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Home Terms of Use and EULA


SITTERCITY TERMS OF USE AND END USER LICENSE AGREEMENT

Last Revised: September 25, 2020

BY DOWNLOADING THE SITTERCITY OR CHIME APP (COLLECTIVELY, THE “APPS”) OR BY
ACCESSING, VIEWING, OR USING THE APPS, THE SITTERCITY OR CHIME WEBSITE (THE
“SITES”) OR ANY TOOLS AND SERVICES PROVIDED IN CONNECTION WITH THE APPS OR THE
SITES (COLLECTIVELY, THE APPS, THE SITES AND ALL RELATED TOOLS AND SERVICES ARE
REFERRED TO AS THE “SERVICE”), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS
AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU OBJECT TO ANYTHING IN
THESE TERMS OF USE, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 35
AND CLASS ACTION WAIVER IN SECTION 35, OR OTHERWISE DO NOT UNDERSTAND OR AGREE
TO BE BOUND BY THESE TERMS OF USE DO NOT USE THE SERVICE AND UNINSTALL THE APPS
IMMEDIATELY.

These terms and conditions and end user license agreement (collectively, “Terms
of Use”) set forth the terms and conditions of Choice Sitter Solutions, LLC
("Sittercity") applicable to your use of the Service. Sittercity encourages you
to read these Terms of Use carefully. For purposes of these Terms of Use,
"Sittercity" means and includes Sittercity and its subsidiaries and its and
their investors, officers, directors, employees, agents, representatives and
assigns. "User" means each person who accesses or uses the Service, including
parents and caregivers, whether or not such User personally installed one or
both of the Apps or created an account.

You understand and agree that Sittercity may revise, modify and/or supplement
these Terms of Use (the “Revised Terms of Use”) at any time. Any Revised Terms
of Use will be effective immediately after notice is sent to you via the
Sittercity internal email system or by such other forms of notice as may be
determined by Sittercity. If you do not agree to the Revised Terms of Use, you
must stop using the Service and close your account (and uninstall the Apps). You
can close your account through the Account Settings page under My Sittercity. By
continuing to use the Service following notice, or by failing to close your
account or uninstall the Apps, you hereby expressly agree to be bound by the
Revised Terms of Use and acknowledge that your continued use of and access to
the Service is valid consideration for the Revised Terms of Use.

If you are a paying member and you close your account due to rejection of the
Revised Terms of Use before your paid membership term has ended, you may seek
reimbursement for the paid pro rata balance of the remaining membership by
calling Sittercity at 888.748.2489, or by emailing support@sittercity.com.


TERMS AND CONDITIONS

1. Privacy Policy. Please refer to the Sittercity Privacy Policy at
https://www.sittercity.com/privacy for information on how Sittercity collects,
uses and discloses information about you.

2. License. Subject to the terms and conditions set forth in these Terms of Use,
Sittercity grants you a personal, nonexclusive, nontransferable license to use
the Service and to download and use the Apps on any mobile device that you own
or control, solely for your personal, noncommercial use except as expressly set
forth herein.

The Service will be in the form and format as determined by Sittercity in its
sole discretion from time to time, and such form and format may limit or
restrict use to certain types of devices at the exclusion of others, and may
have additional licensing terms restricting their use thereto.

Such license is subject to these Terms of Use and except as expressly provided
in these Terms of Use, does not include: (A) any resale or commercial use
(except as expressly set forth herein) of the Service or of any content or
materials contained therein ("Sittercity Content"); (B) modifying or otherwise
making any derivative uses of the Service or any Sittercity Content; (C) use of
any data mining, robots or similar data gathering or extraction methods; (D)
reproducing, distributing, publicly performing or publicly displaying the
Service or the Sittercity Content; (E) reverse engineering or otherwise
attempting to discover any source code; or (F) any use of the Service other than
for its intended purpose. Any use of the Service or the Sittercity Content other
than as specifically authorized herein, without the prior, written permission of
Sittercity, is strictly prohibited and will terminate the license granted
herein. Such unauthorized use may also violate applicable laws, including
without limitation copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in these
Terms of Use shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication or otherwise. This license is
revocable at any time.

3. Location Information; Consent to Use of Data and Mobile Communications. The
Apps may implement a location feature whereby they will automatically collect
your geolocation information if you provide your consent. In such event, the
Apps will use and share such location to enable Users to determine which Users
nearby. Sittercity may also use location information to provide information and
advertising to Users. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR
LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS IN THE APPS
AND/OR ON YOUR DEVICE AND/OR BY UNINSTALLING THE APPS.

You also consent to Sittercity communicating with you about the Service or in
connection with the features, functions and activities contained therein by SMS,
text message, email or other electronic means. Your carrier's normal, messaging,
data and other rates and fees will apply to these communications.

4. The Service Offers a Venue. The Service merely offers tools, resources and a
venue to connect those seeking care services with those seeking to provide care
services. You understand and agree that Sittercity: (A) does not employ,
recommend or endorse any Users and has no control over the acts or omissions of
any Users; (B) is not responsible or liable in any manner for the performance or
conduct of any Users or other third parties online or offline; (C) makes no
representations or warranties about the quality of the services provided by any
User or about your interactions or dealings with other Users; and (D) does not
screen Users or automatically conduct any kind of identity or background checks
except as otherwise expressly stated in these Terms of Use or on the Service.
Regardless of whether Sittercity screens users or performs a background check,
you should exercise caution and perform your own screening before connecting
with anyone through the Service, meeting anyone, engaging Users or accepting
engagements. Sittercity hereby expressly disclaims, and you hereby expressly
release Sittercity from, any and all liability whatsoever for any controversies,
claims, suits, injuries, loss, harm and/or damages arising from and/or in any
way related to the Service or your interactions or dealings with other Users,
including without limitation any acts and/or omissions of Users online or
offline. By using the Service, you acknowledge and agree that you are solely
responsible for your use of the Service and the connections you make and that
ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

5. Transactions Are Between Users; Release. The Service may be used to help
obtain or offer services provided by Users and to facilitate payment for such
services. However, Users transact solely between themselves, and Sittercity is
not a party to any transactions between Users. Sittercity hereby expressly
disclaims, and you hereby expressly release Sittercity and its affiliates from,
any and all liability whatsoever for any controversies, claims, suits, injuries,
loss, harm and/or damages arising from and/or in any way related to disputes,
dealings, or interactions between you and any other Users or third parties.

