User Agreement and Terms of Use

1. Acceptance

Welcome to 4sitters.com. The 4sitters.com Website (the "Website") is owned, controlled and operated by 4sitters.com LLC (hereinafter referred to as "we," "us," "our’" or the "Company"). The Website is intended and limited to providing a service through which individuals both seeking and providing sitter services can locate each other. The term "Website" in this Agreement shall be deemed to include the service described above, and the technology related to the Website. This Agreement describes the terms and conditions applicable to sitters, parents, pet owners, members and/or any other users of this website ("You," "you," "your," "user," or "users"), and use of our services at the Website. Please read this Agreement carefully before accessing or using the Website.

This Agreement spells out what you can expect from us and what we expect from you. In accessing, browsing and/or using ("use") any area of the Website, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions set forth in this Agreement. We may make revisions to this Agreement from time to time. By using the Website, you agree to be bound by such revisions and should therefore periodically visit this page to determine the then current version of this Agreement to which you are bound. The Company will inform existing users when this Agreement is revised by posting a Notice of Change on our homepage. If you do not agree to the terms and conditions under this Agreement, do not use the Website.

2. Scope of Services Provided and Disclaimer of Liability

Through this Website, we provide the information and services to help users seeking and providing sitter services locate each other. Our role is limited to providing this service, and our duties do not extend beyond activities associated with maintaining the Website. We are not associated with, and do not employ, represent, or acts as an agent for the users of this Website. We do not perform criminal, background, or reference checks on the users of this Website. We strongly recommend that you perform criminal, background and reference checks, and thoroughly interview any individual with whom you associate with as a result of using the information and services provided on this Website. IT IS EACH USER’S SOLE RESPONSIBILITY TO PERFORM ADEQUATE CRIMINAL, BACKGROUND AND REFERENCE CHECKS. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH INDIVIDUALS THAT YOU COME INTO CONTACT WITH THROUGH USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO PHYSICAL HARM.

We are not a party to any agreement or relationship arising out of or related to this Website. Our role is limited to providing a forum through which users can locate each other. You and the party with whom you transact are solely responsible for all aspects and consequences of any transactions arising from your use of this Website, including the accuracy and legality of the information conveyed, the terms of any agreement reached, and the performance or enforcement of any such terms.

By using this Website, you do hereby expressly agree to hold the Company harmless for any claim, damage or injury that may arise from use of the Website. Any information and advice contained in this Disclaimer and on this Website is included as a guide, and should not be used as a substitute for competent legal advice.

3. Eligibility

(a) Use by Minors Not Permitted. This Website and any related services are available to you only if you can form a legally binding agreement under applicable law. This Website and any related services are not available to minors. If you are a minor, do not use this Site or any related services.

(b) Policy Regarding Unauthorized Use. Children’s use of the Internet should be monitored by parents, guardians, and sitters. This Website is intended for users age 18 or over. We maintain strict compliance with the Rules and Regulations of the FTC as well as the Children's Online Privacy Protection Act of 1998 (COPPA). During the registration process you must specify your age. The Company will not knowingly collect any information from children under 14 years old. We do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provide any false information to us when using this Site, your membership will be terminated immediately and your information destroyed.

