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THE FOLLOWING DESCRIBES THE TERMS ON WHICH BABYSITTERS.COM OFFERS YOU ACCESS TO OUR SERVICES.
ACCEPTANCE OF TERMS THROUGH USE
This agreement contains all of the terms and conditions ("Terms") between Care Connections, LLC ("BabySitters.com") and you ("User") and governs the use of the services offered at the BabySitters.com Web Site ("Site"). You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of BabySitters.com. Use of the Site constitutes an agreement to these Terms. By using this Site, all Users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. We reserve the right, at our discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
USE OF INFORMATION AND SERVICES
BabySitters.com is a communications platform for enabling the connection between Parents seeking babysitters ("Parents") and Babysitters seeking to provide childcare services ("Babysitters"). The Babysitters listed on the Site are listings only and are not recommendations or referrals. The information provided by BabySitters.com is believed to have come from reliable sources, including the individuals and facilities themselves or those sources open to the public. Users do hereby represent, understand and expressly agree that BabySitters.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Babysitters, nor of the integrity, responsibility or any of the actions whatsoever of the Parents, Babysitters, and any other User of the Site. All Users, including both Parents and Babysitters, do hereby expressly agree not to hold BabySitters.com, its officers, directors, employees, agents and third parties liable for any instruction, advice or services delivered which originated through the Site and BabySitters.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
TRANSACTIONS
Parents may seek the services of a Babysitter through the use of the Site and Babysitters may submit information about their services to list on the Site. Parent and Babysitter must deal directly with each other to resolve any disputes. BabySitters.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. By using this Site, you do hereby represent, understand, and expressly agree to hold BabySitters.com harmless for any claim or controversy that may arise from any disputes between Users of the Site.
BABYSITTERS.COM IS ONLY A VENUE
BabySitters.com is a communications platform for enabling the connection between Parents and Babysitters. BabySitters.com does not take part in the interaction between Parents and Babysitters except to collect payments on the behalf of Parents and Babysitters for venue services through the Site. BabySitters.com does not have control over the quality, timing or legality of services actually delivered by its Babysitters and Parents. BabySitters.com makes no representations about the suitability, reliability, timeliness, and accuracy of the childcare provided by Babysitters or Parents through the Site whether in public, private or offline interactions. Due to the nature of the Internet, BabySitters.com cannot confirm that each Babysitter or Parent is who they claim to be. BabySitters.com does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. BabySitters.com does not assume and expressly disclaims any liability that may result from the use of this information.
RELEASE
Because BabySitters.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 BabySitters.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.
THIRD PARTY VERIFICATION SERVICE
BabySitters.com may make to Users a third-party verification service. Users of the site may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that BabySitters.com is a conduit for the third-party verification service and does not monitor and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service.
FAIR CREDIT REPORTING ACT
If you decide to use or access information provided by a third-party verification service offered through the Site, you warrant that you will comply with the Fair Credit Reporting Act ("FCRA"), which can be found at http://www.ftc.gov/os/statutes/fcradoc.pdf. BabySitters.com is merely a conduit for the information returned from a Verification Service, and in no way participates in, nor has control of, the use of that information. BabySitters.com does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
BILLING AND PAYMENT POLICY
Users are obligated to pay for the service of the Site, unless specifically notified otherwise. Members that sign up will pay a subscription fee and incur subscription charges on a reoccurring basis for Site services. Unless canceled by you as provided below, you will be automatically billed each period. While BabySitters.com will use its best efforts to ensure the privacy of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold BabySitters.com harmless for any damages that may result there from. BabySitters.com will use a third party service to process your credit card payments.
CANCELLATION
If you would like to cancel your account, log into your BabySitters.com account and click the 'Account Status' tab in the 'Manage My Account' section. Please note that we do not prorate subscription fees.
MONEY BACK GUARANTEES
Due to the nature of its service, BabySitters.com does not provide a money back guarantee.
REFUNDS
BabySitters.com will process refunds or credits for our errors or other extenuating circumstance. Account cancellation requests received after the account has been billed will not qualify for a refund.
COMPLIANCE WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998
BabySitters.com is intended for individuals 13 or over. We have made an effort to specifically limit BabySitters.com appeal to individuals of age 13 or over. BabySitters.com will not knowingly collect any information from children under 13. If you are a Babysitter, you must identify your age during the registration process. BabySitters.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We are also strong supporters and maintain strict compliance with the Rules and Regulations set forth there under. That being said, we do not assume any responsibility for any misrepresentations regarding a Babysitter's age or parental consent when using this Site. Should we determine that a Babysitter provided any false information to us when using this Site, the Babysitter's membership will be terminated immediately.
