Sitter Haven – Terms of Use

Last Updated: July 26, 2024

These Terms of Use are effective immediately for all sitterhaven.com users who first visit or join on or before July 26, 2024, and on August 15, 2024 for all other users. To access the Terms of Use that remain in effect until August 15, 2024, for members who joined before July 26, 2024, please click here.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.

These Terms of Use (the “Terms” or “Agreement”) are a legally binding contract between you, as a user, and Sitter Haven, in relation to the Site and the Services we provide (as such terms defined below). 

• Please read these Terms before using the Site or the Services. By accessing or using the Site or the Services in any way, you represent, warrant, understand, agree to and accept these Terms in their entirety regardless of whether or not you formally register as a user of the Site or Services (thereby becoming a “Registered User”). If you object to anything in these Terms, do not access or use the Site or the Services.

• This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Sitter Haven to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”). Except as specifically described in Section 13, unless you opt out you will only be permitted to pursue claims or seek relief against Sitter Haven on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.

• These Terms include Sitter Haven Club Privacy Policy, which is incorporated herein.

• These Terms are subject to change by Sitter Haven at any time as follows. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect at least 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.babysittersclubnj.com/terms-of-use for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

The “Site” means www.babysittersclubnj.com and any other websites, web pages, mobile applications and/or mobile websites operated by Sitter Haven (“Sitter Haven”, “we” or “us”) that link to these Terms, and the “Services” shall mean any of the various services that Sitter Haven provides through the Site or any other channels, including without limitation, via email, other electronic communication method, or over the telephone, and are further defined below.

1. Description of Services; Limitations; User Responsibilities

1.1 About Our Services

Welcome to Sitter Haven! We offer an online platform via https://sitterhaven.com (the “Site”), together with other online and/or offline marketing and coordination methods and interactions, including but not limited to social media, for various related services including Trucare (collectively, the “Services”) to help individual users (“Families”) find, coordinate, and maintain care for themselves and their families by connecting them with individuals and entities who provide child care, home care, and other care services (“Sitters”).

Our Services help Families and Sitters find, coordinate, and maintain care services. Our Services include:

• Allowing Families to publish, list or post jobs or other inquiries, search for Sitters, and communicate with them;

• Allowing Sitters to create profiles, browse jobs or other inquiries, apply, and communicate with Sitters; and

• Providing certain tools and information to help users evaluate each other, such as sharing registration and background information of Sitters with Families, background check services, subject in all instances to the Terms set forth below.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2 Limitations of our Services

We offer Services to help our users find, coordinate, and maintain care. However, we do not employ Sitters or determine their suitability. Families are solely responsible for selecting appropriate Sitters, paying the Sitters, and complying with applicable laws.

This means Families are solely responsible for:

• agreeing with Sitters as to the nature and delivery of the care services that will be provided, the amounts to be paid to the Sitters, and the timing and manner with respect to how the Sitters will perform such care services;

• payment to each Sitter for the care services performed, via Venmo, PayPal, or other agreed-upon method between a Family and the Sitter, that ensures the correct amount is paid to the Sitter in accordance with the agreement reached between the Sitter and the Family for the care services rendered; and

• compliance with all applicable independent contractor, employment, labor, and other laws in connection with the care services performed by a Sitter, whether as an independent contractor or otherwise (such as applicable Ban-the-Box, Fair Chance, payroll, tax, labor, and minimum wage laws).

• We do not control or verify user generated content posted on the Site or in relation to the Services. We disclaim liability for its accuracy, appropriateness and legality. Opinions expressed by users are not endorsed by us and are disclaimed by us. We disclaim any liability that may result from the use of information provided on our Site or by other users in relation to the Services.

• We do not refer or recommend Families or Sitters. We do not make any representations about the suitability, reliability, timeliness, or accuracy of the care services provided by Sitters or the integrity, responsibility or actions of Families or Sitters whether in public, private, online, or offline interactions. Any screening of a Family or Sitter and his, her or its information by Sitter Haven is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as a Family or a Sitter.

• We are not an employment agency or staffing firm and do not procure employment for anyone. We do not make any guarantees about opportunities available through the Site for any user, including but not limited to any Family or Sitter.

• We do not control, monitor, or supervise, the quality, timing, hours, pay, legality, or any other aspect of care services delivered by Sitters, nor do we require Sitters to respond to or follow-up on inquiries or accept or work any jobs or deliver any care services.

