Terms of Use

This Terms of Use Policy will apply to all websites owned and operated by SitterCentral, Ltd., and all related entities and franchisees, (hereinafter collectively referred to as SC) which includes, but is not limited to, www.sittercentral.us. SC operates and maintains these websites as a service to their members. By continuing to access and use any of the websites owned and operated by SC, you are agreeing to comply fully and be bound by these Terms of Use and the Privacy Policy that has been separately provided on this website, as well as any other laws and regulations. IF YOU DO NOT AGREE WITH THE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT CONTINUE TO ACCESS OR USE ANY SC WEBSITE.

SC reserves the right to update, amend, or otherwise change the Terms of Use Policy detailed herein at any time. The current Terms of Use Policy will always be accessible through the website. Any changes are effective immediately after posting the new terms to the website. Please read any revised Terms of Use carefully. If after the posting of any revisions to the Terms of Use, you continue to use the website, you are also agreeing to any new terms contained in the revised Terms of Use Policy.

Definitions

The following defined terms are hereby incorporated into these Terms of Use Policy:

The term Parent Member as used herein, refers to an authorized user who has joined SitterCentral seeking to employ a Sitter Member.

The term Sitter Member as used herein, refers to an authorized user who has joined SitterCentral seeking employment from a Parent Member.

The term Authorized User as used herein, refers to (i) individuals seeking employment as sitter members and (ii) Parent Members seeking to employ one or more sitter members; other users are not permitted.

The term Company means SitterCentral, Ltd., its successors and assigns, and all related entities and franchisees.

The term Content refers to and means the Content of this Website found at the URL address: www.sittercentral.us

The term Person refers to and includes individuals as well as business entities of any and every kind.

Copyrights and Trademarks

Ownership & Permitted Use

All Content and software of the website belongs to and are the property of SC or its Content suppliers or clients. The Content and software are protected under the United States of America and foreign copyright, trademark and other laws. You may not (nor may you instruct or allow a third party to) sell, sublicense, or modify the website Content or software or, otherwise copy, download, reproduce, display, publicly perform, distribute, store, reverse engineer, reverse assemble, or otherwise use the Content or software in any way for any public or commercial purposes, unless expressly authorized in writing by SC. The use of any Content or software on any other website is strictly prohibited. You are only permitted to use the Content and software for personal use. No title or intellectual property rights to any Content or software contained on this website are transferred to you; they remain the property of SC.

All SC logos, site designs, images, service names, and slogans are the property of SC and are protected by United States of America Federal Trademark law and any applicable state trademark law. Any other logos, site designs, service names, and slogans used in the website for identifications purposes only are the property of each respective owner and may be their registered trademarks. Any use of any logo, site design, image, service name, slogan, or any other mark on any SC website is strictly prohibited, unless expressly authorized in writing by SC.

Site Use

Acceptable Website Use

This website is an online registration platform for Sitter and Parent Members. You are authorized to use this SC website to register for a membership account, find out information about SitterCentral, Ltd., find out information on upcoming SitterCentral events within the SitterCentral network, and, for Sitter and Parent Members, set up and manage their accounts. These are the only acceptable uses for this website. You are strictly prohibited, unless expressly authorized in writing by SC, to use the website for any other purpose. You further agree to only use this website for lawful purposes.

Prohibited Website Use

SC strictly prohibits you from using this website for any unlawful purpose. You specifically agree to not engage in any of the following uses: (1) use the SC website to violate the privacy rights of others, including but not limited to, gathering and/or storing personal information of other users of the website without their written consent; (2) posting or submitting any incomplete, false or inaccurate biographical information; (3) deleting or revising any material posted by any other person; (4) use the SC website to break the law in any jurisdiction, whether local, state, federal, or international; (5) misrepresent yourself; (6) prohibit, restrict, or interfere with others ability to register and use the SC website; (7) upload, transmit, or otherwise disseminate any data that contains a virus or otherwise corrupted data; (8) upload, transmit, or otherwise disseminate data or information that you know or believe to be confidential or the property of someone else; (9) engage in any actions that will prohibit, harm or interfere with others enjoyment and use of the website; or (10) use the SC website to engage in any illegal activity.

You are responsible for the content of your communications and the consequences of your communications.You acknowledge that you have the authority, responsibility, and any liability attached or arising from uploading, transmitting, or otherwise disseminating any information that you post on a SC website. Each person submitting Content to any public or non-public area of the Website grants SC and its affiliates the royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), non-exclusive right (including any moral rights) and license 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) worldwide 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. Each person also warrants that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably has granted to such person the right to grant the license stated above. In so doing, each such person also authorizes any subscriber to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on the Website retains any and all rights that may exist in such Content.

