This Agreement (including the General and Specific Terms set forth below)
contains all of the terms and conditions between BabysittersPlus.com and you
("Parents/Sitter and/or any other user") and governs the use of the services
offered at the BabysittersPlus.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
BabysittersPlus.com Connects Sitters, Tutors, Nannies, etc. with Parents
BabysittersPlus.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 BabysittersPlus.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 BabysittersPlus.com (or BabysittersPlus.com's
agents, assigns, representatives, advertisers or employees) liable for any
instruction, advice or services delivered which originated through the Site and
BabysittersPlus.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. BabysittersPlus.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 BabysittersPlus.com
harmless for any claim or controversy that may arise from any disputes between
users of the Site. BabysittersPlus.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 BabysittersPlus.com immediately by notifying
BabysittersPlus.com of the same via electronic correspondence at
support@BabysittersPlus.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
BabysittersPlus.com finds inappropriate and/or offensive may result in immediate
suspension or revocation of the privilege to use this Site. BabysittersPlus.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. This Site is not available to anyone who has been convicted of
a felony or any criminal offense characterized as a sexual offense. Any
misstatements and/or misrepresentations regarding the age, background, felonies,
criminal offenses, 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 BabysittersPlus.com. BabysittersPlus.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 BabysittersPlus.com harmless for
any misstatements and/or misrepresentations made by any users of this Site.
Misstatements and/or misrepresentations are grounds for immediate termination
from BabysittersPlus.com.
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. BabysittersPlus.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 BabysittersPlus.com immediately. Links from BabysittersPlus.com to
other Sites on the Web do not constitute the endorsement of BabysittersPlus.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. BabysittersPlus.com does not control such Web
Sites, and is not responsible for their content. Just because
BabysittersPlus.com has hyperlinks to such Web Sites does not mean that
BabysittersPlus.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 BabysittersPlus.com's User
Agreement and Privacy Policy. Links to external Web Sites (including external
Web Sites that are framed by BabysittersPlus.com) or inclusion of advertisements
do not constitute an endorsement of by BabysittersPlus.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.
BabysittersPlus.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 BabysittersPlus.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.
BabysittersPlus.com is intended for people 18 or over. We have also made an
effort to specifically limit BabysittersPlus.com's appeal to people of age 18 or
over. BabysittersPlus.com will not knowingly collect any information from
children under 13. You must identify your age during the registration process.
BabysittersPlus.com takes the Children's Online Privacy Protection Act of 1998 (COPPA)
as well as all FTC regulations very seriously. We are also b 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 BabysittersPlus.com without express written permission from
BabysittersPlus.com. Should BabysittersPlus.com find that you violate the terms
of this Paragraph or any terms stated herein, BabysittersPlus.com reserves the
right to terminate your use of this Site at its sole discretion immediately.
Specific Terms and Conditions
BabysittersPlus.com is only a Venue.
BabysittersPlus.com is a communications platform for enabling the connection
between Parent and Sitter. BabysittersPlus.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. BabysittersPlus.com does not
have control over the quality, timing or legality of services actually delivered
by its Sitters and/or Parents. BabysittersPlus.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, BabysittersPlus.com
cannot confirm that each Sitter or Parent is who they claim to be, however,
BabysittersPlus.com has established a forum for Sitters to provide references
for Parents to check. BabysittersPlus.com does not assume any responsibility for
the accuracy or reliability of this information or any information on this Site.
BabysittersPlus.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
BabysittersPlus.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.
Refund Policy
Membership fees are non-refundable.
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.
BabysittersPlus.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 BabysittersPlus.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 BabysittersPlus.com's
Privacy Policy, any submissions to Public Areas will be public, and
BabysittersPlus.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 ISPs or other
partners or suppliers. Solely to enable BabysittersPlus.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. BabysittersPlus.com will only use your Information
in accordance with our Privacy Policy.
Third Party Verification Services
BabysittersPlus.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. BabysittersPlus.com
does not monitor in any way the information provided by such Verification
Service as BabysittersPlus.com is merely a conduit. Further, BabysittersPlus.com
does not endorse or make any representations regarding the reliability of the
Verification Service.