6. Eligibility. You represent and warrant that you currently meet and will
continue to meet the following eligibility conditions ("Eligibility Conditions")
for as long as you use the Service: (A) you are at least eighteen (18) years
old; (B) you comply with all laws, rules and regulations in connection with your
use of the Service and any services arranged through the Service, including
without limitation legal authorization to work in the jurisdiction in which you
seek to provide or receive services; (C) you have the right, authority and
capacity to enter into these Terms of Use and to abide by all of the terms and
conditions in these Terms of Use; (D) neither you, nor anyone in your home or,
as applicable, the location where care services are provided or received: (i)
has been the subject of a complaint, restraining order or any other legal action
involving violence, abuse, neglect, fraud, larceny, or any offense that involves
endangering the safety of others; (ii) has been convicted of a crime of any
nature, including any felony or misdemeanor of any kind, including without
limitation any sexual, child abuse or domestic violence offenses; and/or (iii)
has been and/or is currently required to register as a sex offender in any
jurisdiction or with any government entity; and (E) neither you, nor anyone in
your home or, as applicable, the location where care services are provided or
received, is currently out on bail or on such person’s own recognizance pending
trial, relating to any felony or misdemeanor charges of any kind, including
without limitation sexual, child abuse or domestic violence offenses.

By using the Service, you understand and agree that Sittercity may rely on the
above Eligibility Conditions representations and warranties as true. You
understand and agree that Sittercity may revise the Eligibility Conditions from
time to time and require new conditions and certifications and that you will
abide by such revised Eligibility Conditions or discontinue using the Service
and uninstall the Apps and you must discontinue use of the Service if at any
time you no longer meet the Eligibility Conditions. If Sittercity becomes aware
of or believes that there are violations of the Eligibility Conditions by any
User or that the User has otherwise provided any false or misleading
information, it may, among other things, suspend and/or terminate such User with
or without notice at its sole discretion. If your account is terminated or
suspended, you agree to make no further use of the Service after termination or
during suspension.

You understand and agree that Sittercity does not routinely verify that any or
all of the Eligibility Conditions are met by any other Users and you further
understand and agree that Sittercity is not responsible for assuring that the
Eligibility Conditions are met or for any failure to suspend, terminate or
prevent the use of the Service by Users who do not meet the Eligibility
Conditions. Except where expressly stated otherwise in these Terms of Use or on
the Service, you understand and agree that you are solely responsible for
conducting any appropriate background checks and obtaining references prior to
engaging another User to perform services. You further understand and agree that
you are solely responsible for making your own evaluations, decisions and
assessments about whether to engage other Users to perform services, accepting
any engagements offered by other Users or otherwise interacting with other
Users. Sittercity hereby expressly disclaims, and you hereby expressly release
Sittercity and its affiliates from, any and all liability whatsoever for any
controversies, claims, suits, injuries, loss, harm or damages arising from or in
any way related to: (x) any inaccuracy, untimeliness or incompleteness of a
User’s Eligibility Conditions; and/or (y) any misstatements or
misrepresentations made by any Users.

Although Sittercity has no obligation to verify the Eligibility Conditions or
conduct any other screenings, verifications or background checks, it reserves
the right to do so in its sole discretion, and you hereby authorize Sittercity
to verify any or all of the above representations and warranties you make or the
other information you provide. Such verification may include, without
limitation, conducting criminal background checks, sex offender registry checks,
motor vehicle records checks, identification verifications, credit checks and/or
using available public records. You consent to any collection, use or disclosure
in order to accomplish such verification. You agree that Sittercity may take
such action as it deems appropriate in its sole discretion, including without
limitation suspending and/or terminating your account, should it determine, in
its sole discretion, that you have violated any representation or warranty or
any other provision of these Terms of Use or it otherwise determines in its sole
discretion that such suspension or termination is appropriate for any reason. In
the event of any suspension or termination, you agree to make no further use of
the Service after termination or during suspension.

7. No Professional Advice; Information Only. Any information, materials, content
and/or advice provided through the Service, whether by Sittercity, Users or
third parties, including without limitation the Sittercity blogs, including
without limitation at https://www.sittercity.com/parents,
https://www.sittercity.com/sitters, the Sittercity Facebook pages, including
without limitation at www.facebook.com/sittercity and
www.facebook.com/sittercity.dod, the Sittercity Twitter account, including
without limitation at www.twitter.com/sittercity, the Sittercity Instagram
account, including without limitation at www.instagram.com/sittercity, the
Sittercity Pinterest account, including without limitation at
www.pinterest.com/sittercity and the Sittercity LinkedIn account, including
without limitation at https://www.linkedin.com/company/sittercity, are for
informational purposes only. Before starting a project or activity listed in the
Compendium, please see the Activity Safety Guide for information about the safe
performance of the projects and activities in the Compendium. If you have
specific concerns or a situation arises requiring professional advice, you
should consult with an appropriately trained and qualified professional.
Sittercity hereby expressly disclaims, and you hereby expressly release
Sittercity and its affiliates from, any and all liability whatsoever for any
controversies, claims, suits, injuries, losses, harms and/or damages arising
from and/or in any way related to the information, materials and content
provided through the Service, including without limitation on the Compendium,
Blog, Facebook pages, Twitter account, Instagram account, Pinterest account, and
LinkedIn account.

8. Use of the Service. You agree to use the Service in a manner that is lawful,
relevant and proper to the applicable forum. Any use of the Service that
Sittercity, in its sole discretion, finds inappropriate or offensive or contrary
to these Terms of Use may result in suspension or termination of your account
with or without notice. Sittercity reserves the right to suspend or terminate
your account with or without notice at any time in its sole discretion, for any
reason or no reason. In the event of any suspension or termination, you agree to
make no further use of the Service after termination or during suspension.

You understand and agree not to, and not to permit or encourage anyone else to,
do any of the following in connection with the Service:

 * Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal
   rights (including without limitation rights of privacy and publicity) of
   others;
 * Publish, post, upload, distribute or disseminate any profane, defamatory,
   infringing, hateful, distasteful, obscene or unlawful topic, name,
   information, materials or content;
 * Use the Service or engage with other Users for any purpose that is in
   violation of local, state, national, or international law, rule or
   regulation, including without limitation wage and hour and working condition
   laws and regulations;
 * Upload files that contain software or other material that violates the rights
   of any third party, including without limitation intellectual property rights
   or rights of privacy or publicity;
 * Upload files that contain viruses, Trojan horses, worms, time bombs, spiders,
   cancel bots, corrupted files, or any other similar software, malware or
   materials that may damage, interfere with, disrupt, impair, disable or
   otherwise overburden the operation of any device, computer system or network;
 * Take any action that would undermine any aspect of the Service or use the
   Service in any manner that could interfere with, disrupt, or inhibit other
   users from fully enjoying the Service or that could damage, disable,
   overburden or impair the functioning of the Service in any manner;
 * Attempt to gain unauthorized access to the Service, other User accounts, or
   other device, computer system or networks connected to the Service;
 * Harvest or otherwise collect information about Users without their consent;
 * Advertise or offer to sell any goods or services for any commercial purpose
   (except as expressly set forth herein) on the Service that are not
   appropriate or relevant to the Service;
 * Conduct or forward pyramid schemes, chain letters, surveys or contests on or
   through the Service, except where sponsored or created by Sittercity;
 * Impersonate another person or allow any other person or entity to use your
   user name, password or membership;
 * Post the same content repeatedly or spam - spamming is strictly prohibited;
 * Download any file posted by another User that you know, or reasonably should
   know, cannot be legally distributed through the Service;
 * Access, download, or copy any information, content and/or materials from the
   Service through artificial means (including without limitation spiders,
   scrapers, hacking devices, computer programs, bots or other such means);
 * Reproduce, duplicate, copy, sell, re-sell or exploit any information,
   materials or content on the Service; and/or
 * Restrict or inhibit any other User from using and enjoying the Service.

