Terms of Service
Updated March 17, 2021
These terms and conditions outline the rules and regulations for the use of our website (such as https://www.swapsitter.com/), social media accounts, Google accounts, and/or any related services, sales, marketing or events (we refer to them collectively in this Terms of Service as the "Sites" or “Site”). The following terminology applies to this Terms of Service and any or all Agreements: Swap Sitter LLC doing business as Swap Sitter is referred to as “Swap Sitter”, “we”, “us”, or “our”; the person accessing our Sites and accepting our terms and conditions is referred to as "User", "Users", "you", "your", or "their"; and the services and/or subscriptions offered by Swap Sitter is referred to as “Services”, "Subscriptions", or "Subscription Plan".
By accessing the Sites, you accept these terms and conditions in full. Do not continue to use the Sites if you do not accept all of the terms and conditions stated on this page.
We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.
These Terms of Service are organized into the following fourteen sections:
1. Nature of Our Site and Services
3. Use of Site and Services
4. User Content and Communication Rules and Guidelines
5. Termination and/or Cancellation
6. Third Party Sites
7. Payment, Subscription Plan, and Refund Policies
8. SMS Text Message Alert Service
9. Promotional Offers and Credits
10. Intellectual Property Rights
12. Disclaimer of Warranty and Limitation of Liability
14. General Provisions
1. NATURE OF OUR SITE AND SERVICES.
a. Site. The Site allows Users, who are seeking to exchange babysitting needs and/or wants, to connect with other Users. Swap Sitter is not a referral, matching, or placement service and does not provide, refer, place, offer, or seek to obtain employment or engagements for any of its Users.
We have no obligation to screen or verify the identity or background of any Users. We do not screen or verify the training or experience of any of the Users or any content submitted by Users. We have no obligation to screen or verify the identity or background of any person(s) related to, known by, or in acquaintance with any of the Users (referred to as “Others”). We do not screen or verify the training or experience of Others or any information provided by Others. We have no control over the accuracy, reliability, completeness or timeliness of profiles, reviews, information, affiliations, or other content created, posted, or submitted on the Site by the User (referred to as “User Content”) and make no representations about any such User Content on the Site.
We further make no representations about the Users or Others. You must make your own assessments of the Users and/or Others you decide to interact, arrange, meet, and/or transact with.
b. Transactions Are Solely Between Users. We are not involved in the transactions between Users. Users arrange transactions solely between themselves, and Swap Sitter is not a party to any of those arrangements and/or transactions. We do not have control, supervise or provide any training or equipment to the Users, and we have no control over the quality, accuracy, timing, legality, failure to provide, or any other aspect whatsoever of the transactions arranged by the Users. Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other. As set forth in Section(s) 11 and/or 12, you agree to release Swap Sitter from any claims or liability that may arise from any disputes between you, other Users, and/or Others.
Swap Sitter is not an employment service and does not serve as an employer of any User. If requested by Swap Sitter, you agree to provide Swap Sitter with identification documents (including social security numbers, tax ID numbers, copies of passports, and driver’s licenses) or other information as may be needed or requested by us.
By requesting to use, registering to use, and/or using the Site, you represent and warrant that:
i. Minimum Age. You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and
ii. Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of another person or animal, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
Swap Sitter has no obligation to conduct background or verification checks on its Users. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
User agrees to release Swap Sitter and our Affiliated Parties from any claims regarding any misstatements and misrepresentations made by any Users of this Site. ("Affiliated Parties" means Swap Sitter’s officers, directors, members, agents, assignees, representatives, marketing partners, community partners, affiliates, licensors, independent contractors, employees, our parent company and any subsidiaries, and joint venture partners of other companies that we control or that are under common control with us.)
3. USE OF SITE AND SERVICES.
We may, either during or after the registration process, request further information from you and/or use third party services, to verify your account or registration information.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
b. Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by Users who want to connect with other Users who are seeking to exchange babysitting needs and/or wants. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.
c. Use of Other Users' Personal Information. You may from time to time receive personal information of another User. For example, Users may share contact and/or other personal information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services.
d. Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent Swap Sitter for the purpose of avoiding the obligation to pay fees related to our Services.
e. Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Swap Sitter in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
f. Risk Assumption and Precautions. You assume all risk when using the Site and/or Services, including, but not limited to, all of the risks associated with any online or offline interaction with Users and/or Others. You agree to take all necessary precautions when arranging, meeting, and/or transacting with other Users and/or Others.
h. No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
i. Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us at email@example.com.
j. Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at our sole discretion. The provisions in Section 12 regarding Disclaimer of Warranty apply to such features or tools.
k. Group Affiliations. Users may have the option to list certain school or local group affiliations as part of their Profiles, and Swap Sitter may add Users into these groups from time to time. Unless expressly stated otherwise, Swap Sitter is not affiliated with any of these listed organizations nor do we verify the User’s membership with such listed organization.