4. Restrictions on Use of Materials

(a) Licensing and Use of the Website. For a limited time, we are granting registered users and members of the Website non-exclusive license together with the authority to use its services and technology (the "Technology"). The Company reserves the right to modify the fees for using the Website in the future. If the Company decides to modify the fees to use the Website, registered users will be notified of the fees in advance and will be given the opportunity to decline continued use of the Website before fees are charged. You understand and agree that the Website is provided "as-is" and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You may not copy, modify, redistribute, sell, sublicense, assign, transfer, decompile, reverse engineer, disassemble or otherwise reduce the Technology to a human-perceivable form without prior written consent. The Company will employ reasonable measures to protect the security of users and user information, but makes no warranty with respect to the data posted on the Website, including but not limited to, statistical data, account data, credit card data, news and information. (b) Trademarks. The trademarks, service marks, and logos (collectively "Trademarks") used and displayed on the Website are registered and unregistered marks owned by the Company, its affiliates or others. Nothing on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The name of the Company and the Company logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without the prior written permission of the Company. The Trademarks may not be used (i) to identify products or services that are not the Company’s, (ii) in any manner likely to cause confusion, (iii) in or as a part of your own trademarks, (iv) in a manner that implies that the Company sponsors or endorses your products or services or (v) in any manner that disparages or discredits the Company. (c) Copyright Notice. You acknowledge that the Website contains information, data, software, text, photographs, images, graphs, audio and video clips, typefaces, graphics, music, sounds, button icons, logos and other material (collectively "Company Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Company Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Company Content or any material from any website owned, operated, licensed or controlled by the Company, in whole or in part, except as expressly permitted by this Agreement. You may not put any the Company graphics or text on your own web page. If no specific restrictions are displayed, you may make copies of select portions of the Company Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Company Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Company Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Without limiting the generality of the foregoing, use of any software Company Content shall be governed by the service agreement accompanying such software. (d) Authorization for Use. You must receive our express written consent to use the Website materials for commercial purposes or to link to any portion of the Website on your web site. In order to obtain that consent, please send an e-mail to promotions@4sitters.com with the following information: (i) your name, position, organization, address and telephone number; (ii) a description of the Website content, text or graphics you want to use; (iii) where, how and when you will be using the materials; (iv) to whom the materials will be distributed, in what amount and for what purpose; and (v) other information that will be included with the Website material. We will respond by e-mail and inform you whether or not we grant permission for your use of the material. This decision will be made at the company’s sole discretion. (e) User Conduct. You understand that all information, data, text, graphics, messages or other materials, whether publicly posted or privately transmitted by a user of the Website ("User Content"), are the sole responsibility of the person from whom such User Content originated. This means that you, and not the Company, are entirely responsible for all User Content that you upload, post, email or otherwise transmit to or via the Website. The Company does not control the User Content posted via the Website and, as such, does not guarantee the accuracy, integrity, legality or quality of such User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, any services, opinion, or instruction delivered which originated through the Website, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website. You acknowledge that the Company does not pre-screen User Content, but that the Company and its designees shall have the right (but not the obligation) in its sole discretion to refuse to allow or remove any User Content. Without limiting the foregoing, the Company and its designees shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Website, including without limitation information in any Company or user created discussion forum and in all other parts of the Website. You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any User Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Website, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. (f) You agree to not use the Website to:

1. upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. stalk" or otherwise harass another;
4. impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted to or through the Website;
6. upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. upload, post, email or otherwise transmit any User, Content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party;
8. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
9. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment;
10. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

 

5. Creative and Content Submissions from or by Users

The Company is happy to hear from its users and welcomes your comments and suggestions regarding the Company’s products and services. However, if you send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Information"), such Information shall be deemed, and shall remain, the property of the Company. None of the Information shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, the Company shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

By posting messages, uploading files or inputting data on the site, you grant (or represent and warrant that the owner of such information grants) the Company a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, transmit, translate, create derivative works from or display any of the information and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such information. The personal information you submit to the Website will be emailed to local users in our database. In transmitting your profile electronically to these users, you agree to release the Company and affiliates of any liability that may arise. The Website may contain bulletin boards, email, chat rooms, forums or other public posting areas (collectively "Communication Tools"). While the Website does not monitor the message, information, files or data posted on the site or transmitted using the Communication Tools, it may edit, refuse to post or remove any information or materials, in whole or part, that, in the Company’s sole discretion, are objectionable, in violation of these Terms of Use, or for any other reason.