Sittercity reserves all of its rights under the Communications Decency Act,
including without limitation its right to remove anything objectionable to
Sittercity in its sole discretion. You may report any alleged improprieties by
any User to Sittercity by email at support@sittercity.com. However, enforcement
of these Terms of Use is solely at Sittercity's discretion, and failure to
enforce in some instances does not constitute a waiver of Sittercity’s right to
enforce in other instances. In addition, these Terms of Use do not create any
private right of action on the part of any User or third party or any reasonable
expectation that the Service will not contain any content or conduct that is
prohibited by such Terms of Use.

9. Account Security. You are responsible for maintaining the confidentiality of
passwords and account information for the Service, and you are fully responsible
for all activities that occur under your account. You agree to immediately
notify Sittercity of any unauthorized use of accounts or any other breach of
security.

10. Third-Party Services and Content. The Service may contain links or otherwise
contain or provide access to third-party products, services, websites,
advertisers, applications, information, and content (collectively, “Third-Party
Services and Content”), which access is provided solely for convenience. For
example, the Service may provide access to a third-party payment processing
service that enable caregivers to collect payments through the Service from
parents who engage them and may make third-party content available through the
Service, such as in the Facebook pages, Blog and Twitter account. You understand
and agree that such Third-Party Services and Content are not provided by
Sittercity, and Sittercity does not control or endorse and does not make any
representations or warranties regarding such Third-Party Services and Content.
YOU UNDERSTAND AND AGREE THAT USE OF SUCH THIRD-PARTY SERVICES AND CONTENT IS AT
YOUR OWN RISK, THAT SITTERCITY TERMS OF USE AND POLICIES DO NOT APPLY TO SUCH
THIRD-PARTY SERVICES AND CONTENT, AND THAT SITTERCITY IS NOT RESPONSIBLE FOR THE
PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD-PARTY SERVICES AND
CONTENT OR FOR THE ACCURACY, COMPLETENESS, SAFETY OR QUALITY OF THE THIRD-PARTY
SERVICES AND CONTENT. YOU SHOULD CAREFULLY REVIEW ANY APPLICABLE TERMS AND
POLICIES THAT APPLY TO ANY THIRD-PARTY SERVICES AND CONTENT. SITTERCITY IS NOT
RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD-PARTY SERVICES AND CONTENT,
OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND
SITTERCITY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE
SITTERCITY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS,
SUITS, INJURIES, LIABILITIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY
RELATED TO SUCH THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION
RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT,
MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES.

11. User Content. "User Content" is defined as any information, content,
messages, photos, and/or materials a User posts on or through the Service,
submits to Sittercity and/or submits to any other User on or through the Service
or by any other medium or method. Sittercity acts as a passive conduit for User
Content, and Users, not Sittercity, are solely responsible for the User Content
they post, submit or transmit through the Service. User Content, including
without limitation in connection with registration and Users' profiles, is
self-reported and you understand and agree that Sittercity does not
independently verify that any or all of the User Content is accurate,
appropriate, timely or complete. You understand and agree that you make your own
decisions and assessments about User Content and about persons to engage or
engagements to accept. Sittercity hereby expressly disclaims, and you hereby
expressly release Sittercity from, any and all liability whatsoever for any
controversies, claims, suits, injuries, harm, loss and/or damages, arising from
and/or in any way related to any User Content, including without limitation to
any acts of or reliance upon other Users with respect to such User Content
and/or any comments made by User about others.

You represent and warrant that you are the owner or licensee or otherwise have
the right to post or submit such User Content, and you grant to Sittercity an
irrevocable, perpetual, non-exclusive, fully paid, worldwide, sublicensable
license to use, copy, perform, display, reproduce, adapt, modify, prepare
derivative of, and distribute such User Content and to incorporate such User
Content into other works.

You agree that you are solely responsible for any User Content you post or
submit, and you represent and warrant that any User Content: (A) shall not be
inaccurate, untimely, incomplete, fraudulent or misleading, including without
limitation in connection with registration, your profile and/or use of the
Service; (B) shall not infringe any third party's rights, including without
limitation copyright, patent, trademark, trade secret or other propriety right
or rights of publicity or privacy; (C) shall not violate any law, statute,
ordinance, rule or regulation, including without limitation those governing
export control, consumer protection, unfair competition, anti-discrimination,
false advertising or the provision of child care, elder care or health care; (D)
shall not be defamatory, libelous, threatening, harassing, abusive, or
inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive
or contain pornography or be harmful to minors; (F) shall not contain any
viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted
files, or any other similar software, malware or materials that may damage,
interfere with, disrupt, impair, disable or otherwise overburden the operation
of any device, computer system or network; and (G) shall not create liability
for Sittercity or cause Sittercity to lose (in whole or in part) the services of
the Sittercity ISPs or other partners or suppliers. Sittercity may, but is not
obligated to, review or delete any User Content that, in Sittercity's sole
discretion, violates these Terms of Use.

Although Sittercity has no obligation to screen, edit or monitor User Content,
Sittercity reserves the right, and has absolute discretion, to remove, screen or
edit User Content or suspend or terminate your account for any reason or for no
reason, including if it believes that any User Content violates any of the
foregoing rules. You agree to make no further use of the Service during
suspension or after termination. Enforcement of the User Content rules set forth
in these Terms of Use is solely at Sittercity's discretion, and failure to
enforce such rules in some instances does not constitute a waiver of
Sittercity’s right to enforce such rules in other instances. In addition, these
rules do not create any private right of action on the part of any third party
or any reasonable expectation that the Service will not contain any content that
is prohibited by such rules.

Although Sittercity has no obligation to do so, Sittercity reserves the right,
and has absolute discretion, to remove, screen or edit User Content posted or
stored on the Service at any time and for any reason without notice, and you are
solely responsible for creating backup copies of and replacing User Content you
post or store on the Service at your sole cost and expense.

12. Payment Services. Sittercity may offer access to a Third-Party Service that
provides Users with the ability to process payments for their services through
the Service (the “Payment Service”). Braintree, a division of PayPal, Inc.
(“Braintree”) is the provider of these Payment Services. In order for Users to
use Braintree’s Payment Service, they must enter into the Commercial Entity User
Agreement (“CEA”) with Braintree and its sponsoring bank. The CEA is available
here https://www.braintreepayments.com/legal/cea-wells. By using the Payment
Service to process payment for your services, you agree: (a) that you have
downloaded or printed the CEA; and (b) that you have reviewed and agree to the
CEA. Please note that Sittercity is not a party to the CEA and that the
caregiver, Braintree and Braintree’s sponsoring bank are the three parties to
the CEA. Sittercity and its affiliates have no obligations or liability to you
of any kind under the CEA. If you have questions regarding the CEA, please
contact Braintree at support@braintreepayments.com.

