Please read these Terms before using the Site or the Services. By using the Site or Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you submit an application to be a Caregiver (as defined below), become a Client (as defined below) or are otherwise a user of the Site and/or Services (“Users”).
The “Services” shall mean any of the various services that Bay Area Sitters provides through the Site or any other channels, including over the telephone, and including providing information to and about qualified individuals who provide care services and to and about individuals seeking child care from Bay Area Sitters (each a “Client”), ordering and providing results for background checks on caregivers, and all other actions taken by Bay Area Sitters to connect Caregivers and Clients.
Description of Services; Limitations; User Responsibilities
1.1 About the Services
Bay Area Sitters offers various Services to help place child care providers with interested Clients. The Services include, among others:
- Vetting individuals by obtaining CPR verification, TrustLine registration and requiring and reviewing additional personal information about Babysitters & Nannies before allowing them to work with Clients.
- Collecting information from Clients to generate a job description for that Client’s needs.
- Sending relevant job descriptions to Caregiver; and sending relevant Caregiver profiles to Clients to allow Clients and Caregivers to narrow the pool of Clients or Caregivers they are interested in working with, based on their needs and preferences, while maintaining the confidentiality of the Clients’ and Caregivers’ contact information until the Client and Caregiver consent to meet.
These Services may be done through Bay Area Sitters “Babysitting Service” or through Bay Area Sitters “Nanny Service”. Please see the costs and details of the Services at www.BayAreaSitters.com. The Services continue to grow and change. Please refer to the Site for further information about the Services Bay Area Sitters provides.
1.2 Limitations of the Services
Bay Area Sitters offers a variety of Services to help Users find, coordinate, and maintain quality care from Caregivers. However, Bay Area Sitters does not employ any Caregivers. Clients are the potential employers of Caregivers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).
Further, Bay Area Sitters does not have control over the quality, timing, or legality of the services actually delivered by Caregivers, nor of the integrity, responsibility or actions of Clients or Caregivers. Bay Area Sitters recommends Clients and Caregivers to one another based strictly on geographic location and the information available to us from Client and Caregiver applications and background checks. Bay Area Sitters defines its “Babysitting Service” as any date night, weekend, hotel or one time service need. For childcare that requires multiple week days and/or full day care, Bay Area Sitters refers clients to its “Temporary Nanny Service”. Bay Area Sitters does not guarantee or make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Caregivers or the integrity, responsibility or actions of Clients or Caregivers whether in public, private or offline interactions.
Client and Caregiver content is primarily user generated, and Bay Area Sitters does not control or vet user generated content for accuracy as a general matter. Bay Area Sitters does not assume any responsibility for, nor does Bay Area Sitters guarantee or warrant as to, the accuracy or reliability of any information provided by Caregivers or Clients on or off this Site.
Bay Area Sitters is not responsible for the conduct, whether online or offline, of any Client, Caregiver, Nanny or other user of the Site or Services. Moreover, Bay Area Sitters does not assume and expressly disclaims any liability that may result from the use of information provided on the Site. All users, including Clients and Caregivers, hereby expressly agree not to hold Bay Area Sitters (or Bay Area Sitters’s officers, members, employees, independent contractors, subsidiaries, other affiliates, successors, assignees, or agents, hereinafter “Affiliates”) liable for the action or inaction of any Client, Caregiver or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, Bay Area Sitters and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown from any Client, Caregiver or other third party.
1.3 User Responsibilities
Bay Area Sitters conducts background checks and other basic vetting of caregivers. However, information obtained by Bay Area Sitters about caregivers should not be taken as complete, accurate, up-to-date or conclusive of the Caregiver’s suitability as an employee or care provider. Clients are responsible for interviewing, performing any additional background and reference checks on, and verifying information provided by caregivers, and ultimately selecting an appropriate Caregiver for themselves and their family. Similarly, the information obtained by Bay Area Sitters about Clients is extremely limited and should not be taken as complete, accurate, up-to-date or conclusive; and it is the sole responsibility of each Caregiver to determine and verify additional information and make an informed decision about Clients for which it will provide service.
