QCSitter.com Terms of Service PolicyThis Agreement (including the General and Specific Terms set forth below) contains all of the terms and conditions between QCSitter. ("QCSitter.com") and you ("Parents/Sitter and/or any other user") and governs the use of the services offered at the QCSitter.com Web Site (the "Site"). Please read this Agreement before using the Site. Use of the Site constitutes an agreement to all terms and conditions in this Agreement. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. General Terms QCSitter.com Connects Sitters and Parents. QCSitter.com is a communications platform for enabling the connection between Parents seeking Sitters ("Parents") and/or Sitters seeking to provide childcare services ("Sitters"). Users do hereby represent, understand and expressly agree that QCSitter.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Sitters, nor of the integrity, responsibility or any of the actions whatsoever of the Parents. All users including both parent and sitter do hereby expressly agree not to hold QCSitter.com (or QCSitter.com's agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Site and QCSitter.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom. Transactions Parents may seek the services of a Sitter through the use of the Site and Sitters may submit proposals to Parents regarding their services. Once Parent has accepted the terms of the advice and/or service and payment from the Sitter and the Sitter has accepted the terms of the advice and/or payment from the Parent, there is a binding contract implicit between the Parent and the Sitter. If there are any issues concerning advice and/or service received by Parent or payment due to Sitter, Parents must deal directly with Sitters and vice/versa to resolve any disputes.QCSitter.com will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any users. By using this Site, you do hereby represent, understand, and expressly agree to hold QCSiter.com harmless for any claim or controversy that may arise from any disputes between users of the Site.QCSitter.com will use its "best efforts" to monitor Sitter and Parent profiles, actions, comments, and general usage of the Site and suspend privileges to any Parent or Sitter not adhering to policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to QCSitter.com immediately by notifying QCSitter.com of the same via electronic correspondence at comments@qcsitter.com. Community Areas If the Site contains "Public Question" areas, chat areas, news groups, forums, communities and/or other message or communication facilities, Sitter and Parent do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum. Any usage of the Site by any user that QCSitter.com finds inappropriate and/or offensive may result in immediate suspension or revocation of the privilege to use this Site. QCSitter.com reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all. All users do hereby represent, understand, and expressly agree to the terms set forth herein. Eligibility Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. Any misstatements and/or misrepresentations regarding the age, background, experience and/or eligibility for employment in the jurisdiction of the United States of any Sitters or any other users of this Site are not the responsibility of QCSitter.com. QCSitter.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Sitters and/or users of this Site. Users do hereby represent, understand and agree to hold QCSitter.com harmless for any misstatements and/or misrepresentations made by any users of this Site. Links and Account Information All users including Sitter and Parent do hereby agree to be the sole, authorized user of their account. Should any user of this Site authorize any third party to use their account, user does hereby agree to supervise all usage thereof. QCSitter.com has no control over the use of any user's account and expressly disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may be using their account, user does hereby agree to contact QCSitter.com immediately. Links from QCSitter.com to other Sites on the Web do not constitute the endorsement of QCSitter.com. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other Sites. Such hyperlinks are provided for reference and convenience only. QCSitter.com does not control such Web Sites, and is not responsible for their content. Just because QCSitter.com has hyperlinks to such Web Sites does not mean that QCSitter.com endorses any of the material on such Web Sites, or has any association with their operators. Users further acknowledge that use of any Web Site controlled, owned or operated by third parties is governed by the terms and conditions of use for those Web Sites, and not by QCSitter.com's User Agreement and Privacy Policy. Links to external Web Sites (including external Web Sites that are framed by QCSitter.com) or inclusion of advertisements do not constitute an endorsement by QCSitter.com of such Sites or the content, products, advertising and other materials presented on such Sites, but are for User's convenience. Users access them at their own risk. QCSitter.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users do hereby agree to hold QCSitter.com harmless from any liability that may result from the use of links that may appear on the Site. Coppa Compliance Parent and Sitter should monitor children's use of the Internet. QCSitter.com is intended for people 13 or over. We have also made an effort to specifically limit QCSitter.com's appeal to people of age 18 or over. QCSitter.com will not knowingly collect any information from children under 13. You must identify your age during the registration process. Sittercity.