THIRD PARTY WEBSITES
This Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of BabySitters.com, and you acknowledge that BabySitters.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites AND THAT BabySitters.com makes no representations regarding these sites. The inclusion of such a link does not imply endorsement of the site by BabySitters.com or any association with its operators.
BabySitters.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to the BabySitters.com Site because these sites are owned and operated by independent companies and/or retailers. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. BabySitters.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. All Users, including both Parents and Babysitters, do hereby expressly agree not to hold BabySitters.com, its officers, directors, employees, agents and third parties liable with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this Site, you:
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grant BabySitters.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and |
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warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by BabySitters.com will not infringe or violate the rights of any third party. |
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USE OF MATERIAL
The contents of the Site, including, but not limited to, text, graphics, sounds, images and other material ("Material"), are owned by BabySitters.com and third party service providers ("Service Providers") and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
BabySitters.com authorizes you to view and download a single copy of the Material on the Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other website or in a networked computer environment for any purpose. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BabySitters.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
You may not copy or adapt the HTML or other code that BabySitters.com uses to generate its pages. This code is also protected by BabySitters.com copyright and other intellectual property rights.
SEARCH LIMITATIONS
BabySitters.com reserves the right to impose limitations on the number of unique zip codes that a User can search to help ensure that the information is used only for personal, non-commercial purposes.
SITE USE
General Rules: You may not use the Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.
Security Rules: You may not violate or attempt to violate the security of the Site or use the Site to violate the security of other sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Site packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BabySitters.com may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses: Without limitation, BabySitters.com specifically prohibits any use of the Site, and you may not use the Site to distribute or otherwise publish, without our prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services; solicit other users of the Site to join or become members of any online or other service; or delete or revise any material posted by any other person or entity.
Option to Remove: All chat and bulletin board communications are public and not private. Although we reserve the right to remove, without notice, any bulletin board posting for any reason, we have no obligation to delete content you may find objectionable or offensive.
TRADEMARKS
The BabySitters.com logo and the tageline, "Find Peace of Mind" are trademarks of BabySitters.com. This list is not a comprehensive list of all BabySitters.com's trademarks or service marks. The absence of a trademark, product or service name or logo from this list does not constitute a waiver of our trademark or other intellectual property rights concerning that name or logo.
All other products, services, and company names mentioned in the Site may be trademarks or service marks of their respective owners.
LINKING TO THE SITE
If you would like to link to the Site, you must comply with the following. A website that links to the BabySitters.com:
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may link only to home page of the Site (www.babysitters.com); |
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should not frame or create a browser or border environment around the Site; |
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should not imply that BabySitters.com is endorsing your website or your products or services; |
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should not present false information about products or services on the Site; |
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should not use our trademarks or logos without prior permission from BabySitters.com; and |
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should not contain content that we might consider distasteful or offensive. |
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PRIVACY
Please see BabySitters.com's Privacy Policy at http://www.babysitters.com/privacypolicy.aspx for details regarding our use of information collected from users of this Site.
SUBMISSIONS
By submitting content to the Site, including information for a profile as a Babysitter, Job Postings, message boards, forum, contests and chat rooms, you grant us and our affiliates the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, has validly and irrevocably granted you the right to grant the license to us stated above. You also permit any user of the Site to access, store, use, display, and copy such content for personal use.
LIABILITY
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material. The use of the Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Site at anytime without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material you place on the Site.
BABYSITTERS.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF YOUR OR ANOTHER'S EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY (A) THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, BABYSITTERS.COM DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE. BABYSITTERS.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY AND REMEDIES
THE MAXIMUM AGGREGATE LIABILITY OF BABYSITTERS.COM UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE GREATER OF (I) $1,000 OR (II) A REFUND OF PAYMENTS WE RECEIVED FROM YOU DURING THE THIRTY-DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE.
NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE MATERIALS OR ANY HYPERLINKED SITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
INDEMNIFICATION
Upon a request by BabySitters.com, you agree to defend, indemnify, and hold harmless BabySitters.com and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. BabySitters.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BabySitters.com in asserting any available defenses.
INTERNATIONAL USE
BabySitters.com makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Site shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and BabySitters.com with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BabySitters.com with respect to this Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
BabySitters.com reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause and/or notice. BabySitters.com reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Site and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other Users or the administration of our services, or otherwise not complied with any of these Terms.
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