• We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.

• We may verify certain information for Registered Users such as their email address or cell phone number. If we indicate that certain information has been verified, it means the Registered User has complied with the process we have established for verifying such information. However, we do not guarantee, represent, or warrant, that the information is accurate or that it belongs to the Registered User who supplied it. 

Please review carefully the Release of Liability From Third-Party Content and Conduct that appears in Section 9 below for important limitations on Sitter Haven’s liability to which you have agreed by accessing or using the Site or Services in any manner. 

1.3 User Responsibilities

It is the sole responsibility of Registered Users to interview, vet, perform background and reference checks on, verify information provided by, and select an appropriate Family or Sitter. 

Each Family is responsible for complying with all applicable employment and other laws in connection with any relationship they establish, independent contractor, or otherwise, including verifying the age of the Sitter they select as well as that Sitter’s eligibility to work in the U.S. and the State, county, and municipality where the care services are being provided. 

2. Eligibility to Use the Site and Services

2.1 User Representations and Warranties

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by these Terms. You also represent and warrant that you meet the following eligibility criteria:

• You intend to use the Site and/or the Services solely for the purpose of finding or managing care or care-related jobs or services, or for finding or sharing information relating to care.
• Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not access, use, or register to use the Site or Services.
• The Site and the Services are currently available only to individuals who reside legally in the United States.
• If you are registering to be a Sitter, you must be legally permitted to work within the United States, and within the State, county, and municipality where any care-related job or services will be provided.
• Neither you nor any member of your household may have ever been:
• the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
• any felony;
• any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or
• any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
• registered, or currently required to register, as a sex offender with any government entity.
• If you are an individual Family you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. 

2.2 Non-Solicitation and Prohibition on Direct Communications Between Families and Sitters 

By requesting to use, registering to use and/or accessing or using the Site or the Services, you represent and warrant that for so long as you are a user of the Site or the Services and for one year thereafter, you will not:

• Solicit or induce any of our Sitters to terminate or breach the terms of the Sitter’s relationship with us; or

• Solicit or induce, directly or indirectly, any Sitter to communicate with or contract with you or any other person or to otherwise communicate with, contract with, or engage the Sitter except through the Site or the Services provided by Sitter Haven. 

• Solicit or induce, directly or indirectly, any Family to communicate with or contract with you as a Sitter or to otherwise communicate with, contract with, or engage you as a Sitter except through the Site or the Services provided by Sitter Haven.

You acknowledge and agree that any breach of this non-solicitation provision will cause substantial damages to Sitter Haven, the costs of which would be too difficult to quantify with any degree of certainty. In the event of any such breach by you, you agree to pay Sitter Haven the greater of (a) twenty-five percent (25%) of the total compensation paid by you to any Sitter or paid to you by any Family on account of any such breach; and (b) $5,000.

You acknowledge and agree that these damages constitute compensation, not a penalty, and are a reasonable estimate of the anticipated or actual harm to Sitter Haven on account of any such breach.

3. Rules for User Conduct and Use of Services

3.1 Registration, Posting, and Content Restrictions

These rules apply to any content you upload, transmit or display on the Site or through the Services, including communications, images, audio, video, documents, text, and other material and information (“Content”).

With respect to any Content you provide, you agree:

• To provide accurate, current and complete information, including complete account and profile information.
• To register in your own legal name, even if you are seeking care for another person.
• To communicate in English, as other languages are not fully supported. 
• Not to post anything defamatory, abusive, obscene, threatening, harassing, hateful, racially or sexually offensive, illegal, infringing on others’ rights, or otherwise inappropriate.
• To ensure you have the right to post any Content, including permission regarding any Content about minors.
• Sitter Haven may review and remove any Content that violates these Terms or is deemed inappropriate at our discretion.
• To grant, to Sitter Haven, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. 
• Public posting and use of your Content by you or Sitter Haven will not infringe or violate the rights of any third party.
• To follow all applicable laws and regulations.
• Any ideas, feedback or suggestions, or other communications you send or provide to Sitter Haven through any channel (such as the Site, email, telephone, surveys, mailings, social media, etc.) about the Site or the Services shall be owned exclusively by Sitter Haven, which may use such ideas, feedback, suggestions or communications without notice to or consent from you or compensation to you.