6. Billing and Payment Processing

Sitters may use and access the Website free of charge. Parents are required to purchase a membership to access and use the services of the Website. We offer monthly, 3 month, and 1 year membership plans. Parents purchasing a monthly membership are required to make an initial payment of $35 setup fee to access and use the services of the website for 1 month. After the initial 1 month period you agree that we are permitted to charge your credit card every month until cancelled a monthly subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of the Website. You hereby authorize the Company to automatically bill your specified credit card for such monthly subscription fees. Parents purchasing a 3 month membership are required to make an initial payment of $70 to access and use the services of the website for 3 months. After the initial 3 month period you agree that we are permitted to charge your credit card every 3 months until cancelled a 3 month subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of the website. You hereby authorize the Company to automatically bill your specified credit card for such 3 month subscription fees. Parents purchasing a 1 year membership are required to make an initial payment of $140 to access and use the services of the website for 1 year. After the initial 1 year period you agree that we are permitted to charge your credit card every 1 year period until cancelled a 1 year subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of the website. You hereby authorize the Company to automatically bill your specified credit card for such 1 year subscription fees. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on the membership tab available in the account settings section of the Website.

If the Website receives a notice of your intent to terminate this Agreement prior to the expiration of a Renewal Period, this Agreement will terminate on the last day of that Period. We do not provide refunds or credits for any partial monthly subscription periods. The Company utilizes a third party service to process your credit card information. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any information released to any third parties.

7. Representations and Warranties

You represent and warrant to the Company that you will fully comply with this Agreement. If you choose to post material to any portion of the Website or to submit any Information to the Website, you further represent and warrant to the Company that such materials are not subject to any copyright, proprietary or intellectual property rights, or that you have obtained express authorization from the holder of such rights to distribute such materials on the Website. By posting materials to any portion of the Website, you automatically grant (or warrant that the owner of such rights has expressly granted) the Company a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from and distribute such materials or incorporate such materials into any form, media or technology now known or later developed throughout the universe. In addition, you warrant that all "droit moral" rights in any such materials have been waived.

8. Indemnification

You hereby agree to indemnify, defend and hold the Company, its affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees, incurred by such Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall use your best efforts to cooperate with the Company in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9.Termination

You may terminate this license at any time by notifying the Website by e-mail to the following link accounts@4sitters.com, although you shall remain bound by this Agreement with respect to any past use of the Website and for fees incurred through the expiration of the current membership period. The Company may continue to display the content you have on your online community pages at the time of termination unless you specifically request that the Company remove your online community pages. The Company may at its sole discretion terminate this license at any time, with or without prior notification, in the event you fail to comply with the terms and conditions of this Agreement or for any other reason that the Company believes, in its sole discretion, is appropriate, by deactivating your user name and password and/or suspending operation of the system. Upon termination, you must destroy all materials obtained from the Website and any and all other Company sites, and all copies thereof, whether made under the terms of this Agreement or otherwise.

10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND EXCLUSIONS AND LIMITATIONS.

THIS SITE AND OUR SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND ‘‘AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNATIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Third Party Content

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that the Company 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 the Company 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. You further acknowledge that the Company shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the Website listings or search results, or that are otherwise provided to the Company by third parties.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

12. Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

13. Construction and Interpretation

This Agreement is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of its terms. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of the terms of this Agreement. Acceptance of, or acquiescence in, a course of performance rendered under this Agreement or any prior agreement shall not be relevant or admissible to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to make objection. This Agreement may be modified only by a written instrument signed by both parties.

14. Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of Minnesota, without regard to its choice of laws principles.

15. Jurisdiction and Venue

Each party hereby consents to the jurisdiction of the state courts sitting in Minnesota; provided, however, that any decision by any such court may be appealed to the appropriate appellate court or courts. Each party hereby waives any objection it might otherwise have to venue in any of such courts.

16. Entire Agreement

This Agreement is the entire agreement of the parties and supersedes any prior or contemporaneous agreements between them, whether written or oral, with respect to the subject matter hereof. In case any one or more of the provisions contained in this Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

17. The Company’s Proprietary Rights

You acknowledge and agree that the Website and any necessary software used in connection with the Website (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. The Company grants you a personal, non-transferable and nonexclusive right and license to use the object code of its Software to use the Website through a Web browser on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by the Company for use in accessing the Website.