13. Consumer Reports. Sittercity may utilize or make available to through the
Service third-party consumer reporting agencies that perform, among other
things, criminal records checks, sex offender registry checks, motor vehicle
records checks and identification verifications (collectively, “Consumer
Reports”), but, unless otherwise expressly stated in these Terms of Use or
through the Service, Sittercity does not automatically run Consumer Reports on
any Users. Sittercity does not provide, and is not responsible or liable in any
manner for, the Consumer Reports, and it does not endorse or make any
representations or warranties regarding the reliability of such Consumer Reports
or the accuracy, timeliness or completeness of any information in the Consumer
Reports. Nor does Sittercity independently verify information in the Consumer
Reports.

You hereby consent to the collection, use and disclosure of the information in
the Consumer Reports. You understand and agree that Sittercity may, in its sole
discretion, review and rely on the information in the Consumer Reports in
deciding whether to suspend or terminate a User or to investigate a complaint
about a User, but that Sittercity and its affiliates shall not be responsible or
liable in any way in the event that any information in the Consumer Reports
about any person, including without limitation you or any other User, is not
accurate, timely or complete. If you are the subject of a Consumer Report, you
may contact the applicable third-party consumer reporting agency to dispute the
accuracy, timeliness or completeness of such information. Sittercity reserves
the right to suspend and/or terminate you or other Users based on information in
the Consumer Reports or for any other reason, or no reason, in Sittercity’s sole
discretion.

Note the following limitations in Consumer Reports: Except as otherwise
expressly provided in these Terms of Use or through the Service, Sittercity does
not automatically run Consumer Reports on any Users. Records not available to
third-party consumer reporting agencies will not be included in the results. Not
all arrest logs and records, conviction and correction records, sex offender
registries and motor vehicle records are available in all jurisdictions. In many
jurisdictions there is a delay before arrest logs and records, conviction and
correction records, sex offender registries and motor vehicle records are
included in Consumer Reports. Juvenile records and offenses for minors may not
appear in the public record and are therefore not included in the results.
Dismissed cases, arrests not resulting in convictions, arrests or convictions
from foreign countries and nolle pros will not be reported. Traffic violations
are not included unless a jurisdiction reports them as criminal offenses. In the
jurisdictions where traffic violations are reported as criminal offenses, such
traffic violations may be included in the results as misdemeanors or felonies.

14. Fair Credit Reporting Act. If you obtain Consumer Reports that are governed
by the Fair Credit Reporting Act, 15 USC 1681 ("FCRA") through the Service, you
hereby represent and warrant that you will comply with the FCRA, which can be
found at: https://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov in
connection with your use of such Consumer Reports. The third-party consumer
reporting agency responsible for the Consumer Reports provides a summary of FCRA
rights for Users who authorize such Consumer Reports, and the third-party
consumer reporting agency responsible for the Consumer Reports also provides
notice when Users are terminated based on information in such Consumer Reports.
You agree to comply with any applicable provisions of the FCRA relevant to you
at all times. Sittercity hereby expressly disclaims, and you hereby expressly
release Sittercity and its affiliates from, any and all liability whatsoever for
any controversies, claims, suits, injuries, loss, harm and/or damages, arising
from and/or in any way related to the Consumer Reports.

15. Paid Memberships. Access to certain services and features of the Service
require a paid membership (“Paid Membership”). Upon registration for a Paid
Membership, you agree to pay Sittercity the applicable membership fees at the
prices then in effect, and you authorize Sittercity to charge your chosen
payment method in connection therewith. Sittercity reserves the right to correct
any payment errors even if it has already requested and/or received payment.

Sittercity may use third-party payment processing services to process credit
card payments and information in connection with the payment of membership fees
and other amounts payable in connection with the Service. Sittercity hereby
expressly disclaims, and you hereby expressly release Sittercity and its
affiliates from, any and all liability whatsoever for any controversies, claims,
suits, injuries, loss, harm and/or damages arising from and/or in any way
related to Sittercity’s use of third-party payment processing services,
including without limitation for any damage that may result should any such
information be released to any third parties. For further information about
Sittercity’s use of payment processing services, please contact Sittercity by
email at support@sittercity.com.

Sittercity may offer limited-time, free trial memberships or other promotions
from time to time. In some cases, which will be disclosed at the time of
sign-up, these promotions may automatically convert to Paid Memberships if you
do not cancel within a designated time frame. In such instances, if you continue
your membership after the end of the free trial or promotional period, you will
be charged the price then in effect. To avoid such charges, you must cancel your
membership prior to the end of the free trial or promotional period by calling
Sittercity at 888.748.2489, by emailing at support@sittercity.com, or through
your account settings.

16. Automatic Renewal and Cancellation. Paid Memberships and some paid features
(“Features”) may be automatically extended for successive renewal periods of the
same duration as the Paid Membership and/or Feature term originally selected (as
indicated at the time of sign-up). IF YOU SIGN UP FOR A PAID MEMBERSHIP OR
FEATURE THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF SUCH
PAID MEMBERSHIP OR FEATURE WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM
UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM BY CALLING
SITTERCITY AT 888.748.2489, BY EMAILING AT SUPPORT@SITTERCITY.COM OR THROUGH
YOUR ACCOUNT SETTINGS. At or near the time of each renewal, you authorize
Sittercity to charge your selected payment method the then-current, applicable
fee in accordance with the Paid Membership or Feature you selected. Upon
cancellation, you will have access to the Paid Membership and/or Feature
benefits until the end of the then current Paid Membership and/or Feature term,
and the Paid Membership and/or Feature will not be renewed after that term
expires. You will not be eligible for a refund of any portion of the Paid
Membership and/or Feature fees paid for the then-current Paid Membership and/or
Feature period, except as expressly provided in these Terms of Use. Sittercity
is not responsible for and will not reimburse any fees incurred by you from your
bank or other financial institution, including without limitation overdraft
charges, insufficient funds charges, interest charges, or finance charges, which
may have occurred as a result of charges billed by Sittercity.