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We are also strong supporters and maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provide any false information to us when using this Site, your membership will be terminated immediately. For information about commercial products to assist Parents in filtering material on the Internet that Parents find harmful, see Sites with information on filtering products. Prohibited Use The Site and services contained herein may be used to find, select and connect with Sitters for the purpose of receiving childcare. The Site and related services may not be used by any person to recruit, solicit, or contact in any form Parents or Sitters for employment or contracting for a business not affiliated with QCSitter.com without express written permission from QCSitter.com Should QCSitter.com find that you violate the terms of this Paragraph or any terms stated herein, QCSitter.com reserves the right to terminate your use of this Site at its sole discretion immediately. Specific Terms and Conditions QCSitter.com is only a Venue. QCSitter.com is a communications platform for enabling the connection between Parent and Sitter. QCSitter.com does not take part in the interaction between Parent and Sitter except to collect payments on the behalf of Parents for venue services through the Site. QCSitter.com does not have control over the quality, timing or legality of services actually delivered by its Sitters and/or Parents. QCSitter.com makes no representations about the suitability, reliability, timeliness, and accuracy of the childcare provided by Sitters or Parents through the Site whether in public, private or offline interactions. Due to the nature of the Internet,QCSitter.com cannot confirm that each Sitter or Parent is who they claim to be, however, QCSitter.com has established a forum for Sitters to provide references for Parents to check. QCSitter.com does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. QCSitter.com does not assume and expressly disclaims any liability that may result from the use of this information. Release Because we are not involved in the actual contact between users, in the event that you have a dispute with one or more users, you release QCSitter.com (and our offices, directors, agents, investors, subsidiaries and employees) from claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Information Provided by Users Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. QCSitter.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public areas on the Site (including, without limitation, posting on bulletin boards or chat-collectively referred to herein as "Public Areas"). Users hereby grant QCSitter.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in QCSitter.com's Privacy Policy, any submissions to Public Areas will be public, and QCSitter.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas. Your Information "Your Information" is defined as any information you provide to us or other users in the registration process, through any e-mail feature or through traditional mail. You are solely responsible for your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to your Information: your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature and harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other partners or suppliers. Solely to enable QCSitter.com to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual;, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. QCSitter.com will only use your Information in accordance with our Privacy Policy. Third Party Verification Services QCSitter.com may make available to Sitters a third party verification service ("Verification Service") which enables Parents to verify a sitter's credentials. Use of the Verification Service is voluntary.QCSitter.com does not monitor in any way the information provided by such Verification Service as QCSitter.com is merely a conduit. Further, QCSitter.com does not endorse or make any representations regarding the reliability of the Verification Service. Billing and Payment Policy QCSitter.com does not currently charge for use of services. However, QCSitter.com maintains the right to change this policy at anytime and begin charging users with proper notification as determined by QCSitter.com. No Liability Parents and Sitters agree not to hold QCSitter.com, QCSitter.com's agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a Sitter or Parent. Parents and Sitters release QCSitter.com and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes. Indemnification By agreeing to the terms of the User agreement, Users agree to indemnify, defend and hold harmless QCSitter.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "QCSitter.com") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Sittercity.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. QCSitter.com and 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 QCSitter.com. Users further agree to hold harmless QCSitter.com and Affiliates from any claim arising from a third party's use of information or materials of any kind that they post in a Public Area. Community Areas If the Site contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, Parent and Sitter agree to use the community areas only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as limitation, Parent and Sitter agree not to: Learner Information Parent and Sitter agree that all information supplied by Parent and Sitter or any member of Parent or Sitter's household is true and accurate. Modification of the Terms of this Agreement QCSitter.com reserves the right to make changes to this Agreement from time to time. QCSitter.com shall provide notice to Parents and Sitters of any substantive and/or material changes to this Agreement or any policies posted on the Site. Term of Agreement This Agreement will become effective immediately upon any use by all users of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement between any user by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, QCSitter.com may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of QCSitter.com as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Term of Agreement; Ownership; Disclaimer; Limitation of Liability; Notice; and Miscellaneous. Intellectual Property Rights All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by QCSitter.com or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. QCSitter.