As Content on the Site is primarily user-generated, Sitter Haven cannot guarantee its accuracy or reliability. We disclaim responsibility or liability for Content provided by users, including any false or defamatory statements. Users agree to hold Sitter Haven harmless for any misrepresentations or false statements they make on the Site or through the Services.

User opinions, advice, offers, and other non-Babysitters Club content are the sole responsibility of the users providing them. Sitter Haven does not guarantee their accuracy, endorse them, or accept liability for them. Under no circumstances will Sitter Haven be responsible for any loss or damage resulting from your reliance on information or Content posted by users.

Sitter Haven has no obligation to remove reviews or information posted about you or others. If you disagree with a review, you may post one rebuttal that complies with these Terms. Do not terminate and re-register your account to avoid having a review associated with it. Review authors can remove or request removal of their own reviews.

3.2 Usage Restrictions

Families may only use the Site and the Services to find care for themselves, close family members, those they legally care for, or shared care arrangements with other Families. 

Sitters may only use the Site and the Services to find jobs or care services for themselves. 

You are responsible for all activity on your account, which is non-transferrable.

3.3 Prohibited Uses

When using the Site or the Services, you will not:

• Use them for anything abusive, threatening, obscene, offensive, illegal, fraudulent or unintended.
• Harass, abuse or harm others.
• Use someone else’s account.
• Provide false information or re-register to avoid reviews.
• Interfere with Site functionality.
• Take actions that strain Site infrastructure.
• Bypass Site access restrictions or data gathering limits.
• Solicit users for outside commercial purposes.
• Publish or link to malicious or disruptive content.
• Use the communication systems provided by or contacts made on Sitter Haven for any solicitation purposes other than those expressly permitted by Sitter Haven.
• Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

To protect users, we may restrict the messages you can send in a given time period. We reserve the right to immediately terminate your access if you violate these Terms. To maintain Site integrity, we can also block certain IP addresses at our discretion.

4. Background and Verification Checks

4.1 Background Checks for Sitters 

Sitter Haven offers background check services from third-party consumer reporting agencies to registered Sitters and Families. These “Background Checks” may be available for purchase by both Families and Sitters or just one group, depending on the specific Background Check. All Background Checks require consent from the Sitter being screened and payment of a separate fee by the requesting party.

Background Checks are regulated by the Fair Credit Reporting Act (FCRA) and the resulting reports are considered “consumer reports” under the law. They may contain information on the subject’s character, reputation, personal characteristics, and lifestyle, including criminal history, credit, employment, education, driving and more.

Sitter Haven receives a copy of each Background Check ordered through our platform. We use them as described in these Terms, including in Section 4.3 below. Provide an accurate email address, as sensitive information such as Background Checks will be sent there.

If a Sitter authorizes a Background Check requested by a Family, the results will be shared with the Family regardless of the findings. 

If a Sitter orders a self-Background Check, we may note on their profile or otherwise that the Background Check was completed but won’t share the results with Families without authorization from you.

4.2 Special Responsibilities When Using Background Checks 

Use of Background Checks is governed by the FCRA and certain state laws. Persons requesting a Background Check on someone else are considered end-users of the report and must certify their compliance with applicable laws before receiving it.

A summary of your responsibilities in using the information contained in Background Checks can be found https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.

If there is negative data in a check you receive, and you choose to take “adverse action” (like rejecting or passing on a candidate) on the basis of this negative data, you must agree to take certain procedural steps, which can be found in the website referenced in the preceding sentence. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in it and the subject’s right to contest the accuracy or completeness of the report. Depending on the specific Background Check, If the consumer agency that performed the check does not complete these steps on your behalf, then you must make any of the required notifications. 

4.3 Our Use of Authorized Background Checks 

By registering as a Sitter, you agree that Sitter Haven may review and use any Background Checks you order or authorize on yourself to help protect the safety and integrity of our platform and users. For some Sitters this may be deemed an employment purpose under the FCRA. We may, in our sole discretion, terminate your account based on the results, even if they are later changed.

If Sitter Haven terminates your access to the Site or the Services based on the results of your Background Check, we’ll provide you with the contact info of the reporting agency and a copy of the report (unless the consumer reporting agency already provided the Background Check to you directly).

You agree that Sitter Haven isn’t responsible for the accuracy or quality of the information included in Background Checks. Address any inaccuracies with the reporting agency, not us.