Each Client is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Caregiver they select as well as that Caregiver’s eligibility to work in the United States.
Eligibility to Use the Site and Services; Representations and Warranties
To be eligible to use the Services, you must meet the following criteria:
- If you are applying to be a caregiver, you must be permitted to legally work within the United States.
- You must be eighteen (18) years of age or older. If you do not meet the above age requirements, you are not permitted to use or apply to use the Site or Services.
- The Site and the Services are currently available only to individuals in the jurisdiction of the 50 United States. Bay Area Sitters makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Neither you nor any member of your household have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
- If you are an individual Client you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
- You must not be using the Services for reasons that are in competition with Bay Area Sitters.
2.2 Representations and Warranties
By applying to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
Rules for Use of Services
3.1 Application and Content Restrictions
For purposes of this Article 3, “Content”, means any communications, images, sounds, videos, material, data, and information that you provide or transmit to another in connection with Bay Area Sitters Services, including without limitation all information included in your application. By providing any Content while using the Services, you agree, represent and warrant as follows:
- You are providing accurate, current and complete information in connection with your application for use of the Site and the Services.
- You will submit an application in your own legal name, even if you are seeking care for another individual or family member.
- All Content you provide will be in English as Bay Area Sitters is not currently supported in other languages.
- You are solely responsible for your Content. You will not transmit to other users any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as copyright infringement or computer misuse, or give the impression that any Content emanates from Bay Area Sitters where that is not the case. You will not provide inaccurate, misleading, defamatory or false information to Bay Area Sitters or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to Bay Area Sitters that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you submit.
- You have the right and hereby grant to Bay Area Sitters, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Bay Area Sitters will not infringe or violate the rights of any third party.
- Your use of the Services must be in accordance with any and all applicable laws and regulations.
- Bay Area Sitters is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
Bay Area Sitters does not: (i) guarantee the accuracy, completeness, or usefulness of any information obtained by a third party through or in connection with the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Services. Under no circumstances will Bay Area Sitters or its Affiliates be responsible for any loss or damage resulting from your reliance on information or other content transmitted to or by any user of the Site or Services.
To the maximum extent permitted by law, Bay Area Sitters disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site or Services. Users do hereby represent, understand and agree to hold Bay Area Sitters harmless for any misstatements and/or misrepresentations made by or on behalf of them in any venue.
3.2 Exclusive Use
If you are a Client, you may use Bay Area Sitters only to find care for your children, grandchildren or individuals for whom you are otherwise the legal guardian. If you are a child care provider, you may use Bay Area Sitters only to find jobs for yourself. You are responsible for all activity on and use of the Site and the Services, and you may not assign or otherwise transfer your profile, or other use of the Site or Services to any other person or entity.
3.3 Prohibited Uses
By using the Bay Area Sitters Site or Services, you agree that you will not under any circumstances:
- Use the Site, Services, or any information derived from the Site or the Services in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Scrape or otherwise take from the Site and/or Services, by any means or action, Caregiver or Client information, including but not limited to, names, addresses, phone numbers, or email addresses
- Use the Site or Services for any unlawful purpose, for any purpose not expressly intended by Bay Area Sitters or for the promotion of illegal activities;
- Harass, abuse or harm (or attempt to harass, abuse or harm) another person;
- Claim to be another Bay Area Sitters user, or use the Site or Services on behalf of another user;
- Provide false or inaccurate information when submitting an application to Bay Area Sitters, using the Services, or communicating with other Users;
- Attempt to re-apply with Bay Area Sitters if Bay Area Sitters has terminated you from the Site and/or Services for any or no reason;
- interfere or attempt to interfere with the proper functioning of Bay Area Sitters Site or Services;
- Misuse or misappropriate Site content;
- Make any automated use of the system, or take any action that would impose or potentially impose an unreasonable or disproportionately large load on the Bay Area Sitters servers or network infrastructure;
- Use contacts made by or through Bay Area Sitters for any commercial solicitation purposes;
- Bypass any robot exclusion headers or other measures Bay Area Sitters takes to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Bay Area Sitters or other Users or expose them to liability.