17. Ancillary Support Services. Sittercity may offer ancillary support services,
including without limitation concierge services, date night services and phone
support services (collectively, “Ancillary Support Services”). Ancillary Support
Services, including telephone and/or email communications with Sittercity and
the subsequent receipt, acceptance and/or use of information in connection with
Ancillary Support Services, are subject to these Terms of Use, and each use of
Ancillary Support Services, including telephone communications with Sittercity
and the subsequent receipt, acceptance and/or use of information in connection
with Ancillary Support Services, whether by phone, email, or other medium or
method, also constitutes a use of the Service subject to these Terms of Use.
Sittercity provides Ancillary Support Services for informational purposes only
and does not deliver any professional advice, recommendation, endorsement,
direction or guidance. You further understand and agree that fees paid in
connection with the Ancillary Support Services, if any, are for the delivery of
information only and not for any advice, recommendation, endorsement, direction
or guidance. Your receipt, acceptance and/or use of any information in
connection with Ancillary Support Services is your further express understanding
and agreement to be bound by these Terms of Use, including without limitation
all limitations, disclaimers, releases and indemnities in these Terms of Use.
You understand and agree that any transaction with another User following the
receipt, acceptance and/or use of information is a transaction between Users and
not with Sittercity. ANCILLARY SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” “AS
AVAILABLE” BASIS. SITTERCITY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY
EXPRESSLY RELEASE SITTERCITY AND ITS AFFILIATES FROM, ANY AND ALL LIABILITY
WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARMS, LOSSES AND/OR
DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE USE OF OR INABILITYTO USE
THE ANCILLARY SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION THE RECEIPT,
ACCEPTANCE AND/OR USE OF INFORMATION IN CONNECTION WITH ANCILLARY SUPPORT
SERVICES.

18. Prohibited Uses. The Service is for the use of individuals only and may not
be used in connection with any commercial endeavors (other than the direct
employment of caregivers) without the express written consent of Sittercity. The
Service may not be used by any person or organization to recruit for another
website or service or to solicit, advertise, or contact others for employment,
contracting, or any other purpose for a business not affiliated with Sittercity
without express written permission from Sittercity. You agree not to use User
Content in order to contact, advertise, solicit, or sell to others without their
express consent.

You further agree not to collect User Content or any other information,
materials or content obtained through the Service, including without limitation
names, phone numbers, email addresses, profiles, copyrighted text, or job
listings, or otherwise misuse or misappropriate information, materials or
content, or any information obtained through use of the Service, using manual or
automated means, including without limitation though web scraping, without
express written permission from Sittercity. Should Sittercity have a reasonable
basis to believe that you violated this section, Sittercity reserves the right,
in addition to other remedies and at its sole discretion, to assess a $10,000
daily penalty fee for scraping and/or recruiting.

19. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
SITTERCITY AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING
REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY SITTERCITY OR ITS
AFFILIATES IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ONLINE AND
OFFLINE; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER
USERS; (D) USE AND/OR MISUSE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY
INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE SERVICE;
(E) VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (F) INACCURATE,
UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION
WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION
SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (G) MISSTATEMENTS AND/OR
MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR AGE AND YOUR
OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; (H) USE OF THIRD-PARTY SERVICES
AND CONTENT; (I) USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH
USER CONTENT; (J) USE OF ANY INFORMATION IN THE CONSUMER REPORTS INCLUDING
WITHOUT LIMITATION IN VIOLATION OF FCRA; (K) USE OF THE PAYMENT SERVICE; (L) USE
OF ANCILLARY SUPPORT SERVICES; (M) CONDUCT IN CONNECTION WITH THE USE OF THE
SERVICE OR ANY CONNECTIONS MADE THROUGH THE SERVICE; AND/OR (N) USE OF ANY
SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON
INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SERVICE. YOU
FURTHER AGREE THAT YOU WILL COOPERATE AS REQUESTED BY SITTERCITY IN THE DEFENSE
OF SUCH CLAIMS. SITTERCITY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION
BY USERS, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY SUCH CLAIM OR MATTER
WITHOUT THE WRITTEN CONSENT OF SITTERCITY.

20. Release. IF PERMITTED BY LAW, YOU ALSO AGREE TO RELEASE SITTERCITY AND ITS
AFFILIATES FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS,
SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO
SITTERCITY’S OWN NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE
RELATING TO:

 * A. ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER'S ELIGIBILITY
   CONDITIONS;
 * B. ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS;
 * C. SITTERCITY CONTENT AND ANY OTHER INFORMATION, MATERIALS AND CONTENT
   OBTAINED THROUGH USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ON THE
   COMPENDIUM, BLOG, FACEBOOK PAGES, TWITTER ACCOUNT, APP STORE AND IN THE APPS;
 * D. THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO
   AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS,
   ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES;
 * E. USER CONTENT, INCLUDING WITHOUT LIMITATION ANY ACTS OF OR RELIANCE UPON
   OTHER USERS WITH RESPECT TO SUCH USER CONTENT AND/OR ANY COMMENTS MADE BY A
   USER ABOUT OTHERS;
 * F. CONSUMER REPORTS; AND/OR
 * G. THE USE OF OR INABILITY TO USE THE ANCILLARY SUPPORT SERVICES, INCLUDING
   WITHOUT LIMITATION THE RECEIPT, ACCEPTANCE AND/OR USE OF INFORMATION IN
   CONNECTION WITH ANCILLARY SUPPORT SERVICES.

This release does not include claims, suits, injuries, loss, harm or damages
arising from Sittercity’s gross negligence or willful tortious conduct.

21. Suspension and Termination. Sittercity may suspend and/or terminate your
account for any reason or for no reason at all and with or without notice at
Sittercity's sole discretion. Suspension and/or termination may include
restricting access to and use of the Service and may also include the deletion
of the content associated with your account. You agree to make no further use of
the Service or the Sittercity Content during suspension or after termination.
Sittercity reserves the right, but does not undertake any duty, to take
appropriate legal action, including without limitation the pursuit of civil,
criminal and/or injunctive redress against you for continuing to use the Service
or the Sittercity Content during suspension or after termination, and you agree
that Sittercity may recover its reasonable attorneys’ fees and court costs from
you for such actions. Even while your membership is suspended and after it is
terminated, these Terms of Use will remain enforceable against you. All other
terms that by their nature may survive suspension and/or termination of these
Terms of Use shall also be deemed to survive such suspension and/or termination.



22. Intellectual Property Rights of Service. Except for the license expressly
granted in these Terms of Use, you are not granted any rights in or to the
Service by implication, estoppel, or other legal theory, and all rights in and
to the Service not expressly granted in these Terms of Use are hereby reserved
and retained by Sittercity. The Service, the Sittercity Content, and all
information, materials, tools, code and content contained therein, including
without limitation all text, graphics, logos, editorial content, data,
formatting, graphs, designs, HTML, look and feel, photographs, music, sounds,
images, software, videos, designs, typefaces, source and object code, format,
directories, queries, algorithms, structure, organization, and other content
(collectively "Proprietary Material"), are owned by Sittercity or its licensors
or users and is protected by U.S. and international copyright law. This
Proprietary Material is protected in all forms, media and technologies now known
or hereinafter developed. Sittercity also owns the coordination, selection,
arrangement and enhancement of such Proprietary Material as a collective work
and/or compilation under the United States Copyright Act, as amended. You may
not copy, download, use, redesign, reconfigure, or retransmit anything from the
Service without Sittercity's prior express written permission. Furthermore, you
are not allowed to post, distribute or reproduce any User Content that they do
not own, or which they do not have permission to use. Violation of this policy
may result in copyright, trademark or other intellectual property rights
violations and liability, and subject you to termination or suspension from the
Service and/or civil and/or criminal penalties. In addition, the Service
contains material protected by the domestic and international laws of copyright,
patents, and other proprietary rights and laws. Any use of such Proprietary
Material, other than as permitted herein, is expressly prohibited without the
prior permission of Sittercity and/or the relevant right holder. The service
marks, trademarks, logos and trade names appearing on this Service are owned by
Sittercity or are appearing on the Service with permission of the respective
owners, and you acknowledge the rights of Sittercity and the respective third
parties therein. You may not copy or use any of these service marks, trademarks,
logos or trade names without the prior written permission of the owner.