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the QCSitter.com Site without QCSitter.com's prior express written permission. Furthermore, Users are not allowed to post or distribute any material 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 subject Users termination from the use of this Site or civil or criminal penalties. In addition, the Site 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 therein, is expressly prohibited without the prior permission of QCSitter.com and/or the relevant right holder. Notice of Trademark Rights The service marks and trademarks QCSITTER.COM and the QCSitter.com logo are service marks owned by QCSitter.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of QCSitter.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use. Privacy QCSitter.com's Privacy Statement located on its Site as modified by QCSitter.com from time to time shall govern any disclosure or use of Parent and Sitter's personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms. Copyright Complaints and Copyright Agent QCSitter.com respects the intellectual property of others, and asks Users to do the same.QCSitter.com is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide QCSitter.com's Copyright Agent with the following information: 1. 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; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allowQCSitter.com to locate the material and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and; 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Limited License QCSitter.com grants Parent and Sitter a nonexclusive, revocable right to use the Site provided that Parent and Sitter do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form. Modifications to the Site QCSitter.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to Parent or Sitter. Sitters and Parents have the same rights with regard to their self-generated content on the Site. Sitter and Parent agree that QCSitter.com shall not be liable to Sitter, Parent or any third party for any modification or discontinuance of the Site. Learner account, password and security Sitter and Parent are responsible for maintaining the confidentiality of any password and account number provided by themselves or QCSitter.com for accessing the Site, and are fully responsible for all activities that occur under Parent or Sitter's password or account. Parent or Sitter agrees to immediately notify QCSitter.com of any unauthorized use of Parent or Sitter's password or account or any other breach of security. No Agency You and QCSitter.com are not legally affiliated in any way by virtue of your membership or usage of QCSitter.com's Site or intellectual property other than the terms and conditions stated in this User Agreement and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this agreement. QCSitter.com is not an employment service and does not serve as an employer of the Sitters that may use this Site.QCSitter.com is only a venue for connecting Sitters and Parents. As such, QCSitter.com expressly disclaims any liability that may arise between users of its Site. Disclaimer of Warranties USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER QCSITTER.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF YOUR USE OF THE INFORMATION. QCSITTER.COM AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS NOT DISCLOSED, ONLY TO THOSE SPECIFIED BY USERS. QCSITTER.COM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD QCSITTER.COM LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. Limitation of Liability Under no circumstances will QCSitter.com or its Affiliates be liable to Parent or Sitter for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the aggregate liability of QCSitter.com or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by Parent in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Arbitration Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Davenport, Iowa and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or QCSitter.com may seek any interim or preliminary relief from a court of competent jurisdiction in Davenport, Iowa, necessary to protect the rights of property for you or QCSitter.com pending the completion of arbitration. General Provisions Failure by QCSitter.com to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the Commonwealth of Iowa, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms of Use or use of the Site, other than action for a specific performance or an injunctive relief brought by QCSitter.com, shall be exclusively brought in the federal, state or local courts located in Davenport, Iowa; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and QCSitter.com with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of QCSitter.com, its successors and assigns. Miscellaneous Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself 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 the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Iowa (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Davenport, Iowa. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between QCSitter.com and Parent and Sitter with respect to the subject matter hereof, and Parent and Sitter have not relied upon any promises or representations by QCSitter.com with respect to the subject matter except as set forth herein. Cancellation If you would like to cancel your account, please contact support@qcsitter.com. Please note that we do not prorate any subscription fees. Money Back Guarantees Due to the nature of its service, QCSitter.com does not provide a money back guarantee. Refunds QCSitter.com will process refunds or credits for our errors or other extenuating circumstance. Account cancellation requests received after the account has been billed will not qualify for a refund. International Use QCSitter.com makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Summary QCSitter.com solely provides a referral service designed to introduce parents who require babysitting services, with babysitters who want to advertise their availability. We do not verify the accuracy of any information supplied by our members and it is the responsibility of our members to verify any claims, or representations made by either babysitters, or parents, which are listed on QCSitter.com. Because we do not qualify or warranty any information you may gather from this web site. You agree to assume all risks associated with using our web site and you will not hold QCSitter.com liable for any events subsequent to using our service. |