Due to the nature of the Service, no refunds are given. Requests for Independent Childcare Contractors (“ICCs”) are not charged to a User’s account unless the ICC completes the request.
CSC connects ICCs and Users. The Site is a communications and payment platform for enabling the connection between individuals seeking childcare services (i.e., Users) and/or individuals seeking to provide childcare services (i.e., ICCs). Users do hereby represent, understand, and expressly agree that CSC assumes no liability for or control over the veracity of any ICC or the quality, timing, legality or any other aspect whatsoever of the services any ICC actually delivers. All Users do hereby expressly agree not to hold CSC (or CSC’s agents, assigns, representatives, advertisers, officers, directors, or employees) liable for any instruction, advice, act, omission, or services delivered that originated through the Site; and CSC expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown. Users agree to indemnify and hold harmless CSC and its directors, officers, and employees from and against all liabilities, losses, damages, costs, and other expenses arising directly or indirectly from or in connection with any negligent, reckless, or intentionally wrongful act of an ICC (including, but not limited to, falsifying information on the Independent Childcare Contractor Agreement, which may be viewed here), a determination by a court that an ICC is not an independent contractor, any breach by an ICC of CSC’s Independent Childcare Contractor Agreement, or any failure of an ICC to perform childcare services to User’s satisfaction.
CSC may obtain background check reports of any ICC, but Users may not obtain these reports. CSC will make a good faith effort to not contract with ICCs if a background check report indicates that the ICC does not meet the eligibility conditions of CSC. Any background checks relating to an ICC may not include information regarding minor traffic violations and CSC does not make decisions based on minor traffic violations or infractions. Accordingly, if driving will be part of an ICC’s services, the User may wish to ask the ICC to obtain and share a current copy of the ICC’s driving record from the relevant department of motor vehicles. Users agree to make their own decisions and assessments about ICCs they employ. CSC is not responsible for information that an ICC has falsified, or the resulting consequences. CSC’s review of the report is limited to the information in the report that CSC does not control, which may be ambiguous. Users agree that CSC may rely on the reports when selecting ICCs and that CSC is not required to undertake to conduct its own independent investigation or inquiry. CSC makes no guarantee as to the accuracy of any report, and Users agree not to hold CSC liable for any acts or omissions in reliance on such reports.
CSC hereby disclaims, and each User agrees CSC shall not have, any liability whatsoever for: (1) any inaccuracy of an ICCs statements made in any Independent Childcare Contractor Agreement or any information or inaccuracy in any background check report, other consumer report, identity report, or other report from a verification service, or (2) misstatements and/or misrepresentations made by any ICC at any time. Users hereby represent, warrant, and agree to indemnify, defend and hold CSC harmless from and against the foregoing.
Users of the Site contract between themselves and ICCs. In no way is CSC involved in transactions for care services to be rendered by any ICC other than through scheduling and payment. If there are any issues concerning advice and/or services received, Users must deal directly with the ICC to resolve any disputes. CSC will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise from any disputes between any Users and any ICCs. By using this Site, Users do hereby represent, understand, and expressly agree to hold CSC harmless for any claim or controversy that may arise from any disputes between Users and ICCs.
CSC reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to CSC. By using this Site, Users do hereby agree to report any alleged improprieties of any Users or ICCs to CSC immediately by notifying CSC of the same via electronic correspondence at support@CollegeSitterContact.com.
If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow a User to communicate with any other User or an ICC, Users do hereby expressly represent, understand, and agree to use such Public Areas only to send and receive messages and material that are lawful, relevant, and proper to the applicable Public Area. Any usage of the Site by any User that CSC finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. CSC 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. Users agree not to: Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, 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 that 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.
Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or entity to use User’s identification to post or view comments or for any other reason.
Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
Restrict or inhibit any other User from using and enjoying the Public Areas.
User Eligibility & Obligations
ELIGIBILITY CERTIFICATION: By becoming or attempting to become a User, or by using this Site, every User certifies that the User meets and will continue to meet the following Eligibility Conditions for as long as the User uses the Site or service:
- The User is at least 18 years old and is legally authorized to work within the jurisdiction of the United States;
- The User has not been convicted of a crime of any nature, including any felony or any misdemeanor of any kind other than minor traffic offenses, and has not been convicted of any sexual offenses; and
3. The User further represents that User is not currently out on bail or on User’s own recognizance pending trial, relating to any felony or misdemeanor charges or sexual offenses of any kind.
Each User makes the above Eligibility Certification and agrees that (a) CSC may rely on it as true, and (b) may change the Eligibility Conditions from time to time and require a new Eligibility Certification. Users acknowledge that CSC does not have actual knowledge that the Eligibility Certification is true.