23. Copyright Complaints and Copyright Agent. Repeat Infringer Policy: In
accordance with the Digital Millennium Copyright Act ("DMCA") and other
applicable law, Sittercity has adopted a policy of terminating, in appropriate
circumstances and at Sittercity's sole discretion, members who are deemed to be
repeat infringers. Sittercity may also at its sole discretion limit access to
the Service and/or terminate the accounts of anyone who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.

Copyright Complaints: Without limiting the foregoing, owners of copyrighted
works who believe that their rights under copyright law have been infringed may
take advantage of certain provisions of the DMCA to report alleged
infringements. If you believe that your work has been copied and posted on or
made accessible through the Service in a way that constitutes copyright
infringement, please provide Sittercity's designated agent (as set forth below)
with the following information:

 * An electronic or physical signature of the owner of the copyright or the
   person authorized to act on behalf of the owner of the copyright interest;
 * A description of the copyrighted work or other intellectual property that is
   claimed to have been infringed, including the URL (Internet address) or other
   specific location within the Service where the infringing material is
   located. Include enough information to allow Sittercity to locate the
   material;
 * Your address, telephone number, and email address;
 * A statement by you that you have a good faith belief that the disputed use is
   not authorized by the copyright or intellectual property owner, its agent, or
   the law; and
 * A statement by you, made under penalty of perjury, that the information in
   your notice is accurate, and that you are the copyright or intellectual
   property owner or authorized to act on the copyright or intellectual property
   owner's behalf.

Designated Agent:

Name of Agent Designated to Receive Notification of Claimed Infringement: Jeremy
Gottschalk, General Counsel

Full Address of Designated Agent to Which Notification Should Be Sent: 231 S.
LaSalle St., Suite 2100, Chicago, IL 60604

Telephone Number of Designated Agent: 1-888-SIT-CITY

Facsimile Number of Designated Agent: 1-312-275-7992

Email Address of Designated Agent: copyright@sittercity.com

24. Notice of Availability of Filtering Software. Pursuant to the Communications
Decency Act, all Users are hereby informed by Sittercity, the provider of this
interactive computer service, that parental control protections (such as
computer hardware, software, or filtering services) are commercially available
that may assist in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available at
Stop Think Connect, www.stopthinkconnect.org, and Safety.com, www.safety.com, or
in the following Web directories: Internet Blocking and Filtering Software or
Filtered Access.

25. U.S. Export Controls. No part of the Service may be exported or re-exported
into any country to which the U.S. has embargoed goods or to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By using the Service, you represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.

26. No Third-Party Beneficiaries. Except as otherwise expressly provided in
these Terms of Use, there shall be no third-party beneficiaries to these Terms
of Use.

27. Modifications to the Service. Sittercity reserves the right in its sole
discretion to review, improve, modify or discontinue, temporarily or
permanently, the Service and/or any features, information, materials or content
on the Service with or without notice to you. You agree that Sittercity shall
not be liable to you or any third party for any modification or discontinuance
of the Service or any portion thereof.

28. No Joint Venture. You acknowledge that you are not legally affiliated with
Sittercity in any way, and no independent contractor, partnership, joint
venture, employer-employee or franchiser-franchisee relationship is intended or
created by your use of the Service or these Terms of Use. As such, you shall not
have, or hold out to any third party as having, any authority to make any
statements, representations or commitments of any kind, or to take any action,
that shall be binding on Sittercity, except as provided herein or authorized in
writing by Sittercity. Sittercity is not an employment service or agency, does
not serve as an employer of Users and does not recruit Users for employment,
secure employment for Users or evaluate or test Users for employment purposes.

29. Limitations on Use. In the interest of maintaining the performance and
availability of the Service and in enforcing these Terms of Use, Sittercity
reserves the right to place certain limitations on your access to the Service at
any time and for any reason. You acknowledge and agree that this term supersedes
any specific offer made by Sittercity and that these limitations may be enforced
in Sittercity's sole discretion. If you feel that these limitations are
interfering with legitimate use of Sittercity in keeping with the Terms of Use,
you shall refer this concern to Sittercity and abide by the determination of
Sittercity.

30. Third-Party Sponsors. If your Paid Membership to and use of the Service is
paid for or subsidized or sponsored by a third party, including without
limitation your employer (collectively, “Third-Party Sponsor”), then you agree
to the following:

(A) Release of Third-Party Sponsor. You expressly agree to release Third-Party
Sponsor from any and all liability whatsoever for any controversies, claims,
suits, injuries and/or damages arising from and/or in any way related to: (i)
the Service, including without limitation any acts and/or omissions of Users in
any way using or having used the Service, and/or on or off the Sites; (ii)
disputes between Users; (iii) any inaccuracy, untimeliness or incompleteness of
a User’s Eligibility Conditions; (iv) any inaccuracy, untimeliness or
incompleteness of information in any of the Consumer Reports or misstatements
and/or misrepresentations made by any Users; (v) third-party websites, including
without limitation such websites’ availability, terms of use, privacy policy,
information, content, materials, advertising, products and/or services; (vi) any
misrepresentations regarding the age of any User; (vii) any User Content,
including without limitation to any acts of or reliance upon other Users with
respect to such User Content and/or any comments made by User about others;
(viii) the use and sharing of any information in the Consumer Reports; (ix)
Sittercity Content and any other information, materials and content on the Sites
and/or obtained through use of the Services, including without limitation on the
Compendium, Blog, Facebook pages, Twitter account, App Store and in the Apps; or
(x) the use of Ancillary Support Services.