4.4 Sitter Haven May Order and Use Background Screenings About You

By registering as a Sitter or Family, you agree that Sitter Haven has the right, but not the obligation, to utilize third-party screening services to run periodic background checks on you to protect our platform and users. For some Sitters this may be an employment purpose under the FCRA. Subject to additional disclosures and authorizations if applicable, these “Preliminary Membership Screens” may be ordered when you first join and later in connection with your ongoing use of our Services.

Preliminary Membership Screens are also regulated by the FCRA and the reports may be consumer reports under the law. We may review the results and terminate your account based on the information, even if it is later changed. We’ll notify you of any adverse action and share a copy of the report as described above. Address inaccuracies with the agency, not us.

BY ACCEPTING THESE TERMS, AND FOR SITTERS PROVIDING ANY ADDITIONAL REQUIRED AUTHORIZATION, YOU AUTHORIZE SITTER HAVEN TO CONDUCT THESE INTERNAL SCREENS. IF YOU DON’T AGREE, DON’T USE OUR PLATFORM.

4.5 Ongoing Verification of Your Information

By registering as a Sitter or Family, and for Sitters providing any additional required authorization, you authorize Sitter Haven to use third-party services to verify on an ongoing basis that your registration information is accurate and that you are in compliance with the representations in Section 2 regarding your identity, background, and legal history. We call these “Verification Checks.”

Third parties may cross-reference your data against various databases, including criminal records, sex offender registries, watch lists, media streams and more. We may suspend or terminate your account based on the results. We aren’t obligated to share Verification Check findings but may do so with law enforcement or others as permitted by law.

BY ACCEPTING THESE TERMS, AND FOR SITTERS PROVIDING ANY ADDITIONAL REQUIRED AUTHORIZATION, YOU AUTHORIZE SITTER HAVEN TO CONDUCT VERIFICATION CHECKS. IF YOU DON’T AGREE, DON’T USE OUR PLATFORM.

4.6 Important Limitations; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks 

Background Checks have limitations and may not reveal a complete history due to:

• Legal reporting restrictions that vary by state and county
• Limited scope of databases used
• Inaccurate/incomplete data provided by checked individuals
• Delays in public record updates
• Human error or technical issues
• Inaccuracy of personal information provided by the person who authorized the report

This is an illustrative, non-comprehensive, list of certain limitations of Background Checks, including Preliminary Membership Screens and Verification Checks; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records). Criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.

If accessing a Background Check, use it legally. You agree to release, indemnify, and hold harmless Sitter Haven from any loss, liability, injury, death, damage, or costs arising out of your use of or reliance on the information contained in a Background Check, including issues with accuracy or completeness.

Sitter Haven is not obligated to run Background Checks, Internal Screens or Verification Checks on any users. When we do, they are limited and not definitive proof of a user’s history or suitability for the Site or the Services.

5. Termination

Sitter Haven may, at its sole discretion and without prior notice, immediately terminate your access to all or part of the Site and/or Services for any reason, including but not limited to:

• Determining that you are ineligible to use the Services
• Believing that you have violated the Terms or any additional terms that are applicable
• Concluding that you are unsuitable to be a Registered User
• Suspecting that you have misused Site content on competing or third-party platforms

If your access is terminated, Sitter Haven may also remove your profile and any content posted by or about you on the Site or in relation to the Services. We are not obligated to provide you with copies of any removed content or to notify you of any reason for termination.

Notice to Other Users

If an individual’s access to the Site or Services is terminated, Sitter Haven reserves the right, but not the obligation, to notify other Registered Users who we believe have communicated with that individual.

However, the decision to terminate an account and/or notify related users does not reflect any official determination by Sitter Haven regarding the terminated user’s character, reputation, personal qualities or lifestyle. Such actions should not be interpreted as a judgment on those matters.

6. Privacy

Sitter Haven uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

7. Third-Party Links and Content

Sitter Haven may contain links to external websites, including sites that are framed within our platform, as well as advertisements and other third-party content. These links and content are provided for your reference and convenience only. Their inclusion does not imply that Sitter Haven endorses, approves, or takes responsibility for the linked sites, their content, products, services, advertising or other materials.

Sitter Haven does not control or assume liability for any third-party websites or content. Those sites are governed by their own terms of use, privacy policies and practices, which are separate from and may differ from Sitter Haven’s Terms and Privacy Policy. We encourage you to review the policies of any external sites you visit.

