearch after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including, without limitation, a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
POLICY REGARDING TERMINATION OF USERS AND ACCOUNT HOLDERS WHO REPEATEDLY INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes copyright infringement. As a condition to your use of SittersSearch, you agree not to use SittersSearch to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to SittersSearch of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.