Terms of Service
Sitting Around is a Platform
Sitting Around is a platform for enabling the formation and management of community-based groups. Our Platform provides our users with a variety of resources to facilitate the organizing of babysitting co-ops, (a "Co-op"). Sitting Around facilitates the communication between co-op group members ("Users"). Any person using the Site and / or its Services is considered a User and is subject to the terms and conditions contained in this Agreement. Users do hereby represent, understand and expressly agree that Sitting Around does not have liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Care Recipients. All Users do hereby expressly agree not to hold Sitting Around (or Sitting Around's agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and Sitting Around expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Users of the Site contract between themselves. In no way is Sitting Around involved in transactions for care services to be rendered by any User. If there are any issues concerning advice and/or service received, Users must deal directly with the other User to resolve any disputes. Sitting Around 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 Sitting Around harmless for any claim or controversy that may arise from any disputes between Users of the Site. Sitting Around reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to Sitting Around. By using this Site, you do hereby agree to report any alleged improprieties of any Users to Sitting Around immediately by notifying Sitting Around of the same via electronic correspondence.
If the Site contains profiles, email systems, blogs, message boards, 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, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are lawful, relevant and proper to the applicable forum. Any usage of the Site by any User that Sitting Around finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. Sitting Around 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 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.
- Impersonate another person or allow any other person or entity to use User'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 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.
Eligibility Certification; User Obligations
ELIGIBILITY CERTIFICATION: By using this site, every User certifies that the User meets and will continue to meet the following conditions for as long as the user uses the Site or service:
- The User is at least 18 years old;
- The User has not been convicted of a crime of any nature, including any felony or any misdemeanor of any kind, and has not been convicted of any sexual offenses; and
- 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 certification and agrees that (a) Sitting Around may rely on it as true, and (b) may change the conditions from time to time and require new certifications. Users acknowledge that Sitting Around does not have actual knowledge that the Eligibility Certification is true. Sitting Around does not independently verify that any or all of the Eligibility Conditions are met by any User.
If Sitting Around becomes aware (such as through a background check) that an Eligibility Condition is not met or appears not to be met, Sitting Around may terminate the User without notice or refund and each User agrees to make no further use of the Site or Service after termination. Sitting Around 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. Sitting Around hereby disclaims, and each User agrees Sitting Around shall have not have, any liability whatsoever for: (1) any inaccuracy of a User's Eligibility Certification 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 User of this Site. Users hereby represent, warrant, and agree to indemnify, defend and hold Sitting Around harmless from and against the foregoing.
Links and Account Information
Sitting Around is intended for people 18 or older. Sitting Around will not knowingly collect any information from children under the age of 13. Sitting Around 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, Sitting Around 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. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Site.
The Site and Service may be used to find, select and connect with other Users for the purpose of receiving or providing care 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 for employment, contracting, or any other purpose for a business not affiliated with Sitting Around without express written permission from Sitting Around. Should Sitting Around find that you violate the terms of this section or any terms stated herein, Sitting Around reserves the right to terminate your 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 without the express written consent of Sitting Around in advance. Sitting Around 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 Sitting Around. Sitting Around reserves the right to terminate your use of this Site at its sole discretion at any time.
Specific Terms and Conditions
Sitting Around is only a Venue. Sitting Around is not a barter exchange, and users will refrain from using our software to create barter exchanges as defined in § 1.6045-1(a)4. Specifically, this means that Users will limit the activities of their Co-ops to the informal exchange of similar services on a non-commercial basis.
Sitting Around is a communications platform for enabling the connection between Users. Sitting Around does not take part in the interaction between Users. Sitting Around does not have control over the quality, timing or legality of services actually delivered by its Users. Sitting Around makes no representations about the suitability, reliability, timeliness, and accuracy of the childcare provided by Users 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, Sitting Around does not confirm that each User is who they claim to be. Sitting Around does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. Sitting Around 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 you have a dispute with one or more Users, you release Sitting Around (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
Credits; No Value
Credits have no value whatsoever outside of the Website and, therefore, cannot be transferred, assigned or sold in any manner, except for as provided by the Service. Any accrued but unused Credits, that You have 1) thirty (30) days past the end of the Term or applicable Renewal Term or 2) prior to Sitting Around otherwise terminating this Agreement shall be discarded and no longer usable by You through the Site and/or Service.