By using our Site, you agree that Sitter Haven is not liable for any issues, losses or damages that may arise from your use of or interaction with linked sites and third-party content. You hereby release and hold harmless Sitter Haven from any liability or claims stemming from your access to and activities on websites reached through links on our Site. Your use of external sites is at your own risk.

8. Payment And Refund Policy

To utilize some of the Services or product offerings of Sitter Haven, the user of such Services or product offerings must pay Sitter Haven either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. 

8.1 Billing and Payment

When you sign up for a paid membership, service or product with recurring fees, you agree to pay Sitter Haven all charges described on the Site when you provide your payment details. You authorize us or our third-party payment processor to charge your selected payment method on the specified billing cycle and agree to pay any additional fees charged by third-party payment processors to us for processing the payments.

We reserve the right to correct any errors in the billing process, even if payment has already been requested or received. For one-time purchases, you authorize us to charge your payment method on file, which may include a card used for prior purchases.

Sitter Haven may change its fees for services or products obtained through the Site at any time. We’ll make reasonable efforts to provide notice of changes, but you are responsible for all charges to your account whether or not you received specific notice.

8.2 Automatic Subscription Renewal and Cancellation

PAID SUBSCRIPTIONS AND RECURRING SERVICES CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.

For subscriptions of periods of recurring Services, your plan will automatically renew at the end of each term for another period of the same length, at the price and frequency disclosed when you signed up, unless otherwise specified. If you have a multi-month plan with monthly charges and cancel mid-term, you’ll continue to be billed monthly for the remainder of the current term.

For other recurring services, you’ll be charged at the interval noted when you purchased until you expressly cancel.

Sitter Haven may periodically adjust recurring fees. We’ll notify you of increases via email or prominent notice on the Site at least 30 days in advance, so you can choose to continue or cancel. Non-material changes take effect when posted.

To cancel a paid subscription, contact us or follow the steps on your account settings page. You can typically continue using the service for the remainder of the current paid term. Your plan won’t renew at the next cycle, but you may still be charged any early termination fees disclosed when you signed up. 

8.3 Installment Plan Options

We may allow certain offerings to be paid in installments over time. For subscriptions, this option may only apply to the initial term, not renewals.

By choosing an installment plan, you agree to pay all installments described when you provided payment details. This is a commitment to pay the full amount, even if you later cancel the service (unless otherwise required by law).

If we are unable to process an installment on your selected payment method, we may take actions including suspending or terminating your subscription or account access. Sitter Haven is not liable for these measures or their effects.

This doesn’t limit our separate right to terminate your account under Section 5.

8.4 Free Trial Offers

Sitter Haven may offer time-limited free trials with reduced access to certain Services. If you don’t cancel before the trial ends, you’ll typically be converted to a paid subscription at the then-current rates, unless otherwise specified when you signed up.

To avoid charges after a trial, you must downgrade or cancel before the trial period expires. If you are charged after a trial and haven’t used the paid service, you can request a refund within 30 days. Upon cancellation and qualification, the most recent subscription charge will be refunded.

8.5 Reward Points

We may award reward points redeemable for products/Services as described on the Site or otherwise by us. These have no cash value (except where required by law), are non-transferable, and can’t be refunded or partially redeemed.

Points have no fixed value but are limited to the lesser of the item cost, any stated caps on the Site or otherwise stated by us, or the maximum point value listed (which may change). They expire as noted on the Site and/or in any specific terms. Unused points are forfeited if your account no longer qualifies or is closed under Section 5.

8.6 Refund Policy

Except as described in the Terms or on the Site when purchased or otherwise by us, all payments for subscriptions, services and products are non-refundable. There are no refunds or prorations for partial use or early cancellation of a paid offering. All sales are final.

9. Release of Liability

By using this Site or our Services, you hereby represent, understand, and agree to release and hold Sitter Haven (and our officers, directors, members, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or corporate partners (“Affiliates”)) harmless from any claim or controversy that may arise out of: 

• the actions or inactions of, or the relationship between, you and any Family, Sitter or other user(s) of the Site or Services; and 
• any information, instruction, advice or services created by any Family, Sitter, or other third party that appeared on, or was communicated through, the Site or Services.

Sitter Haven and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from any of the above. 

10. Age Restrictions

Sitter Haven is intended for people 18 or over. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.