(B) Indemnification of Third-Party Sponsor. You agree to indemnify, defend, and
hold harmless any Third-Party Sponsors, including without limitation Bright
Horizons Family Solutions LLC, from and against any and all claims, demands,
causes of action, losses, expenses, damages and/or liabilities, including
reasonable attorneys’ fees and court costs, incurred by Third-Party Sponsor in
any way related to your: (i) acts and/or omissions on or off the Sites or
through any use of the Service; (ii) breach of these Terms of Use; (iii)
disputes with or between other Users; (iv) use and/or misuse of the Service,
including without limitation any information, content and/or materials on the
Sites, Apps and/or provided through the Service; (v) violation of any applicable
law or regulation; (vi) inaccurate, untimely, incomplete or misleading User
Content, including without limitation with respect to registration, profile,
Eligibility Conditions and information submitted in connection with Consumer
Reports; (vii) misstatements and/or misrepresentations; (viii) use of links to
third-party websites, including without limitation such websites’ availability,
terms of use, privacy policy, information, content, materials, advertising,
products and/or services; (ix) User Content and any acts or omissions with
respect to such User Content; (x) use of any information in the Consumer
Reports; (xi) use of third-party payment processing services; (xii) use of any
services or products or any contracts or arrangements made or provided based on
information, content and/or materials obtained on or through the Sites and/or
through any use of the Service; and/or (xiii) the use of Ancillary Support
Services. You further agree that you will cooperate as requested by Third-Party
Sponsor in the defense of such claims. Third-Party Sponsor reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you shall not, in any event,
settle any such claim or matter without the written consent of Third-Party
Sponsor.

(C) Third-Party Sponsor Disclaimer of Warranties. THIRD-PARTY SPONSOR DOES NOT
REPRESENT OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED
WITH, THE FOLLOWING: (I) THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE; (II) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR
THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (III) THE
PROPER CONDUCT, WHETHER ON OR OFF THE SITES OR THROUGH ANY USE OF THE SERVICE,
OF ANY USERS; AND (IV) THE USE OF PHONE SUPPORT SERVICES. THIRD-PARTY SPONSOR
DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN
HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER
SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT,
IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER
SYSTEM OR NETWORK. THIRD-PARTY SPONSOR CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT USER CONTENT WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED
OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. THIRD-PARTY SPONSOR SHALL
NOT BE LIABLE FOR, AND YOU EXPRESSLY RELEASE THIRD-PARTY SPONSOR FROM, ANY
CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARMS, LOSSES AND/OR DAMAGES ARISING
FROM THE USE OR INABILITY TO USE THE SERVICE.

(D) Third-Party Sponsor Limitation of Liability. UNDER NO CIRCUMSTANCES WILL
THIRD-PARTY SPONSOR BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES.

31. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
THE SERVICE AND SITTERCITY CONTENT ARE PROVIDED ON AN "AS IS" “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE
SERVICE IS AT YOUR SOLE RISK. SITTERCITY DOES NOT REPRESENT, OR WARRANT, AND
FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT
ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY
INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE
RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE; (C) THE CONDUCT OF ANY USERS
ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE
CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE
UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION;
AND/OR (E) THE USE OF ANCILLARY SUPPORT SERVICES. SITTERCITY DOES NOT REPRESENT
OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME
BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE,
MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE
OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK.
SITTERCITY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR
INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED
BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. SITTERCITY HEREBY EXPRESSLY
DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE SITTERCITY AND ITS AFFILIATES FROM,
ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES
OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR SITTERCITY
CONTENT.

32. Assumption of Risk. You assume all risks when using the Service, including
without limitation all of the risks associated with interactions with other
Users. You agree to take all necessary precautions when interacting with other
Users.

33. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SITTERCITY OR ITS
AFFILIATES BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF OR INABILITY TO USE THE SERVICE OR SITTERCITY CONTENT.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF
SITTERCITY OR ITS AFFILIATES TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY
YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR
CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SITTERCITY’S OR
ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.

34. Notice. Any notice or other communication to be given hereunder shall be in
writing and given by facsimile, postpaid registered or certified mail, return
receipt requested, or electronic mail to the address listed below.

35. Dispute Resolution; Binding Arbitration.

Please read the following section carefully because it requires you to arbitrate
certain disputes and claims with Sittercity and limits the manner in which you
can seek relief from us, unless you opt out of arbitration by following the
instructions set forth below. No class or representative actions or arbitrations
are allowed under this arbitration provision. In addition, arbitration precludes
you from suing in court or having a jury trial.

(a) No Representative Actions. You and Sittercity agree that any dispute arising
out of or related to these Terms or our Services is personal to you and
Sittercity and that any dispute will be resolved solely through individual
action, and will not be brought as a class arbitration, class action or any
other type of representative proceeding.

(b) Arbitration of Disputes. Except for small claims disputes in which you or
Sittercity seeks to bring an individual action in small claims court located in
the county of your billing address or disputes in which you or Sittercity seeks
injunctive or other equitable relief for the alleged infringement or
misappropriation of intellectual property, you and Sittercity waive your rights
to a jury trial and to have any other dispute arising out of or related to these
Terms of Use or the Service, including claims related to privacy and data
security, (collectively, “Disputes”) resolved in court. Instead, either party
may submit a Dispute to binding arbitration administered by the American
Arbitration Association (“AAA”). All Disputes submitted to AAA will be resolved
through confidential, binding arbitration before one arbitrator. Any in-person
arbitration proceedings will be held in Chicago, Illinois unless you are a
consumer, in which case you may elect to hold any in-person arbitration
proceedings in your county of residence. For purposes of this Section 35, a
“consumer” means a person using the Service for personal, family, or household
purposes. You and Sittercity agree that the arbitration will be conducted in
accordance with the AAA Consumer Arbitration Rules (“AAA Consumer Rules”) if you
are a consumer, see https://adr.org/consumer, and otherwise in accordance with
the applicable AAA rules. The most recent versions of AAA rules are available on
the AAA website and are hereby incorporated by reference. You either acknowledge
and agree that you have read and understand the AAA rules or waive your
opportunity to read the AAA rules and waive any claim that the AAA rules are
unfair or should not apply for any reason.

(c) You and Sittercity agree that these Terms of Use affect interstate commerce
and that the enforceability of this Section 35 will be substantively and
procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the
“FAA”), to the maximum extent permitted by applicable law. As limited by the
FAA, these Terms of Use and the AAA rules, the arbitrator will have exclusive
authority to make all procedural and substantive decisions regarding any Dispute
and to grant any remedy that would otherwise be available in court, including
the power to determine the question of arbitrability. The arbitrator may conduct
only an individual arbitration and may not consolidate more than one
individual’s claims, preside over any type of class or representative proceeding
or preside over any proceeding involving more than one individual.

(d) The arbitration will allow for the discovery or exchange of non-privileged
information relevant to the Dispute. The arbitrator, Sittercity, and you will
maintain the confidentiality of any arbitration proceedings, judgments and
awards, including information gathered, prepared and presented for purposes of
the arbitration or related to the Dispute(s) therein. The arbitrator will have
the authority to make appropriate rulings to safeguard confidentiality, unless
the law provides to the contrary. The duty of confidentiality does not apply to
the extent that disclosure is necessary to prepare for or conduct the
arbitration hearing on the merits, in connection with a court application for a
preliminary remedy or in connection with a judicial challenge to an arbitration
award or its enforcement, or to the extent that disclosure is otherwise required
by law or judicial decision.