To protect Users from prohibited activity, Bay Area Sitters reserves the right to take appropriate actions, including but not limited to restricting the number of profiles a Client may view or the number of job postings a Caregiver may receive, or any other action as Bay Area Sitters deems appropriate in its sole discretion. Should Bay Area Sitters find that you violated the Terms, Bay Area Sitters reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. Further, in order to protect the integrity of the Site and the Services, Bay Area Sitters reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Bay Area Sitters, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Site for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except to store files automatically cached by your web browser for display or print a reasonable number of pages of the Site for a permitted use.
Background and Verification Checks
4.1 Bay Area Sitters May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By applying as a Client or Caregiver, you authorize Bay Area Sitters, and acknowledge that for purposes of promoting the safety and integrity of its Site and Services, Bay Area Sitters reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your application data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that Bay Area Sitters may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your use of the Site and Services.
You also hereby represent, understand and expressly agree that Bay Area Sitters does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. Bay Area Sitters does not typically communicate the results of a Verification Check to any third party, though Bay Area Sitters reserves the right to do so for law enforcement or other safety-related purposes in its sole discretion.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW BAY AREA SITTERS TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE BAY AREA SITTERS. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
4.2 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless Bay Area Sitters from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Bay Area Sitters does not assume and expressly disclaims, and you hereby agree to release Bay Area Sitters from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that Bay Area Sitters has no obligation to perform Additional Background Checks or Verification Checks on any Users. To the extent Bay Area Sitters performs such checks on certain Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those Users have provided or of their eligibility to use the Services.
Should Bay Area Sitters determine that you are not eligible to use the Services, have violated any terms stated herein or are not suitable for participation as a User, or have misused or misappropriated Site content, including but not limited to use on a “mirrored”, competitive, or third party site, Bay Area Sitters reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Bay Area Sitters Site, to remove your profile from the Site, and/or to terminate your application to Bay Area Sitters, and your use of the Site and Services, with or without notice.
In any event, Bay Area Sitters also reserves the right, in its sole discretion, to terminate your access to all or part of the Bay Area Sitters Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your application to Bay Area Sitters, for any reason or no reason, with or without notice. If Bay Area Sitters terminates your use of the Site and Services, Bay Area Sitters will have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual’s use of the Site or the Services, Bay Area Sitters reserves the right to send a notice thereof to other Users with whom the individual may have corresponded.
Bay Area Sitters decision to terminate an individual’s application and/or to notify other Users with whom it believes the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
Links To External Sites
Links from the Site to external sites or inclusion on the Site of advertisements do not constitute an endorsement by Bay Area Sitters of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience only.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Bay Area Sitters does not control such sites, and is not responsible for their content. Just because Bay Area Sitters has hyperlinks to such sites does not mean that Bay Area Sitters endorses any of the material on such sites, or has any association with the operators of those sites.
Payment & Refund Policy
In order to utilize the Bay Area Sitters Services, the user of such Services or product offerings must pay Bay Area Sitters a fee in the amount set forth on the page which describes the services and in accordance with the provisions below. In addition, the Client is responsible for any state or local sales taxes associated with the Services purchased.
8.1 Billing and Payment
You agree to make payment using that selected payment method. Bay Area Sitters reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your payment method.
If Bay Area Sitters, through the payment processor, does not receive payment from you, you agree to pay all amounts due to Bay Area Sitters on demand. Bay Area Sitters third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Bay Area Sitters third party payment service provider at the election of your credit card issuer. Bay Area Sitters is not responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
If the amount to be charged to your payment method varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Bay Area Sitters shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges.
8.2 Billing and Payment
Your non-termination or continued use of a paid service reaffirms that we are authorized to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid service.
