Your use of the Website constitutes Your Agreement and acceptance without change of these terms and conditions. In addition, as a condition of Your use of the Website, You represent and warrant to Babysitters America that You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these terms and conditions, Your use of the Website is prohibited. Other than this Agreement, Babysitters America will not enter into any Agreement with You or have any obligation to You through the Website and no attempt to create such an Agreement will be effective.
BY ACCESSING, BROWSING OR USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT:
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITE. MOREOVER, BABYSITTERS AMERICA DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.
You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Babysitters America or third-party providers, as applicable. Except as expressly permitted by Babysitters America in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
“Babysitters America” is a trademark owned by Babysitters America. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Babysitters America or their respective owners.
USE OF THE SERVICES
By registering to use or purchasing the Services, You warrant and represent that:
- You are not and have not been the subject of a complaint, indictment, restraining order, conviction or legal action involving child abuse, domestic violence, assault, sexual abuse or misconduct, cruelty, drug possession or distribution, larceny or fraud;
- You are not and have not been required to register as a sexual offender with any law enforcement or other governmental entity; and
- You have not been convicted of a felony regardless of the nature of the crime.
You acknowledge and agree that Babysitters America may, but is not required to, to verify the above representations and warranties and You hereby grant Babysitters America the right to conduct criminal background checks and review government records in order to verify your representations and warranties. Babysitters America reserves the right, in its sole discretion and without limitation, to terminate your Babysitters America membership, remove Your postings from the Website and report You to law enforcement agencies in the event that Your representations and warranties are not accurate, whether in whole or in part.
USE OF THE WEBSITE
Without limiting anything else contained in this Agreement, You agree and acknowledge that:
and that You will not, directly or indirectly:
- Use any of the Content, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
- Use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- Use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
- Publish or distribute in any medium Content, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
- Access or attempt to access any other user’s account;
- Obtain or ascertain or attempt to obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
- Elude or attempt to elude the Website’s security systems;
- Attempt to gain access or gain access to the Website in a fraudulent manner;
- Use the Website for any purposes other than those intended by Babysitters America, as determined by Babysitters America in its sole discretion; or
- Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Databases and any other information contained therein will cause irreparable harm to Babysitters America and that in such event money damages will not constitute sufficient compensation to Babysitters America; consequently, in the event that You, directly or indirectly, misappropriate or misuse the Content and any other information contained therein, You specifically consent to Babysitters America obtaining injunctive relief against You in addition to any other legal or financial remedies to which Babysitters America may be entitled.
NOTICE OF ENFORCEMENT
Babysitters America vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Babysitters America will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
REGISTRATION AND ACCOUNT CREATION
Babysitters America may at times require that You register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, You may be provided, or required to choose and/or provide a password, user ID, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration Information on the Website.
USE OF USER ID/PASSWORD
If You register and/or set up an account on the Website, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize others to use the Website, and You are responsible for all use by You and those You allow to use the Website. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization.
There may be circumstances where access to the Website is provided by a hypertext link located at another website. Babysitters America has no responsibility for the content of such other website, Babysitters America does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Babysitters America shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Babysitters America does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Babysitters America, You agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of Babysitters America.
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
THE WEBSITE IS OPERATED BY BABYSITTERS AMERICA, LLC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BABYSITTERS AMERICA, LLC, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “BABYSITTERS AMERICA BUSINESSES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE OR PROVIDED THROUGH THE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE BABYSITTERS AMERICA BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE BABYSITTERS AMERICA BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR THE SERVICES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE BABYSITTERS AMERICA BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE BABYSITTERS AMERICA BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE BABYSITTERS AMERICA BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
THE BABYSITTERS AMERICA BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
BABYSITTERS AMERICA’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF BABYSITTERS AMERICA’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY BABYSITTERS AMERICA WITH RESPECT TO SUCH USE.
NEITHER THE CONTENT NOR THE SERVICES IS INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE WEBSITES OR PROVIDED THROUGH THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE WEBSITE OR THROUGH THE SERVICES. IN THE CASE OF AN EMERGENCY, IMMEDIATELY CALL 911.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. Babysitters America therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that if the Website offers products or services for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability.
Contacting Us/Feedback, Postings and Communications
Although Babysitters America will in most circumstances be able to receive Your email or other information provided through the Website (including, without limitation, service requests and other submissions), Babysitters America does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BABYSITTERS AMERICA AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
- YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
- ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH THE WEBSITE;
- ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release Babysitters America and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Babysitters America or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
Any notice or other document or communication required or permitted hereunder to Babysitters America will be deemed to have been duly given only if in writing and delivered by email sent to Babysittersamerica.com/Member Support.
Notices to Babysitters America shall be deemed delivered when actually received by Babysitters America.
Any notice or other document or communication from Babysitters America required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from Babysitters America, You represent and warrant to Babysitters America that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, Babysitters America controls and operates the Website from the United States of America and makes no representation that the Content and Services are appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, COUNTY OF NEW YORK, USA. YOU AND BABYSITTERS AMERICA AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
CONTINUED USE DEEMED ACCEPTANCE
Babysitters America, LLC 2018