SitterScout User Agreement

Terms Governing Use of the Service

1. Acceptance of Terms.

Welcome to [SitterScout.com] (the “Web Site”). The Web Site and its services are maintained by Scout Solutions Inc. (“SitterScout”) and offered to you, subject to the following Terms of Use (“TOU”), which may be updated from time to time without notice to you. You can review the most current versions of the TOU at any time at: http://www.sitterscout.com/tou. Your access or use and continued access or use of the Web Site constitutes your acceptance of the TOU and any future updates to the TOU.

2. Privacy Policy.

Registration data, materials submitted to the Web Site and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://www.sitterscout.com/privacy.

3. Description of the Service.

SitterScout offers an online service which (i) allows parents (“Parents”) to extend invitations to their babysitters and manage the scheduling of their babysitters and (ii) allows babysitters (“Babysitters”) to accept or decline the invitations to babysit (the “Service”).

The Web Site is only an online platform for facilitating communications among friends who would otherwise use other offline channels to communicate with each other for the same purpose. You acknowledge and agree that SitterScout cannot and will not guarantee the identity of any other users with whom you may interact, nor the authenticity of any data or information other users may provide about themselves or relationships they may describe.

Furthermore, any transactions between you and another user from your use of the Service are the sole responsibility of you and the user involved. You acknowledge and agree that SitterScout has no control over the services actually delivered by Babysitters nor the actions of Parents.

You agree to take the same safety and security precautions and due diligence in identifying and working with Parents or Babysitters as you would when using any other offline channels. Under no circumstances will SitterScout, or SitterScout’s employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any claims arising from disputes between users or any loss or damage in connection with your use of the Web Site and the Service.

4. Use of the Website.

You may only use the Web Site in accordance with the TOU, any posted policies and procedures that appear on the Web Site, and for lawful purposes. You agree not to:

• Post content or initiate communications which are unlawful, defamatory, libelous, abusive, obscene, offensive, sexually oriented, threatening, discriminatory, or otherwise objectionable.
• Use the Service to defame, abuse, harass, stalk, threaten others, or otherwise violate the legal rights of others, including, but not limited to, others’ rights of privacy and publicity.
• Impersonate any person or entity or otherwise falsely state or misrepresent your identify or your affiliation with any person or entity.
• Use the Service for any commercial purposes without SitterScout’s prior written authorization, including, but not limited to, promoting your business entity or generating advertising revenue.
• Post, upload, email, transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “chain letters,” “spamming,” or any other form of unauthorized solicitation.
• Solicit or collect personally identifiable information from minors or harm minors in any way.
• Use the Web Site to distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner’s consent.
• Attempt to gain unauthorized access to the Web Site or any part thereof, or other accounts, computer systems or networks connected to the Web Site, through login password mining or any other means.
• Intentionally or unintentionally violate any applicable local, state, national or international law.

5. Eligibility.

To register for and/or use the password-protected part of the Web Site, you must become a registered user of the Web Site. By registering for the Web Site, you represent and warrant that you are eligible to register as specified herein, and that the information you include as part of the registration process is complete and accurate.

Users under 13 years old are not eligible for using the Service. Users older than 13 but under 18 must obtain parental permission to use the Web Site. In addition, anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense or anyone who may not legally work in the U.S. is not eligible for using the Service.

SitterScout will determine whether to accept or reject your registration in its sole discretion and will not assume any responsibility for any misrepresentations regarding a user’s age, parental consent, felonies, criminal offenses, and/or authorization to employment in the U.S. when using the Service.

6. Your SitterScout Account.

By creating a SitterScout Account, you confirm that you are either a legal resident of the United States, a United States citizen or a business entity authorized to conduct business by the state in which it operates. The Service and your SitterScout Account may only be used in the fifty states of the United States of America and the District of Columbia. You may not export the Service directly or indirectly, and you acknowledge that the Service may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).

By creating a SitterScout Account, you also confirm that you will not accept payments in connection with the following businesses or business activities: (1) any illegal activity, (2) buyers or membership clubs, (3) credit counseling or repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) financial institutions offering manual or automated cash disbursements, (16) financial institutions offering merchandise and services, (17) sales of money-orders or foreign currency by non-financial institutions, (18) wire transfer money orders, (19) high-risk merchants, including telemarketing merchants, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (23) internet/mail order/telephone order firearm or weapon sales, (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate products, (28) escort services, and (29) bankruptcy attorneys.

By accepting this Agreement you confirm that you will satisfy these requirements.

7. Proprietary Rights.

The Web Site and certain content therein are protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein) by SitterScout. You agree that you will not copy, distribute, republish, display, post, or transmit any content or software you obtain from the Web Site without SitterScout’ prior permission. Other rights may be granted to you by SitterScout in writing, but all rights not expressly granted are reserved.

8. User Submissions.

In the course of using the Service, you may provide information about yourself which may be visible to other users. You are solely responsible for any content posted, uploaded, or transmitted by you, including, but not limited to, any text, data, images, photographs, files, reviews, or ratings (“Submissions”).

By providing your Submissions to SitterScout, you warrant and represent that you own or otherwise have all rights necessary for you to post, upload, or transmit your Submissions. SitterScout respects the intellectual property of others, and requires that our users do the same.

