Terms and Conditions
IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THIS "AGREEMENT") BEFORE USING
www.j-stter.com (THIS “WEBSITE”). BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU OBJECT TO ANY OF THE TERMS AND CONDITIONS OR THE PRIVACY POLICY, DO NOT USE THIS WEBSITE.
This Agreement is subject to change at any time by the Website’s owner, JSitter, LLC (“JSitter”).
General Terms
This Website serves solely and exclusively as a venue for (i) prospective employers of babysitters, animal-sitters and house-sitters (“Sitter” or “Sitters”) to post employment opportunities and (ii) Sitter candidates to post resumes. The Website and service may be used to find, select and connect with other people for the purpose of receiving or providing Sitter services.
JSitter has not and will not undertake to screen or censor the listings offered. JSitter is a free service. JSitter is not involved in the actual transaction between such prospective employers and the respective Sitter candidates. JSitter does not take part in the interactions between people using the Website (“you” or the “Users”).
User Agreement
All Users must be 18 years of age or older.
All Users assume all risks associated with his or her dealings with other Users and persons who may be contacted directly or indirectly by way of the Website.
Each User agrees to carefully screen, interview, and conduct background checks on any person(s) identified on this Website with whom such person may undertake to enter into a business or personal relationship. Users acknowledge that JSitter will not be conducting independent investigations on any Users.
If there are any issues, Users are required to deal directly with the other User to resolve all disputes. JSitter will not be in any way involved in transactions for services that are provided by any User.
The Website and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form users for employment, contracting, or any other purpose for a business not affiliated with JSitter.
Users will NOT:
1.Use the Website for any purpose, which is in violation of local, state, national, or international law;
2.Publish, post, upload, or distribute any insulting, offensive, obscene, disrespectful or unlawful topic, name, material or information, including child pornography, or anything that could be harmful to minors;
3.Offer any product or service for any purpose on the Website, which are not relevant to the services offered on this Website;
4.Exploit, mistreat, abuse, harass, haunt, hound, threaten or violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others;
5.Impersonate another individual or allow any other individual to use another User's identification to post or view comments;
6.Engage in spamming; or
7.Upload files that contain material that violates the rights of privacy of any third party, viruses, bugs, corrupted files, computer programming that is intended to damage any system, data, and personal information, or any other similar software that may damage the operation of another individual’s computer.
By your use of this Website, you agree that you will not sell, redistribute, or copy in any way the contents of this Website. You further agree that you will not harvest e-mail addresses. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and the content and materials provided therein.
Account Information
By using this Website, every User verifies that he or she meets and will continue to meet the following conditions for as long as the user uses the Website: (i) The User must be 18 years old or older and is legally authorized to work within the jurisdiction of the United States; (ii) The User has not been convicted of any crime of any nature, including any felony or any misdemeanor of any kind, and has not been convicted of any sexual offenses; (iii) The User indicates that he or she 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; and (iv) The User acknowledges that JSitter does not have actual knowledge that the information other Users have provided is true.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job posting or other information placed by you on this Website. All Users do hereby expressly agree not to hold JSitter liable for any services delivered which originated through the Website.
Users must take responsibility to maintain the confidentiality of any password and account information provided by himself or herself or JSitter in order to access the Website. Users must take responsibility for all activities that take place within the User's account.
Limitation of Liability
You expressly absolve and release JSitter from any claim of harm resulting from a cause beyond JSitter's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL JSitter BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF JSitter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF JSitter FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO JSitter DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
Indemnification
By using this Website, Users agree to indemnify, defend, protect and hold harmless JSitter and its assigns, successors and affiliates (collectively, the “JSitter Parties”) from, against and in respect of all losses, fines, penalties, judgments, awards, costs or expenses or damages actually suffered, sustained, incurred or paid by, any JSitter Party in connection with, resulting from or arising out of any actions, claims, proceedings, arbitrations, suits or investigations, or any appeals therefrom related in any way to the Website.
Disclaimer
The material on this Website may contain inaccuracies, viruses’ typographical errors or other harmful components. JSitter may make changes to the features, functionality or content of the site at any time. You agree to use the utmost caution, common sense, and diligence when using this Website and to screen the person(s) identified on the Website with whom you may choose to enter into a business or personal relationship. JSitter makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or such material. The use of the Website by you is at your own risk.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Children’s Online Privacy Protection Act
JSitter is intended for people 18 years of age or older. JSitter will not knowingly collect any information from children under the age of 13. User’s must identify their age when registering to use the Website. JSitter takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very strictly. JSitter does not assume any liability for any misrepresentations regarding the age of any User on the User's registration for the use of this Website.