If you are aware of any prohibited use of this website, please immediately notify us using the contact information listed below. SC, in its sole discretion, reserves the right to remove any information or material posted to this website, including but not limited to: (1) information or material that SC knows or has reason to believe violates copyright or trademark laws; (2) information or material that is offensive or can be construed in an offensive manner; (3) any information or material that is a violation of any prohibited use for the website; or (4) any information or material that does not advance the above stated acceptable use policy for this website. SC also reserves the right to immediately terminate the access for users, Sitter or Parent Members who violate this Terms of Use Policy. SC has the right and will take any action deemed necessary to protect its rights and the rights and safety of its users and the public. Your violations of system or network security may result in civil and/or criminal liability. SC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any and all persons who may be involved in such violations.

Copyright Infringement

If you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us with the following information at the contact information provided:

1) The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;

2) A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

3) Identification of the URL or other specific location on this Website where the material or activity you claim to be infringing is located or is occurring. You must include enough information to allow us to locate the material or the activity;

4) Your name, address, telephone number and, if you have one, your e-mail address;

5) A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

6) A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Third Party Interactions

If you choose to interact, register, or otherwise do business with any third party that you come in contact with through this website, SC has no liability for any transaction that you choose to have or conduct with that third party. You acknowledge and agree that SC is not a party to any such transaction and is not responsible for the outcome of the transaction or the treatment you receive from any third party. SC has no liability for any misuse of your personal information by a third party. The terms and conditions of your transactions with third parties are governed solely by you and the third party. You agree that SC has no liability or responsibility for any loss or damage that you might incur from a third party transaction.

Links to Other Sites

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the Contents on such third-party websites. The Company is not responsible for the Content of linked third-party sites and does not make any representations regarding the Content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.

Your Account

Privacy & Protection

SC’s Privacy Policy is incorporated by reference into this Terms of Use Policy. The SC Privacy Policy describes our use, in conjunction with your responsibility, for the protection of your personal information. By continuing to use the SC website, you also agree to the terms and conditions of the SC Privacy Policy.

Termination of Your Account

SC reserves the right, in their sole discretion, to terminate your account for any violation of the SC Terms of Use Policy or the SC Privacy Policy. Termination will not affect any jobs that you have already requested or accepted through a SC website; however, it will prevent you from requesting or accepting any future jobs.

Online Memberships and Job Requests

Any registrations, job requests or purchases made through a SC website are governed by this Terms of Use Policy and any other policies or rules that are specific to individual events. Once you have submitted payment for a membership, your membership will be final. SC does not issue any refunds. Your subscription will be automatically extended for successive renewal periods of the same duration as the original term at the then-current subscription rate. To change or cancel your subscription at any time, contact us directly. If you cancel your subscription, you may use your subscription until the end of your then-current term.

Jobs that are requested by a Parent Member are not the responsibility of SC. SC is merely a membership website. Neither www.sittercentral.us nor any of its officers, contractors or employees undertake to screen or censor the listings offered. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Parent Members to offer job opportunities to Sitter Members or the ability of the Sitter Members to fill job openings. By continuing to use this website for membership and the benefits that are associated with said membership, you are hereby agreeing to hold SC harmless for any injury, inconvenience, or otherwise dissatisfaction that you may suffer arising from or related to a job in which you accept and participate. The information available to you about certain jobs requested by Parent Members on SC websites has been provided directly to SC by the Member. SC cannot be held responsible for the accuracy or completeness of the provided information regarding specific job requests.

SC does not provide any assurance or guarantee that persons seeking employment as sitters will find such employment with Parent Members; likewise, SC does not provide any assurance or guarantee that Parent Members seeking to engage the services of a competent sitter will be successful in doing so. In addition, SC requires all users of the Website to note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. Each person using this Website assumes all risks associated with his or her dealings with other users of the Website and person who may be contacted directly or indirectly by way of the Website. Each person by continuing to use this Website covenants and agrees to carefully screen, interview, and conduct background investigations on any person(s) identified on this Website with whom such person may undertake to enter into a business or personal relationship.

Because user authentication on the Internet is difficult, SC cannot and does not confirm the accuracy and truthfulness of the identity given by persons who use this Website. Because SC does not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website, if you have a dispute with one or more users, you agree to address any disputes directly with that person and waive any claims that might otherwise be asserted against SC.

Liability & Indemnification of SC, Other Licensor or Other Franchisees

By continuing to use this website, you hereby agree to assume all the responsibility and risk associated with using this website to register for membership. Neither SC nor any other Licensor or Franchisee is liable for the information provided on this website. YOU ARE USING THIS WEBSITE AND RELYING ON THE INFORMATION PROVIDED AT YOUR OWN RISK. There may be errors on the website that affect the accuracy of the information provided. SC reserves the right to update, correct, or make changes to the information provided without any prior notice. SC does not intend to offer services in all countries, even though the SC website can be viewed internationally via the World Wide Web.

Neither SC or any other Licensor or Franchisee is liable for any damages arising out of your reliance on the information provided on this website. SC or any other Licensor and/or Franchisee are also not liable for any viruses or damages from viruses that may affect your computer equipment, stored data, software, or any other property that occurs due to your usage of this website or any linked website that you access through a SC website.