If you believe your work has been copied and posted on or through the Web Site in a way that constitutes copyright infringement, please send SitterScout’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Web Site; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. SitterScout’s Copyright Agent for notification of claimed infringement can be reached as follows: SitterScout Corporation, 4444 Woodland Park Ave. N., Suite 211, Seattle, WA 98103; Attn: Copyright Agent. SitterScout’s Copyright Agent for notification of claimed infringement can also be reached by email at info@sitterscout.com. Please include “Copyright Agent” in the subject line.

In addition, you agree that by providing your Submissions to the Web Site, you grant to SitterScout and its assigns an irrevocable, royalty-free, world-wide, perpetual, transferrable, and sub-licensable license, in and to the Submissions, to use, reproduce, distribute, display, modify, adapt, create derivative works of, publish, redistribute, and sublicense such Submissions.

The opinions expressed in reviews and user ratings reflect solely the opinions of the individuals who submitted such opinions, and may not reflect SitterScout’s opinions. Under no circumstances will SitterScout, or SitterScout’s employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damages caused by your reliance on the Submissions by other users.

Although SitterScout has no obligation to monitor or screen any of the materials posted on the Web Site, SitterScout reserves the right to remove any materials posted or stored on the Web Site without notice at any time and for any reason at its sole discretion. You are solely responsible for creating backup copies of any materials you post on the Web Site at your sole cost and expense.

9. Fees.

SitterScout reserves the right to charge for the Service or any portion thereof and modify the pricing of the Service without prior notice to you.

10. Advertisements.

SitterScout may post third parties’ advertisements and promotions on the Web Site. Your dealings or correspondence with advertisers other than SitterScout, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SitterScout is not responsible or liable for any loss or damage arising from any such dealings or as the result of the presence of third-party advertisers on the Web Site.

11. Text Messages.

By using the Service, you opt to receive text message notifications on your cellular phones or other mobile devices in connection with the Service. By using the Service, you grant SitterScout permission to send text messages to your cellular phone or other mobile devices. In addition, you understand and agree that SitterScout does not have control over the quality or reliability of the text messaging service provided by your mobile device carrier and that you are solely responsible for any fees charged by your carrier for the service.

12. Children.

We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet and the Service. We provide parents of users under 18 with an option to receive notifications when the child adds a connection or receives a job request. Babysitters under 18 should immediately notify their parents or report to authorities if Parents use any improper actions or language toward them in the course of babysitting. Babysitters should also report such incidents to SitterScout by contacting info@sitterscout.com. SitterScout is not obligated to investigate incidents reported by Babysitters. However, it reserves the right, at its sole discretion, to restrict, suspend, or terminate a questionable Parent’s access to any part of the Service, remove his/her profile, or report an incident to appropriate authorities.

SitterScout strives to retain compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA) as specified by regulations of the Federal Trade Commission. SitterScout will not knowingly collect any information from children under 13 or knowingly allow children under 13 to register. In the event that we learn that we have collected personal information from a child under 13 we will immediately remove the information from the Web Site.

You must identify your age during the registration process. SitterScout does not assume any responsibility for any misrepresentations regarding your age or parental consent when using the Service. If we determine that you provided any false information to us when using the Web Site, your access to the Service will be terminated immediately.

13. Termination.

You agree that SitterScout may, with or without cause, suspend or terminate your access to the Web Site, without prior notice. Without limiting the foregoing, SitterScout will terminate your access to the Web Site if you engage in any conduct that SitterScout believes, in its sole discretion: (a) violates any provision of the TOU; (b) violates the rights of SitterScout or third parties; or© is otherwise inappropriate.

14. Warranty Disclaimer.

UNLESS OTHERWISE EXPRESSLY SET FORTH IN A SEPARATE WRITTEN AGREEMENT WITH YOU, THE WEB SITE AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED BY SITTERSCOUT ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER SITTERSCOUT NOR ITS PARTNERS, SUBCONTRACTORS, SHAREHOLDERS, DIRECTORS,OFFICERS, EMPLOYEES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE. IN ADDITION, SITTERSCOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SITTERSCOUT DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, ORTHAT THE WEB SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IN NO EVENT WILL SITTERSCOUT OR ITS SHAREHOLDERS, DIRECTORS AND OFFICERS BE LIABLE FOR DIRECT, INDIRECT,INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SITTERSCOUT KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SITTERSCOUT’ AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO $100. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.

16. Indemnification.

You agree to indemnify and hold SitterScout, its partners, subcontractors, shareholders, directors, officers, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys’ fees) arising from any third-party claims arising from or related to your violation of the TOU.

17. General.

The TOU will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of laws rules. You consent to the exclusive jurisdiction of the federal and state courts in King County, Washington and you further consent to the exercise of personal jurisdiction of the courts therein. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any waiver, modification, or amendment of this TOUmust be in writing and signed or otherwise authenticated by SitterScout. You may not assign this agreement to any other party, and any such attempted assignment is void. The TOU constitutes the entire agreement between you and SitterScout with respect to the Service and supersedes any and all prior or contemporaneous agreements; provided, however, to the extent any written agreement between you and SitterScout conflicts with the TOU, such other written agreement shall control.

18. No Resale of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

19. Modifications to Service.

SitterScout reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SitterScout shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

20. Links.

The Service, third parties, and other users may provide links to other World Wide Web sites or resources. Because SitterScout has no control over such sites and resources, you acknowledge and agree that SitterScout is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SitterScout shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

21. Trademarks.

SitterScout, the SitterScout logo, and other SitterScout logos and names are trademarks of Scout Solutions Inc. You agree not to display or use these trademarks in any manner without SitterScout’s prior written permission.

22. Notice.

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.