4. USER CONTENT AND COMMUNICATION RULES AND GUIDELINES.
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles" or "Profile”), reviews of Users (“Reviews” or "Review"), and/or messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
a. Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
i. contains photographs or images of another person, unless you are that person’s parent or legal guardian;
ii. contains another person’s copyrighted content unless you have written permission from the copyright owner;
iii. contains or discloses another person’s personal information without written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
iv. implies that the User Content is in any way endorsed or sponsored by Swap Sitter;
v. is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, bullying, discrimination, hatred or harm of any kind;
vi. is intended to harass, annoy, threaten or intimidate any other Users of the Site;
vii. is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
viii. involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
ix. contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
x. is off-topic, meaningless, or otherwise intended to annoy or interfere with another person’s use of the Site;
xi. uses scripts, bots or other automated technology to access the Site;
xii. attempts to circumvent Swap Sitter or attempts to avoid applicable Swap Sitter fees;
xiii. otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
b. Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users and/or Others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of Swap Sitter.
c. Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to Swap Sitter, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. Review Guidelines. Users will have the opportunity to provide Reviews about other Users. Reviews should not include any personal information about a User that is not disclosed in the User’s public Profile (for example, the Review should not include or reference a User’s address or phone number). Reviews should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your Reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
5. TERMINATION AND/OR CANCELLATION.
a. By Swap Sitter. Swap Sitter may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Subscription Plan and/or your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by Swap Sitter, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s Subscription Plan and/or account, Swap Sitter may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by Swap Sitter, you may not re-register without Swap Sitter’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
b. By User. As a User, you may cancel your account at any time by going to "My Account" and then "My Subscriptions" and then clicking on "Cancel Subscription". You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If you have a Subscription Plan, you may cancel it in accordance with Section 7.
c. Effect of Termination and/or Cancellation. Upon the termination and/or cancellation of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated and/or cancelled, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account’s termination and/or cancellation may not be available to you if you re-register with Swap Sitter.
6. THIRD PARTY SITES.
The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.
7. PAYMENT, SUBSCRIPTION PLAN, CANCELLATION AND REFUND POLICIES.
a. Fees and Subscriptions. Where indicated on the Site, fees are charged to access and use certain Services on the Site. Services, Subscription Plans, and/or Fees are subject to change or termination by Swap Sitter from time to time without notice. If there is any change to the Services, Subscription Plans, and/or Fees, the pages listing the current information, respectively, will be updated.
Users who use these fee-based Services agree to pay Swap Sitter the applicable fees then in effect. In addition, Users authorize Swap Sitter to charge their chosen payment provider for use of the Site. Swap Sitter reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. All fees and charges are nonrefundable and nontransferable. There are no refunds or credits once your account has been billed, including if there is any change to the Service and/or Subscriptions available thereunder.
b. Subscription Plan Renewals and Cancellation. Subscription Plan will continue until cancelled by the User. At the end of your Subscription Plan period, your Subscription Plan will automatically renew for the same Subscription Plan period (for example, monthly or annually) at the current Subscription Plan rate for the applicable Subscription plan, unless you cancel your Subscription Plan before it renews. For example, if you signed up for an annual Subscription Plan, at the end of the initial one-year period if you haven’t yet cancelled your Subscription Plan, your Subscription Plan will be automatically renewed for another one-year period at the current rate for annual Subscriptions. For any automatic renewal, you authorize Swap Sitter to charge your selected payment method the current applicable fee in accordance with the Subscription Plan you selected.
As a User, you may cancel your account at any time by going to My Account and then My Subscriptions and then clicking on "Cancel Subscription". If you cancel your Subscription Plan, you will continue to have access to your account associated with your Subscription Plan until the cancellation becomes effective. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if you cancel your Subscription Plan and/or account. Upon the effective cancellation of your Subscription Plan, you will no longer have access to your account.
c. Payment Information. If you purchase a Subscription Plan, use our Online Payment Services or otherwise use any of Swap Sitter's fee-based Services, you agree to Swap Sitter storing your payment card information. Users with Subscriptions are responsible for maintaining current and accurate payment card information associated with their accounts. Without limiting Section 5.a., Swap Sitter may terminate a User’s Subscription Plan and/or account if the User’s payment card information is expired or is otherwise invalid.
8. TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.
Users provide Swap Sitter with their mobile phone number as part of the registration process and/or in their account settings. Users who provide us with their mobile phone number may receive text message communications from us on their cellular phones and/or mobile devices. By providing us with your mobile phone number, you consent to Swap Sitter sending text messages to your cellular phone and/or mobile device. We do not charge for sending text messages, but your carrier may charge you.
9. PROMOTIONAL OFFERS AND CREDITS.
From time to time, Swap Sitter may offer special promotions, credits, awards or discounts (“Promotions”). All Promotions will be run at the sole discretion of Swap Sitter and can be modified or terminated at any time by Swap Sitter with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion).
10. INTELLECTUAL PROPERTY RIGHTS.
a. Copyright. All materials on the Site other than User Content are either owned by Swap Sitter or are the property of Swap Sitter’s suppliers or licensors. You may not use these materials unless we give you written permission to do so.
b. Marks and/or Logos. The Swap Sitter marks and/or logos are owned by Swap Sitter. Any other marks and/or logos appearing on the Site are the property of their respective owners. You agree that you recognize the rights of Swap Sitter and the respective third parties in those marks and/or logos. You may not copy or use any of these marks and/or logos without the written permission of the owner.
c. Ownership and Use. Swap Sitter retains ownership of its intellectual property rights and you have no rights to our intellectual property or our rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.
d. Your Content. Other than the non-exclusive license granted to Swap Sitter with respect to User Content (described in Section 4.c. above), Swap Sitter will not acquire an ownership interest in the User Content you post.
If any dispute arises, those Users are responsible for resolving any such dispute. Swap Sitter will not be a party to any such dispute, and Swap Sitter will not be obligated to take any action toward resolving such dispute.
12. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.
Please read this section carefully. This section limits the liability of Swap Sitter and its Affiliated Parties. Each of the subsections below applies up to the maximum extent permitted under applicable law.
a. "AS-IS" Basis. Swap Sitter provides the Site on an "AS-IS" and "AS AVAILABLE" basis. Your use of the Site is at your own discretion and risk.
b. No warranties; Release. Swap Sitter grants no warranties of any kind, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the Site). Swap Sitter does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Swap Sitter does not warrant the accuracy, adequacy or completeness of any information and materials on the Site. Swap Sitter does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site will be corrected. Swap Sitter makes no warranties about the connectivity and continued availability of the Site or Services.
You agree to release Swap Sitter and its Affiliated Parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) your use of the Site, (ii) your use of the Services, (iii) any claim or controversy that may arise from any disputes between you, other Users, and/or Others, or (iv) information contained in any background or verification report, regardless of whether ordered by a User or Swap Sitter.
c. User Content. Swap Sitter makes no claims or promises about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Services by Users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
d. Limitation of liability. In no event will Swap Sitter or its Affiliated Parties be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from (i) interactions with other Users of the Site, whether online or offline, (ii) your reliance on information or other content posted on the Site or transmitted to or by any User of the Site or Services, and (iii) reviews or comments made about you on the Site by other Users.
e. No consequential damages. You agree that neither Swap Sitter nor its Affiliated Parties has any liability for any (i) indirect, special, incidental, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data.
f. Maximum liability. Without limiting any other provision in these Terms of Service, Swap Sitter’s maximum aggregate liability to you for losses or damages you suffer in connection with the Site, the Services or these Terms of Service is limited to the greater of (i) the amount paid, if any, by you to Swap Sitter in connection with the Site in the 12 months prior to the action giving rise to the liability, or (ii) $100.
g. Sole and exclusive remedy. Your only right and remedy in case of dissatisfaction with the Site or Services or any other grievance shall be your cancellation of your account and discontinuation of access to, or use of the Services.
You agree to indemnify, defend and hold harmless Swap Sitter and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by Swap Sitter and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users and/or Others, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or Swap Sitter. You agree that you will cooperate as reasonably requested by Swap Sitter in the defense of such claims. Swap Sitter and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
14. GENERAL PROVISIONS.
a. Governing Law and Venue. Florida law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and Swap Sitter, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida and County of Alachua.
b. No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Swap Sitter is not an employment service or agency, and does not serve as an employer or referral source for any User.
c. Severability. If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms of Service shall remain in full force and effect.
d. Complete Agreement. These Terms of Service contains the entire agreement between you and Swap Sitter regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
e. Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify Swap Sitter as to any matters relating to the Site or Services, please contact us at firstname.lastname@example.org