Sittersphere Terms Of Service
Sittersphere LLC, a Georgia limited liability company, is a babysitter referral service. Sittersphere is not a babysitting agency.
Sittersphere refers you babysitters (“Referred Babysitter”) who have provided Sittersphere with up to date in CPR and First Aid training for infants, children, and adults. Sittersphere does background checks on all Referred Babysitters through the Georgia Police Department.
You hereby acknowledge that the Referred Babysitter is not an employee of Sittersphere and that you are not a third party beneficiary of the contractual relationship between Sittersphere and the Referred Babysitter.
When you use our services, you will have the opportunity to initiate contact with a Referred Babysitter. Referred Babysitters are neither employees nor agents of Sittersphere. Referred Babysitters are third-party independent contractors that have agreed to provide babysitting services to Sittersphere users. Communicating with a Referred Babysitter through Sittersphere is NOT required. However, if you choose to communicate with a Referred Babysitter through Sittersphere, please note the following:
When you contact a Referred Babysitter through Sittersphere, he or she may offer you babysitter services and any relationship formed during the course of that interaction is strictly between you and the Referred Babysitter and expressly EXCLUDES Sittersphere.
Sittersphere will have access to any communications submitted through our platform for fulfilment and quality assurance purposes.
When you contact a Referred Babysitter through Sittersphere, you control the both the duration and depth of the interaction. Any relationship formed during the course of that interaction may, at your option, either (i) end when the interaction with the Referred Babysitter ends, or (ii) continue if you wish to engage the Referred Babysitter for further babysitting services.
If you wish to create a relationship with a Referred Babysitter that extends beyond your use of our services, that relationship will be on whatever terms you establish with the Referred Babysitter in question. Those terms do NOT involve Sittersphere and, except for pre-negotiating special discounts for our members, we do not set, control or influence them. Referred Babysitters reserve the right to refuse to perform services on your behalf in their sole discretion.
Sittersphere is a babysitting referral source. Sittersphere makes no representation or warranty as to the qualifications or competency of any Referred Babysitter or as to the accuracy or completeness of any Referred Babysitter's work. Sittersphere SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY BABBYSITTING SERVICES RENDERED BY ANY REFERRED BABYSITTER YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON SUCH SERVICES IS SOLELY AT YOUR OWN RISK.
I hereby accept any and all responsibility for and assume the risk of any and all injury or damage to my person or dependent children which might arise directly or indirectly through the care of a Referred Babysitter. I hereby expressly release discharge and hold harmless from any liability from Sittersphere and all employees in their capacities as representatives of Sittersphere as a result of the actions by a Referred Babysitter. Sittersphere reserves the right to terminate service for any reason. You certify that you are familiar with the contents of this acknowledgement and release. You have read and understand that by signing this that the same be binding on you and your heirs, administrators, executors and assignees.
Sittersphere makes available offers (each, an " Offer") for new customers entering into monthly or annual babysitting plans, which may be subject to certain additional terms and conditions (a "Offer"). You must have a valid payment instrument, such as a credit card or other permitted payment method, in order to start a Offer. Upon accepting an Offer, you will automatically join the babysitting plan you have chosen and Sittersphere will charge your authorized payment instrument the relevant monthly fee or annual fee, as applicable. Please note that it is your responsibility to maintain current credit card information on file with Sittersphere in order to ensure uninterrupted service.
By entering into a paid membership subscription Offer for our services, you agree to pay the stated fees associated with such membership, including any recurring payments if applicable. Your paid subscription may automatically renew in accordance with its terms.
Unless you notify us before the renewal date of your auto-renewing paid membership that you wish to downgrade, your paid subscription will automatically renew for the subsequent period. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically downgrade your paid plan to a lower-priced plan or to suspend your paid membership until your designated payment method can be charged again. You can downgrade an auto-renewing paid membership to a free membership at any time.
IF YOUR ACCOUNT IS SET TO AUTO RENEWAL, Sittersphere MAY AUTOMATICALLY CHARGE YOU AT THE END OF THE TRIAL OR FOR THE RENEWAL UNLESS YOU NOTIFY Sittersphere THAT YOU WANT TO CANCEL OR DOWNGRADE YOUR MEMBERSHIP.
We want you to be 100% satisfied with our services. If you are less than satisfied or believe there has been an error in billing, please contact us by email at firstname.lastname@example.org immediately so that we can help you resolve the issue.
Although you can downgrade your paid membership at any time, our refund policy does not offer refunds on payments we have collected prior to the downgrade date for incorporation-related services, or monthly babysitting plans, without administrator approval.