Third Party Verification Services and Consumer Reports
Sitting Around 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, the person's identity and certain criminal convictions. Use of the Verification Services is voluntary and Sitting Around 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. You agree that Sitting Around may, in its discretion, rely on the information but that Sitting Around 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, 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. Users must comply with any applicable provisions of the FCRA relevant to them at all times, just as they would if they did not use Sitting Around. Sitting Around does not assume and expressly disclaims any liability that may result from the use of this information by Users.
Billing and Payment Policy
Users are obligated to pay for certain services and features of the Site, unless specifically notified otherwise. Pricing may be altered by any promotion selected at the time of registration. Promotions may include but not be limited to discounts and free trial periods. For all fees, Sitting Around will charge the User's credit card according to the agreed-upon fee between User and Sitting Around for use of the services of the Site. While Sitting Around will use reasonable commercial 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 Sitting Around harmless for any damages that may result therefrom. Sitting Around will use a third party service to process credit card information. For further information regarding that service, please contact Sitting Around to request information about Sitting Around's credit card processing company. The price structure may change in the future, if it does we will provide at least 30 days notice in the case of raising prices. Which services and features are restricted to paying members, and in which tiers of membership if there are multiple, may be changed from time to time at our sole discretion. SittingAround may, in the future, offer additional services or products for sale for an additional fee. If you choose to purchase additional items you agree that Sitting Around may charge these fees to your card on file.
Renewal and Cancellation
User subscriptions will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the current subscription rate. SittingAround may, at its sole discretion, elect to grandfather certain subscription plans: if Sitting Around chooses to do so we reserve the right to discontinue the grandfathered status at any time. Sitting Around will continue to renew subscriptions until the User requests a cancellation. If a User cancels the subscription, the User will have access to subscription benefits until the end of the then-current subscription term; the subscription will not be renewed after that term expires. However, Users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.
Users agree not to hold Sitting Around, Sitting Around'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 User. Users release Sitting Around 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 Sitting Around as provided hereunder. Sitting Around 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. 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, Sitting Around may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of Sitting Around as posted on the Site from time to time. If Sitting Around terminates a User's membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Sitting Around. Except as required by law, Sitting Around is not required to provide any User with notice prior to terminating the User's membership and/or subscription. Except as required by law, Sitting Around 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 membership or subscription 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.
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 Sitting Around Inc. or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Sitting Around 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 Sitting Around Site without Sitting Around'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 Sitting Around and/or the relevant right holder.
Notice of Trademark Rights
Copyright Complaints and Copyright Agent
Sitting Around respects the intellectual property of others, and asks Users to do the same. Sitting Around is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, Sitting Around asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide Sitting Around's Copyright Agent with the following information:
- 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
- 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 Sitting Around to locate the material, and explain why you think an infringement has taken place;
- 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;
- Your address, telephone number, and e-mail address;
- 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.
- 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.
Sitting Around 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
Sitting Around 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 Sitting Around 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 and account name provided by themselves or Sitting Around for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify Sitting Around 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 Sitting Around in any way merely by virtue of their membership or usage of Sitting Around's Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Sitting Around is not an employment service and does not serve as an employer of any User that may use this Site. Sitting Around is only a venue for connecting Users. As such, Sitting Around 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 Sitting Around 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. Sitting Around IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE 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 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 ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. Sitting Around INC. 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 DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. Sitting Around 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 Sitting Around 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. 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
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SITTING AROUND 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, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this 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 Seattle, Washington and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Sitting Around may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington, necessary to protect the rights of property for you or Sitting Around 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 shall be interpreted in accordance with the laws of the State of Washington (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Seattle, Washington. 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 Sitting Around and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by Sitting Around with respect to the subject matter except as set forth herein.