Except as set forth below, all Fees and payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Bay Area Sitters does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account. The applicable Fee is payable to Bay Area Sitters regardless of any issues that may arise between an individual Caregiver and Client.
Release of Liability for Conduct and Disputes
Bay Area Sitters is not an employer of Caregivers. Clients may seek the services of a Caregiver through the use of the Site or Services, and Caregiver may post profiles and submit proposals to Clients regarding their services. However, if a Client agrees on the provision of services from an individual, the Client identifies through any of those Services, such agreement is solely between the Client and the Caregiver; Bay Area Sitters is not a party to any such agreement. Any issues concerning the conduct of a Client or Caregiver including, without limitation, the services received by the Client or payment due to the Caregiver, must be resolved directly by the Client and the Caregiver. Bay Area Sitters will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or the Services, you do hereby represent, understand, and expressly agree to hold Bay Area Sitters harmless for any claim or controversy that may arise from any disputes between you and any Client, Caregiver or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Clients, Caregivers or other Users, particularly if you decide to meet offline. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any Users therein to Bay Area Sitters immediately by notifying Bay Area Sitters of the same via e-mail to info@Bay Area Sitters.com.
Bay Area Sitters is intended for people 18 or over. Clients and Caregivers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Bay Area Sitters will not knowingly collect any information from individuals under 13. You must identify your age during the application process, and Bay Area Sitters does not assume any responsibility for any misrepresentations regarding your age when using this Site. Should Bay Area Sitters determine that you do not meet the age requirements for using the Site or Services, your application and use of the Site and Services will be terminated immediately.
Disclaimer of Warranties
You understand that Bay Area Sitters cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. BAY AREA SITTERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BAY AREA SITTERS NOR ANY PERSON ASSOCIATED WITH BAY AREA SITTERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BAY AREA SITTERS NOR ANYONE ASSOCIATED WITH BAY AREA SITTERS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE BAY AREA SITTERS SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BAY AREA SITTERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. You understand that opinions, advice, statements, offers, or other information or content of Users, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Bay Area Sitters makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with other Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site visitors or Users.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAY AREA SITTERS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, “BAY AREA SITTERS PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE APPLIED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
UNDER NO CIRCUMSTANCES WILL BAY AREA SITTERS AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SERVICES.
BAY AREA SITTERS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE. IN NO EVENT SHALL BAY AREA SITTERS OR ANY BAY AREA SITTERS PARTIES BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO ANY SUCH TREATMENT, ACTION BY OR EFFECT ON ANY PERSON.
By agreeing to these Terms, Users of the Site and Services agree to indemnify, defend and hold harmless Bay Area Sitters and its Affiliates, and the respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns of Bay Area Sitters and its Affiliates, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees), including without limitation costs incurred by Bay Area Sitters and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of or relating to (i) materials and content you submit, post, or transmit through the Site, (ii) any use of the Site’s content, Services and products other than as expressly authorized in these Terms or in violation of any applicable law, or your use of any information obtained from the Site Users further agree that they will cooperate as reasonably required in the defense of such claims. Bay Area Sitters and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Bay Area Sitters. Users further agree to hold harmless Bay Area Sitters and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of, shall be governed by the laws of the State of California without regard to principles of conflicts of law. You agree that any claim or dispute that has arisen or may arise between you and Bay Area Sitters must be resolved exclusively by a state or federal court located in Palo Alto, California. You and Bay Area Sitters agree to submit to the personal jurisdiction, and hereby waive any and all objections to the exercise of jurisdiction over you by, the courts located within Palo Alto, California for the purpose of litigating all such claims or disputes.
Limitation on Bringing Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR ANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Bay Area Sitters of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bay Area Sitters to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
If you have any questions or need further information as to the Site or Services provided by Bay Area Sitters, or need to notify Bay Area Sitters as to any matters relating to the Site or Services please contact Bay Area Sitters at:
Bay Area Sitters, LLC info@Bay Area Sitters.com