Plans are subject to a full refund of your purchase if we are notified of your wish to terminate within 30 days of enrollment. After the 30-day period, you may apply to receive a prorated refund for an annual babysitting plan for the remaining time which has not been used. In order to apply for a refund relating to a six-month membership, please email email@example.com
You are free to stop using our services at any time. In addition, if you fail to provide a payment on time, Sittersphere reserves the right to downgrade your account without prior notice. Please note that downgrading does not affect your ability to access the profile you created on Sittersphere’ website.
Please note that if you choose to downgrade your membership, Sittersphere reserves the right to collect fees from you to cover fees charged to Sittersphere or its agents on behalf of your account.
Termination of Membership and Access Restriction
Sittersphere reserves the right, in its sole discretion, to downgrade or terminate your access to the services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or if you are using the services in a manner that would expose us to legal liability, disrupt the services or disrupt others' use of the Services. If Sittersphere elects to terminate your account, Sittersphere will provide you with notice at your registered email address. Sittersphere also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Sittersphere will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership in the Services.
Consent to Receive Emails
By creating an account, you agree that you may receive communications from Sittersphere, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.
Validity of Electronic Signatures
Sittersphere enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Sittersphere does not authenticate users' signatures or identities.
Acceptable Use of Communications Services
Our Services include a large number of what are collectively called "Communications Services." These include services such as live chats, comment threads, blog posts, question and answer products, customer service communication forums, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
- Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
- Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when (i) you own or control the necessary rights, or (ii) you have received all necessary consents to do so.
- Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another's computer.
- Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Harvest or otherwise collect personally identifiable information about others, without their consent.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
- Violate any applicable laws or regulations.
Although Sittersphere has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Sittersphere reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
No Unlawful or Prohibited Use
You can only use our services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our services in your jurisdiction(s) is not an invitation or offer by Sittersphere to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member's use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Sittersphere reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. Any rights not expressly granted in these Terms are reserved by Sittersphere.
When you transmit user content on Sittersphere, you hereby grant Sittersphere and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Resale or unauthorized distribution of materials downloaded from the Sittersphere website is strictly prohibited. Any resale or redistribution of our materials requires the express, written consent of Sittersphere.
Intellectual Property Rights
Sittersphere retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (iii) circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website ("Service Content") are copyright © Sittersphere LLC. All rights reserved.
Sittersphere is a tradename claimed by Sittersphere LLC. This and any other Sittersphere product or service names or slogans displayed on Sittersphere website are tradenames of Sittersphere LLC. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Sittersphere is the service mark, trademark and/or trade dress of Sittersphere LLC and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Sittersphere' tradenames displayed on our website. All goodwill generated from the use of Sittersphere' trademarks is reserved for the use of Sittersphere LLC, exclusively.
Copyright and DMCA
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Sittersphere' Designated Copyright Agent:
Address: 962 Clifton Rd, Atlanta, GA 30307
Links to Third Party Sites
Sittersphere' website may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Sittersphere does not sponsor and is not legally associated with any third party "linked sites." Sittersphere is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
Sittersphere does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Sittersphere is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) Sittersphere will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Sittersphere does not warrant or support any service provided by the third party.
Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights
The information, software, products, and services made available through Sittersphere may include inaccuracies or typographical errors. Sittersphere and/or its suppliers may at any time make improvements or changes to our Services. Information received via Sittersphere should not be relied upon for personal, medical, legal, or financial decisions. In short, your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, Sittersphere AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Sittersphere, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Sittersphere HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Sittersphere'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO Sittersphere FOR THE 12 MONTHS PRECEEDING THE SERVICES IN QUESTION.
Indemnity and Release
You agree to release, indemnify and hold Sittersphere, your babysitter and its affiliates and their respective officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.
Dispute Resolution By Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing us at firstname.lastname@example.org.
However, if Sittersphere is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (" JAMS"). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Atlanta (GA), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice to Sittersphere should be addressed to Sittersphere LLC, 962 Clifton Rd, Atlanta, GA 30307. Any notice to you shall be sent to your address as set forth in Sittersphere' records of account or such other legal address as Sittersphere is able to identify.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
Either you or Sittersphere may assert claims, if they qualify, in small claims court in Atlanta, Georgia or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
Sittersphere may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
Sittersphere may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Atlanta, Georgia, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
Sittersphere may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below. You may reject any changes made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: Sittersphere LLC, 962 Clifton Rd, Atlanta, GA 30307.
These Terms will be governed by Georgia law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and Sittersphere with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability and Assignment
Sittersphere' failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Sittersphere may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.