If CSC becomes aware that an Eligibility Condition is not met or appears not to be met, CSC may terminate the User without notice or refund and each User agrees to make no further use of the Site or Service after termination. CSC reserves the right (but does not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. CSC hereby disclaims, and each User agrees CSC shall have not have, any liability whatsoever for: (1) any inaccuracy of a User’s Eligibility Certification or any other consumer report, identity report or other report from a verification service, or (2) misstatements and/or misrepresentations made by any User of this Site. Users hereby represent, warrant, and agree to indemnify, defend and hold CSC harmless from and against the foregoing.
Links and Account Information
This Site is intended for people 18 years of age or older. CSC has also made an effort to specifically limit the Site’s appeal to people of age 18 years of age or older. CSC will not knowingly collect any information from children under the age of 16. Users must identify their age during the registration process to become a User. CSC takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the rules and regulations set forth thereunder. That being said, CSC does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User’s registration for or use of the Site. CSC reserves the right to terminate without notice the membership of any User if CSC believes that the User has provided any false information when registering for or using this Site.
The Site and Service may be used to find, select, and connect with other Users and/or ICCs for the purpose of receiving or providing childcare services. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users or ICCs for employment, contracting, or any other purpose for a business not affiliated with CSC without express written permission from CSC. Should CSC find that a User violates the terms of this section or any terms stated herein, CSC reserves the right to terminate the User’s use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Commercial Use Prohibition
The Site is for the use of individual Users only and may not be used in connection with any commercial endeavors (other than the direct employment of an ICC by a User) without the express written consent of CSC in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser and may not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of Users or ICCs by electronic or other means, unless express written permission from CSC is obtained in advance. CSC reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of CSC only. CSC reserves the right to terminate a User’s use of this Site at its sole discretion at any time.
Specific Terms and Conditions
This Site is only a Venue. The Site is a communications platform for enabling the connection and payment between Users and ICCs. CSC does not take part in the interaction between Users or between Users and ICCs unless necessary. CSC does not have control over the quality, timing or legality of services actually delivered by ICCs. CSC makes no representations about the suitability, reliability, timeliness, and accuracy of the childcare provided by ICCs identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, CSC does not confirm that each User and/or ICC is who they claim to be except as otherwise noted. CSC does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. CSC does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site or in a background check report or other consumer report or identity report.
In the event that a User has a dispute with one or more Users and/or ICCs, said User releases CSC (and our officers, directors, agents, investors, subsidiaries, and employees) from all 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 CSC in connection with their registration for and use of the Site. CSC is not responsible for any claims relating to any inaccurate, untimely, or incomplete information, including but not limited to Eligibility Certifications or any information regarding ICCs, provided to us.
Third Party Verification Services and Consumer Reports
CSC may make available to Users one or more third party verification services that provide consumer reports or identity check services (collectively, “Verification Services”) that enable Users to inquire about selected information, including, but not limited to, a person’s identity and certain criminal convictions. Use of the Verification Services is voluntary and CSC does not endorse or make any representations regarding the reliability of the Verification Services or the accuracy of any information provided through such Verification Services. Users agree that CSC may, in its discretion, rely on the information but that CSC shall not be responsible or liable in any way in the event that any information provided by such Verification Services about any person, including without limitation any User or ICC, is not accurate.
Fair Credit Reporting Act
If a Verification Service is used, Users hereby warrant that they will comply with the Fair Credit Reporting Act, 15 USC 1681 (“FCRA”), which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf. CSC provides a summary of FCRA rights for Care Providers who authorize background checks and also provides notice when CSC determines to terminate a User’s or ICC’s account based on information in a background check. Users must comply with any applicable provisions of the FCRA relevant to the User at all times, just as they would if they did not use the Site. CSC does not assume and expressly disclaims any liability that may result from the use of this information by Users and/or ICCs.
Billing and Payment Policy
All Users are obligated to pay for the childcare for which they contract using the Site, unless specifically notified otherwise. The price structure may change in the future. There may be add-on features available to all Users for an additional fee. Pricing may be altered by any promotion selected at the time of registration and/or Services performed. For all fees, CSC will charge the User’s credit card according to the agreed- upon fee between User and CSC for use of the Site and/or the ICCs performance of Services. While CSC will use reasonable commercial efforts to ensure the privacy of all credit card and all other personal information, CSC expressly disclaims any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold CSC harmless for any damages that may result therefrom. CSC will use a third party service to process credit card information. For further information regarding that service, please contact CSC to request information about CSC’s credit card processing company. If any User account is overdue, CSC reserves the right to charge a late fee to that account, which late fee will not exceed 10% of the total amount due compounded monthly.