Billing and Payment Policy
Parents are obligated to pay for the service of the Site, unless
specifically notified otherwise. Parents that sign up will pay either $95.88 for
an annual subscription (which equates to $7.99 per month) or $39.99 for their
first month plus $9.99 per additional month for Site services (Though this rate
structure may change from time to time - see the Sign Up page for the latest
rates and promotions. Some premium service are also offered for an additional
fee.). BabysittersPlus.com's basic services are free for Sitters (though some
premium services are offered for a fee). BabysittersPlus.com will charge
Parent's credit card according to the agreed-upon fee between Parent and
BabysittersPlus.com for use of the services of the Site. BabysittersPlus.com
will verify with Parent the amount designated by Parent to be charged to credit
card. While BabysittersPlus.com will use its best efforts to ensure the privacy
of all credit card and all other personal information, we expressly disclaim any
liability for any damage that may result should any information be released to
any third parties. User does hereby agree to hold BabysittersPlus.com harmless
for any damages that may result therefrom. BabysittersPlus.com will use a third
party service to process your credit card information. For further information
regarding that service, please contact BabysittersPlus.com's credit card
processing company.
No Liability
Parents and Sitters agree not to hold BabysittersPlus.com,
BabysittersPlus.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 BabysittersPlus.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 BabysittersPlus.com, its directors, officers,
employees, agents, licensors, attorneys, independent contractors, providers,
subsidiaries, and affiliates (collectively referred to herein as
"BabysittersPlus.com") from and against any and all claim, loss, expense or
demand of liability, including attorneys' fees and costs incurred by
BabysittersPlus.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. BabysittersPlus.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 BabysittersPlus.com. Users
further agree to hold harmless BabysittersPlus.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:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any profane, defamatory,
infringing, obscene or unlawful topic, name, material or information.
• Use the Site for any purpose which is in violation of local, state, national
or international law.
• Upload files that contain software or other material that violates the
intellectual property rights (or rights of privacy or publicity) of any third
party.
• Upload files that contain viruses, corrupted files, or any other similar
software or Services that may damage the operation of another's computer.
• Advertise or offer to sell any goods or services for any commercial purpose on
the Site which are not relevant to the services offered on the Site.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Impersonate another person or allow any other person or entity to use Parent
or Sitter's identification to post or view comments.
• Post the same note repeatedly (referred to as 'spamming'). Spamming is
strictly prohibited.
• Download any file posted by another Sitter or Parent that Sitter or Parent
knows, or reasonably should know, cannot be legally distributed through the
Site.
• Restrict or inhibit any other Sitter or Parent from using and enjoying the
Community areas.
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
BabysittersPlus.com reserves the right to make changes to this Agreement
from time to time. BabysittersPlus.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, BabysittersPlus.com may terminate this Agreement immediately for
any breach of this Agreement or any applicable policy of BabysittersPlus.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 BabysittersPlus.com or is used with
permission. This Proprietary Material is protected in all forms, media and
technologies now known or hereinafter developed. BabysittersPlus.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 BabysittersPlus.com Site
without BabysittersPlus.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 BabysittersPlus.com and/or
the relevant right holder.
Notice of Trademark Rights
The service marks and trademarks BabysittersPlus.com and the
BabysittersPlus.com logo are service marks owned by BabysittersPlus.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
BabysittersPlus.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
BabysittersPlus.com's Privacy Statement located on its Site as modified by
BabysittersPlus.com from time to time shall govern any disclosure or use of
Parent and Sitter's personal information.
Copyright Complaints and Copyright Agent
BabysittersPlus.com respects the intellectual property of others, and asks
Users to do the same. BabysittersPlus.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 BabysittersPlus.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 allow
BabysittersPlus.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
BabysittersPlus.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
BabysittersPlus.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 BabysittersPlus.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 BabysittersPlus.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 BabysittersPlus.com of any unauthorized use of Parent or
Sitter's password or account or any other breach of security.
No Agency
You and BabysittersPlus.com are not legally affiliated in any way by virtue
of your membership or usage of BabysittersPlus.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.
BabysittersPlus.com is not an employment service and does not serve as an
employer of the Sitters that may use this Site. BabysittersPlus.com is only a
venue for connecting Sitters and Parents. As such, BabysittersPlus.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 BabysittersPlus.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 MERCHANTABILITY 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. BabysittersPlus.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. BabysittersPlus.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
BabysittersPlus.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 BabysittersPlus.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 BabysittersPlus.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 Chicago, Illinois and judgment on
the arbitration award may be entered into any court having jurisdiction thereof.
Either you or BabysittersPlus.com may seek any interim or preliminary relief
from a court of competent jurisdiction in Chicago, Illinois, necessary to
protect the rights of property for you or BabysittersPlus.com pending the
completion of arbitration.
General Provisions
Failure by BabysittersPlus.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 Illinois, 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 BabysittersPlus.com, shall be
exclusively brought in the federal, state or local courts located in Chicago,
Illinois; 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 BabysittersPlus.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 BabysittersPlus.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 Illinois (excluding any rules governing choice of laws) and any legal
proceeding arising out this Agreement will occur in Chicago, Illinois. 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 BabysittersPlus.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 BabysittersPlus.com with respect to the
subject matter except as set forth herein.
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