(e) You and Sittercity agree that for any arbitration you initiate, you will pay
the filing fee (up to a maximum of $250 if you are a consumer), and Sittercity
will pay the remaining AAA fees and costs. For any arbitration initiated by
Sittercity, Sittercity will pay all AAA fees and costs.

(f) Any Dispute must be filed within one year after the relevant claim arose;
otherwise, the Dispute is permanently barred, which means that you and
Sittercity will not have the right to assert the claim.

(g) You have the right to opt out of binding arbitration within 30 days of the
date you first accepted the terms of this Section 35 by sending a written
opt-out notice by email to support@sittercity.com or by certified mail addressed
to Legal Department, Choice Sitter Solutions, LLC, 231 S. LaSalle St., Suite
2100, Chicago, IL 60604. In order to be effective, the opt-out notice must
include your full name and address and clearly indicate your intent to opt out
of binding arbitration. By opting out of binding arbitration, you are agreeing
to resolve Disputes in accordance with Section 36.

(h) If any portion of this Section 35 is found to be unenforceable or unlawful
for any reason, (a) the unenforceable or unlawful provision shall be severed
from these Terms of Use; (b) severance of the unenforceable or unlawful
provision shall have no impact whatsoever on the remainder of this Section 35 or
the parties’ ability to compel arbitration of any remaining claims on an
individual basis pursuant to this Section 35; and (c) to the extent that any
claims must therefore proceed on a class, collective, consolidated, or
representative basis, such claims must be litigated in a civil court of
competent jurisdiction pursuant to Section 36 and not in arbitration, and the
parties agree that litigation of those claims shall be stayed pending the
outcome of any individual claims in arbitration. Further, if any part of this
Section 35 is found to prohibit an individual claim seeking public injunctive
relief, that provision will have no effect to the extent such relief is allowed
to be sought out of arbitration, and the remainder of this Section 35 will be
enforceable.

36. Venue. In the event that a tribunal or arbitrator of competent jurisdiction
determines that the arbitration provision is unenforceable; or for any motions
to compel arbitration or to enforce an arbitration award; or if you have opted
out of arbitration pursuant to the procedures in Section 35; or for any other
litigation (if any) that is not prohibited by Section 35, you agree that the
exclusive forum and/or venue for any controversy, claim, suit, injury, harm,
loss or damage arising from or in any way related to the use, inability to use
or provision of the Service or these Terms of Use shall be any Illinois State
Court or Federal Court sitting in Cook County, and you hereby submit to the
exclusive jurisdiction of those courts for purposes of any such proceeding.

37. App Store. You acknowledge and agree that the availability of the Apps is
dependent on the third party from which you received the Apps, e.g., the Apple
iPhone App Store (“App Store”). You acknowledge and agree that these Terms of
Use are between you and Sittercity and not with the App Store. The App Store is
not responsible for the Apps, the content thereof, maintenance, support
services, and warranty therefor, and addressing any claims relating thereto
(e.g., product liability, legal compliance, or intellectual property
infringement). You agree to pay all fees charged by the App Store in connection
with the Apps (if any). You agree to comply with, and your license to use the
Apps is conditioned upon your compliance with, all applicable third-party terms
of agreement when using the Apps.

38. General Provisions.These Terms of Use constitute the entire agreement
between User and Sittercity with respect to the Service. Failure by Sittercity
to enforce any of these Terms of Use shall not be construed as a waiver of any
provision or right. These Terms of Use, and all other aspects or use of the
Service, shall be governed by and construed in accordance with the laws of the
State of Illinois, without regard to choice of law or conflict of laws rules.

Any provision of these Terms of Use found to be invalid, illegal, or
unenforceable shall be severed from the Terms of Use. The remaining provisions
shall be enforced to the fullest extent possible, and the remaining Terms of Use
shall remain in full force and effect.

39. Contact. Sittercity may be contacted at:

By email: support@sittercity.com
By phone: 888.748.2489
By mail: 231 S. LaSalle St., Suite 2100, Chicago, IL 60604

40. Additional Terms Applicable To Iphone, Ipod Touch or Ipad Applications.
Notwithstanding anything to the contrary in these Terms of Use set forth above,
the following additional terms shall apply to any Apps downloaded for use on the
iPhone, iPod Touch or iPad:

(A) Acknowledgement: You and Sittercity acknowledge that these Terms of Use are
solely between you and Sittercity, and not with Apple Inc. (“Apple”). Sittercity
is solely responsible for the App and the content thereof unless stated
otherwise in these Terms of Use. You further acknowledge that the usage rules
for the App are subject to any additional restrictions set forth in the Usage
Rules for the Apple App Store Terms of Service as of the date you download the
App, and in the event of any conflict, the Usage Rules in the Apple App Store
shall govern if they are more restrictive.

(B) Scope of License: The license granted to you is limited to a nontransferable
license to use the App on any iPhone, iPod Touch or iPad that you own or control
as permitted by the Usage Rules set forth in the Apple App Store Terms of
Service.

(C) Maintenance and Support: You and Sittercity acknowledge that Apple has no
obligation whatsoever to furnish any maintenance and support services with
respect to the App.

(D) Warranty: You acknowledge that Apple is not responsible for any product
warranties, whether express or implied by law, with respect to the App. In the
event of any failure of the App to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price, if any, paid to Apple
for the App to you, and to the maximum extent permitted by applicable law, Apple
will have no other warranty obligation whatsoever with respect to the App. You
and Sittercity acknowledge that to the extent that there are any applicable
warranties, any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any such applicable warranty would be
the sole responsibility of Sittercity. However, you understand and agree that in
accordance with these Terms of Use, Sittercity has disclaimed all warranties of
any kind with respect to the App, and therefore, there are no warranties
applicable to the App.

(E) Product Claims: You and Sittercity acknowledge that as between Apple and
Sittercity, Sittercity, not Apple, is responsible for addressing any claims
relating to the App or the your possession and/or use of that App, including,
but not limited to: (i) product liability claims; (ii) any claim that the App
fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.

(F) Intellectual Property Rights: You and Sittercity acknowledge that, in the
event of any third-party claim that the App or your possession and use of that
App infringes that third party’s intellectual property rights, Sittercity, and
not Apple, will be solely responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim to the extent
required under these Terms of Use.

(G) Legal Compliance: You represent and warrant that: (i) you are not located in
a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country; and (ii)
you are not listed on any U.S. Government list of prohibited or restricted
parties.

(H) Developer Name and Address: Any questions, complaints or claims with respect
to the App should be directed to:

Choice Sitter Solutions, LLC
Address: 231 S. LaSalle St., Suite 2100, Chicago, IL 60604
Email: support@sittercity.com

(I) Third-Party Beneficiary: You and Sittercity acknowledge and agree that
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of
Use, and that, upon your acceptance of the terms and conditions of these Terms
of Use, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms of Use against you as a third-party beneficiary
thereof.

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