An eligible User may reinstate an account that has expired. A new price structure may apply at reinstatement.
Renewal and Cancellation
User’s accounts will be automatically extended for successive renewal periods if the User is actively using the Site. CSC will continue to maintain User accounts until the User requests a cancellation or CSC cancels the account.
Users agree not to hold CSC, it’s agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered that originated through the Site or otherwise were provided by an ICC. Users release CSC 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 any such disputes.
Term of Agreement
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by CSC or cancelled by User as provided hereunder. CSC may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. This notice may be included in or accompany notices of “adverse action” given when termination is based on information in a consumer report (such as a background check). Furthermore, CSC may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of CSC as posted on the Site from time to time. If CSC terminates a User’s account for the Site because the User has breached this Agreement, the User will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of CSC. Except as required by law, CSC is not required to provide any User with notice prior to terminating the User’s account. Except as required by law, CSC is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User’s account. Even after the User’s account is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Reasons for termination of a User’s account include, but are not limited to: (1) a complaint from an ICC regarding the punctuality, demeanor, and/or professionalism of the User; (2) an overdue account; and (3) behavior that is unbecoming to CSC.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, methods, processes and other content (collectively “Proprietary Material”) that Users see or read on the Site is owned by CSC or is used with permission. This Proprietary
Material is protected in all forms, media and technologies now known or hereinafter developed. CSC 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 Site without CSC’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 liability, and subject Users to 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 CSC and/or the relevant right holder.
Notice of Trademark Rights
Notice of Availability of Filtering Software
CSC does not believe that the Site contains materials that would typically be the subject of filtering software and the Site is not intended for children. Nevertheless and pursuant to the Communications Decency Act, all Users are hereby informed by CSC, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Copyright Complaints and Copyright Agent
CSC respects the intellectual property of others, and asks Users to do the same. CollegeSitterContact.com is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, CSC asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users’ copyrights, please provide CSC’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 the User claims has been infringed, including the URL (Internet address) or other specific location on the Site where the material the Users claims is infringed is located. Include enough information to allow CSC to locate the material, and explain why the Users thinks 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) The User’s address, telephone number, and e-mail address; (5) A statement by the Users that the User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by the User, made under penalty of perjury, that the information in the User’s Notice is accurate, and that the User is the copyright owner or authorized to act on the copyright owner’s behalf. CSC’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at support@CollegeSitterContact.com. CSC will terminate access to the Site of those who engage in repeated acts of infringement.
CSC grants Users a nonexclusive, revocable right to use the Site provided that Users 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; or (iii) violate any term in this Agreement.
Modifications to the Site
CSC 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 the User. Users have the same rights with regard to their self- generated content on the Site. Users agree that CSC shall not be liable to User or any third party for any modification or discontinuance of the Site.
User Account, Password and Security
Users are responsible for maintaining the confidentiality of any password, username, account number, and/or other account-specific information provided by themselves or CSC for accessing the Site, and are fully responsible for all activities that occur under User’s password or account. User agrees to immediately notify CSC of any unauthorized use of User’s password or account or any other breach of security.
No Joint Venture
Users are not legally affiliated with CSC in any way merely by virtue of their membership or usage of the Site or intellectual property other than as might be described by the terms and conditions stated in this Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. CSC is not an employment service and does not serve as an employer of any User that may use this Site. CSC is only a venue for connecting and facilitating payment between Users and ICCs. As such, CSC expressly disclaims any liability that may arise between Users between Users and ICCs of the Site.
Limitations on Use
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER’S SOLE RISK. NEITHER CSC NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE 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. CSC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE. 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 CSC 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 ANY USER’S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. CSC AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CSC AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. CSC 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 CSC 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 BY USERS THROUGH THE SITE. CSC 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 CSC, its Affiliates, agents, officers, directors, and/or employees be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or any violation of any provision of this Agreement. Furthermore, the aggregate liability of CSC or its Affiliates, agents, officers, directors, and/or employees arising with respect to this Agreement and the Site will not exceed the total amounts paid by any User 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 electronic mail to support@CollegeSitterContact.com.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. 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 Iowa City, Iowa and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either a User or CSC may seek any interim or preliminary relief from a court of competent jurisdiction in Iowa City, Iowa, necessary to protect the rights of property for a User or CSC pending the completion of arbitration.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, 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 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 CSC and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by CSC with respect to the subject matter except as set forth herein.