SC or any other Licensor or Franchisee will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Authorized Users. By using the website, you do hereby represent, understand, and expressly agree to hold SC or any other Licensor or Franchisee harmless for any claim or controversy that may arise from any disputes between Authorized Users of the website and Company. In the event that you have a dispute with one or more Authorized Users, you release SC and our officers, directors, subsidiaries, investors, licensors, franchisees, employees, contractors and agents from all 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.

IN NO EVENT OR CIRCUMSTANCE WILL SC OR ANY OTHER LICENSOR OR FRANCHISEE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND. FURTHER, YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD HARMLESS SC OR ANY OTHER LICENSOR OR FRANCHISEE FROM ANY AND ALL LIABILITY OR LOSSES, CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, AND COSTS FOR, OR ARISING FROM, THE USE OR INABILITY TO USE THIS WEBSITE OR ANY RELIANCE ON ANY SITE CONTENT, REGARDLESS OF ANY NOTIFICATION, CAUSE OR ANY FAULT OR NEGLIGENCE OF SC OR ANY OTHER LICENSOR OR FRANCHISEE, THEIR EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AFFILIATES, OR OTHERWISE.

Disclaimer of Warranties

ALL SC WEBSITES AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER SC OR ANY OTHER LICENSOR OR FRANCHISEE, MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE CONTENT OR WEBSITE’S MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PERFORMANCE. NEITHER SC OR ANY OTHER LICENSOR OR FRANCHISEE MAKES ANY REPRESENTATIONS OR WARRANTIES THAT (1) THE WEBSITE AND SITE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED; (2) ANY DEFECTS OR INCORRECT INFORMATION WILL BE CORRECTED; (3) THAT THE WEBSITE OR ITS HOST SERVER ARE VIRUS FREE; OR (4) THAT YOU WILL BE COMPLETELY SATISFIED WITH THE SERVICES OFFERED.

Applicable Law; Governing Law & Jurisdiction;

The owners and operations of SC are based in the state of Texas and the owners of SC do not make nor do they intend to make any representations that the materials and information available on any SC website are suitable for use in other locations. Each individual user is responsible for complying with any applicable local laws. By placing a website on the World Wide Web, SC does not intend to purposely avail itself to any other jurisdiction nor does it entitle SC to any benefits or privileges in any other jurisdiction.

This Terms of Use Policy shall be construed in accordance with the laws of the state of Texas and the United States of America, and venue for any cause of action arising hereunder shall lie in the state or federal courts of Dallas, Texas. By continuing to use this website, you agree to submit to the jurisdiction of such courts.

Alternative Dispute Resolution

In the event any dispute arises between Company and any Person, the dispute shall be subject to “Alternative Dispute Resolution” (hereinafter referred to as ADR). Under the provisions of this ADR policy and in order to ensure the speedy, impartial resolution of all disputes between the parties which related to, or arise from the party’s relationship and/or operational decisions, the parties hereby agree to forego litigation. The disputing party shall be obligated to provide (within ten business days of the event giving rise to the dispute) written notification to the non-disputing party of the particulars of the dispute. The non-disputing party shall be required to respond to the disputing party’s allegations within ten business days receipt of the disputing party’s notification, then the parties shall submit to binding arbitration to resolve the dispute between the parties. The parties to the arbitration will bear the costs equally. Any binding arbitration procedures shall be conducted in accordance with arbitration rules promulgated by the American Arbitration Association (hereinafter referred to as “AAA”), but an AAA Arbitrator is not mandated by this provision. The final decision of the arbitrator may be appealed only to a judge in a court of competent jurisdiction. Said appeal shall not allow for live testimony and may only be based on written documentation and transcripts of the arbitration proceedings provided to the judge.

Miscellaneous

No consent or waiver, express or implied, by SC with respect to the strict enforcement of any provision included in this Terms of Use Policy or other incorporated document will be deemed or construed to be a consent or waiver with respect to any future enforcement of the same provision or any other provision of this Terms of Use Policy or any other incorporated document.

Should any of the terms, conditions or provisions of this Terms of Use Policy or any other incorporated document be held to be illegal, invalid or unenforceable by any court of competent jurisdiction, such terms will be deemed to be separable in such jurisdiction and the legality, validity and enforceability of the remaining terms, conditions or provisions will not be affected thereby. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there will be added automatically as a part of this Terms of Use Policy or any other incorporated document, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible in order to make the provision legal, valid and enforceable. It is the intent and expectation of the parties that each provision of this Terms of Use Policy and any other incorporated document will be honored, performed, and enforced as it is written.

This Terms of Use Policy and any other incorporated document may be supplemented, amended, or modified only by SC and only in writing. No course of dealing between you and SC will be construed to have modified, supplemented, or amended this Terms of Use Policy or any other incorporated document.

Contact Us

If you should have any questions of concerns about this Terms of Use Policy, or you would like to report a violation of this Policy or any other incorporated document, please do so by contacting us at the following address:

SitterCentral, Ltd.
3026 Mockingbird Lane
Suite 161
Dallas, Texas 75205
info@sittercentral.us