User Agreement And Terms Of Service

ACCEPTANCE OF TERMS www.sitterland.com ("Sitter Land") provides it's ("SERVICE") to our CLIENT and/or their assigns, parent and/or and successor companies ("CLIENT"), subject to the following User Agreement and Terms of Service ("AGREEMENT"), which may be updated from time to time without notice to CLIENT. You can review the most current version of the AGREEMENT at any time at: http://www.sitterland.com/terms.htm . In addition, when using particular Sitter Land services, you and Sitter Land shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the AGREEMENT. Sitter Land also may offer other services from time to time, that are governed by additional Terms of Services. COMPLETE AGREEMENT This AGREEMENT represents the complete and exclusive statement of the agreements between Sitter Land and CLIENT and supersedes all prior agreements and representations between them. The use of Sitter Land SERVICE and SOFTWARE by CLIENT is expressly made conditional on CLIENT's assent to the terms set forth herein. Sitter Land agrees to furnish the SERVICE and SOFTWARE only upon these terms. DESCRIPTION OF SERVICE Sitter Land provides CLIENT with access to a rich collection of resources, the ("SERVICE"). Unless explicitly stated otherwise, any new features that augment or enhance the current SERVICE, shall be subject to this AGREEMENT. CLIENT understands and agrees that the SERVICE is provided "AS-IS" and that Sitter Land assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any data or settings for CLIENT. REGISTRATION OBLIGATIONS In consideration of CLIENT's use of the SERVICE provided by Sitter Land, CLIENT agrees to: (a) provide true, accurate, current and complete information about yourself as prompted by Sitter Land, such information being the ("Registration Data") and (b) maintain and promptly update the REGISTRATION DATA to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sitter Land has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sitter Land has the right to suspend or terminate the SERVICE and refuse any and all current or future use of the SERVICE (or any portion thereof). CONDUCT CLIENT understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("CONTENT"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that CLIENT, and not Sitter Land, are entirely responsible for all Content that it uploads, posts, emails or otherwise transmits via the SERVICE. Sitter Land does not control the Content posted via the SERVICE and, as such, does not guarantee the accuracy, integrity or quality of such Content. CLIENT understands that by using the SERVICE, they may be exposed to CONTENT that is offensive, indecent or objectionable. Under no circumstances will Sitter Land be liable in any way for any CONTENT, including, but not limited to, for any errors or omissions in any CONTENT, or for any loss or damage of any kind incurred as a result of the use of any CONTENT posted, emailed or otherwise transmitted via the SERVICE. CLIENT acknowledges that Sitter Land does not pre-screen CONTENT, but that Sitter Land and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any CONTENT that is available via the SERVICE. Without limiting the foregoing, Sitter Land and its designees shall have the right to remove any CONTENT that violates the AGREEMENT or is otherwise objectionable. CLIENT agrees that they must evaluate, and bear all risks associated with, the use of any CONTENT, including any reliance on the accuracy, completeness, or usefulness of such CONTENT. In this regard, CLIENT acknowledges that they may not rely on any CONTENT created by Sitter Land or submitted to Sitter Land. PAYMENT FOR SERVICE All invoices submitted by Sitter Land are payable by CLIENT upon receipt. Specific payment amounts, schedule and terms of payment shall be provided by Sitter Land to CLIENT. Payment will be made automatically Credit Card unless other arrangements are made by Sitter Land with CLIENT. INDEMNITY CLIENT agrees that it shall defend, indemnify, save and hold Sitter Land harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, asserted against Sitter Land, that arise or result from any use of the SERVICE by CLIENT, its officers or employees. USE AND LIMITS CLIENT acknowledges that Sitter Land may establish general practices and limits concerning use of the SERVICE or SOFTWARE. CLIENT acknowledges that Sitter Land reserves the right to delete accounts that are inactive for an extended period of time. CLIENT further acknowledges that Sitter Land reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Sitter Land reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SERVICE, SOFTWARE, or any part thereof with or without notice. CLIENT agrees that Sitter Land shall not be liable to CLIENT or to any third party for any modification, suspension or discontinuance of the SERVICE. TERMINATION CLIENT agrees that Sitter Land, in its sole discretion, may terminate CLIENT's password, account (or any part thereof) or use of the SERVICE, and remove and discard any CONTENT within the SERVICE, for any reason, including, without limitation, for lack of use, payment delinquency, or if Sitter Land believes that CLIENT has violated or acted inconsistently with the letter or spirit of the AGREEMENT. Sitter Land may also in its sole discretion and at any time discontinue providing the SERVICE, or any part thereof, with or without notice. CLIENT agrees that any termination of access to the SERVICE under any provision of this AGREEMENT may be effected without prior notice, and acknowledge and agree that Sitter Land may immediately deactivate or delete CLIENT's account and all related information and files and/or bar any further access to such files or the SERVICE. Further, you agree that Sitter Land shall not be liable to CLIENT or any third-party for any termination of CLIENT access to the Service. SEVERABILITY If any provision of this AGREEMENT is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this AGREEMENT. ARBITRATION All disputes arising out of or in connection with the present AGREEMENT shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. DISCLAIMER Sitter Land and/or its respective suppliers make no representations about the suitability of the SERVICE and SOFTWARE for any purpose. The SERVICE and SOFTWARE are provided "as is" without warranty of any kind. Sitter Land and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the SERVICE and SOFTWARE, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Sitter Land and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with use of the SERVICE or SOFTWARE. The SERVICE or SOFTWARE could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Sitter Land and/or its respective suppliers may make improvements and/or changes in the SERVICE or SOFTWARE at anytime. ELIGIBILITY Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of thirteen (13). Any misstatements and/or misrepresentations regarding the age, background, experience and/or eligibility for employment are not the responsibility of Sitter Land. Sitter Land does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by users of this SERVICE. Users do hereby represent, understand and agree to hold Sitter Land harmless for any misstatements and/or misrepresentations made by any users of this SERVICE. COPPA COMPLIANCE Parents should monitor children's use of the Internet. The SERVICE is intended for people 13 or over. We have also made an effort to specifically limit appeal of the SERVICE to people of age 13 or over. Sitter Land takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We are also strong supporters and maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using the SERVICE. Should we determine that you provide any false information to us when using the SERVICE, your account will be terminated immediately. For information about commercial products to assist Parents in filtering material on the Internet that Parents find harmful, see Sites with information on filtering products. NO AGENCY You and Sitter Land are not legally affiliated in any way by virtue of your membership or usage of the SERVICE or intellectual property other than the terms and conditions stated in this AGREEMENT and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this AGREEMENT. Sitter Land is not an employment service and does not serve as an employer of the users of the SERVICE. As such, Sitter Land expressly disclaims any liability that may arise between users of the SERVICE. NOTICES Any notices claiming copyright or trademark infringement should be sent to: notice@sitterland.com . Any rights not expressly granted herein are reserved. LEGAL COMPLIANCE CLIENT shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of Sitter Land Services.
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