Third Party Background Check Service
JSitter has made available to Users a third party background check service that enables Users to request specific information regarding a User’s identity and criminal convictions. The use of the background check service is voluntary and only available to User's 18 years of age or older. JSitter does not endorse or make any representations regarding the reliability of the services or the accuracy of any information provided through the background check service. Users understand that the link to the background check agency has been provided for Users convenience only. It is the responsibility of the User to evaluate all of the information from the background check services website. JSitter is not responsible for the background checks website. JSitter has no association with the background check agency’s operations. Users agree that JSitter shall not be held responsible or liable in any way if any information provided by the background check agency about any person is not accurate.
JSitter does not oversee or review the content of other company’s websites that are linked to from this Website. Users understand that their use of any Website controlled, owned or operated by third parties is governed by the terms and conditions of use on those Websites, and not by JSitter's terms and conditions. Every User agrees that if the User chooses to access the third-party Websites linked to JSitter’s Website, the User does so at their own risk. JSitter disclaims all liability derived from the use and/or viewing of any websites or other materials associated with links that may appear on this Website. All Users agree to release JSitter of all liability that may result from the use of links that appear on this Website.
JSitter is not an Employer
JSitter is only a free venue for connecting Users and is not an employment service. JSitter will not serve as an employer of any User of this Website. Users understand that there are risks when dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. JSitter shall not be responsible for any employment or other decisions made in association with the use of the Website.
Enforcing Security on the Website
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. JSitter reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. JSitter will also comply with all court orders involving requests for such information. In addition to the foregoing, JSitter reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to any or all of the Website for any reason.
JSitter may remove any content that a User has posted on the site, for any reason, including, without limitation, for lack of use or if JSitter, noncompliance with any of the terms and conditions or the User is infringing on JSitter's intellectual property rights.
All Users acknowledge and agree that JSitter may immediately deactivate or delete your account and all related information and files in your account and/or deny further access to such files or the Website. Users agree that JSitter shall not be liable to you or any third-party for any termination of your access to the Website or the removal of information.
Consent
Users of the Website agree to give permission regarding the testimonial statement that Users provide to JSitter regarding its services. Users give permission to use their statements in whole or part, in JSitter's marketing, sales, advertising and promotional efforts, in any medium, and to use the Users name in any such use. User waives User's rights to any compensation for the consent described herein. User has read this consent, understands its terms, and is authorized to grant or waive the rights expressed in this consent, and agree to be bound by it.
Privacy Policy
The terms of the Privacy Policy, which is attached hereto, are incorporated herein by reference. By your use of this Website, all Users understand and agree they have read and agree to the terms of the Privacy Policy.
Proprietary Rights
All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by JSitter are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, JSitter does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that JSitter actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The Website is Copyright © 2010 JSitter. All rights reserved. JSitter also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through the Website and all intellectual property and/or proprietary rights related thereto, unless otherwise indicated, are owned by JSitter. "JSitter" and all other names, logos, and icons identifying JSitter and its programs, products, and services are proprietary trademarks of JSitter, and any use of such marks without the express written permission of JSitter is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
Choice of Law; Arbitration
This agreement shall be treated as though it were executed and performed in Maryland and shall be governed by and construed in accordance with the laws of the State of Maryland (without regard to conflict of law principles). Any legal controversy or legal claim arising out of or relating to this agreement or our services, excluding legal action taken by us relating to site operations and/or intellectual property, shall be settled solely by confidential binding arbitration. The arbitration shall be conducted in Baltimore, Maryland. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs. If there is any controversy or claim that is not subject to the arbitration provision set forth in these terms and conditions and privacy policy, that claim shall be exclusively handled in the federal, state, or local courts located in Baltimore, Maryland.
Term and Termination
This Agreement will take effect at the time you click “I ACCEPT”, submit information through the Website, respond to a request for information, and/or begin installing, accessing, or using the Website, whichever is earliest. JSitter reserves the right at any time and for any reason to deny you access to the Website or to any portion thereof and to terminate this Agreement and the Privacy Policy. This Agreement will terminate automatically if you fail to comply with this them, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Website, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Website in your possession. The provisions concerning proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, and governing law will survive the termination of this Agreement for any reason.
Waiver and Severability
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by JSitter of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
Entire Agreement
No joint venture, partnership, employment, or agency relationship exists between you and JSitter as result of this Agreement or your utilization of the Website. This Agreement, the Privacy Policy, and any related or associated product purchase, or service, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and JSitter with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and JSitter with respect to the Website. Please note that JSitter reserves the right to change the terms and conditions of this Agreement and the terms and conditions under which the Website and its many offerings are extended to you by posting a revised Agreement and mailing and/or e-mailing notice thereof to you. In addition, JSitter may add, modify, or delete any aspect, program, or feature of these the Website. Your continued use of the Website following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.
Contact Information
If you have questions regarding the Website or if you are interested in obtaining more information concerning JSitter and its services or permission to use any JSitter's content, please contact JSitter at, P.O. Box 88, Reisterstown, MD. 21136, or