11. Disclaimers; Limitations; Waivers; Indemnification

11.1 No Warranty

The information and materials contained on the Site or in relation to the Services, including but not limited to posts, text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Sitter Haven, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SITTER HAVEN DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SITTER HAVEN; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SITTER HAVEN EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. 

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, SITTER HAVEN MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE OR SERVICES TO PROVIDE SERVICES AS A SITTER OR TO ENGAGE THE SERVICES OF A SITTER. 

WITH RESPECT TO CORPORATE FAMILIES, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE FAMILY, SITTER HAVEN OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL SITTER HAVEN OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. 

11.2 Assumption of Risk

While Sitter Haven takes steps to promote a safe community, using our Site or Services to find care or care-related jobs has inherent risks. We do not train, supervise or monitor Families or Care Provides, and cannot guarantee all interactions with other Registered Users, other users, their families, or their associates will be completely safe and respectful.

By using our platform, you agree to assume all risks involved, including but not limited to injury, illness, death and other harm from your online or offline dealings with other users. You acknowledge that you cannot solely rely upon any vetting or screening measures that we take for Families or Sitters. You agree to take all appropriate precautions in your interactions with other Site visitors, Sitters, Families, their families, or others associated with them.

11.3 Limitation of Liability

Exclusion of Certain Damages and Aggregate Liability. Sitter Haven will not be liable for any indirect, special, incidental or consequential losses or damages arising out of your use of, or inability to use, the Site or Services. This includes, without limit, damages from loss of data, content removal, email issues, site access interruption, viruses, or third party conduct, even if we’ve been advised such damages may occur. 

UNDER NO CIRCUMSTANCES WILL SITTER HAVEN AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID SITTER HAVEN FOR THE USE OF THE SITE OR ANY SERVICES, THE AMOUNT OF $250.

No Liability for Others’ Actions. IN NO EVENT WILL SITTER HAVEN BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, 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.

Information Not Advice. Any guidance posted on the Site or in relation to the Services is for general information only. It is not a substitute for professional advice. Sitter Haven makes no warranties about the effects of following any such information and disclaims liability for actions taken based on that material. Consult a qualified specialist or professional for your specific concerns.

11.4 Indemnification

By agreeing to these Terms, you agree to indemnify, defend and hold harmless Sitter Haven and its Affiliates from any claims, losses, expenses and demands (including legal fees) made by a third party relating or arising from your:

• Use of the Site or Services in violation of these Terms or applicable law;
• Content you post or transmit through the Site or in relation to Services; and
• Relationship or agreement with any user formed via the Site, including but not limited to Families and Sitters.

You will reasonably cooperate in the defense of such claims. Sitter Haven has the right to control the defense and settlement of any claim triggering this indemnity. You may not settle without our written consent.

You further agree to indemnify Sitter Haven against any claims arising from a third party’s use of content or information you post on the Site or in relation to Services.

12. Copyright Notices/Complaints

It’s our policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site or relating to the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Sitter Haven’s and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Sitter Haven’s agent for copyright issues relating to this Site is as follows:

Sitter Haven LLC

ATTN: Legal Department

Insert address

[email protected]

732-234-9957

In an effort to protect the rights of copyright owners, Sitter Haven maintains a policy for the termination, in appropriate circumstances, of Users and other users of this Site who are repeat infringers.

13. Agreement to Arbitrate

13.1 Agreement to Arbitrate

This Section 13 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof other than those expressly set out in Section 13.4, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Sitter Haven or an Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.  Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SITTER HAVEN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. EXCEPT FOR AS SET FORTH IN SECTION 13.7, UNLESS BOTH YOU AND SITTER HAVEN EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST SITTER HAVEN AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITTER HAVEN USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

13.3 Pre-Arbitration Dispute Resolution

Sitter Haven is always interested in resolving Disputes amicably and efficiently.  Accordingly, both parties acknowledge and agree that before they commence arbitration, they will first make a good faith effort to resolve such Dispute informally.  Such informal resolution requires first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following address:  Sitter haven LLC, Attn: Legal Department, address. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the Dispute; the specific relief sought; and proof of your relationship with Sitter Haven. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the notice, you and Sitter Haven agree to follow the resolution procedures for any Dispute described in this Section 13.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding (“Claim”). The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

13.4 Arbitration Procedures

If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration (except as otherwise specifically provided herein) and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of National Arbitration and Mediation (“NAM”), including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions, as modified by this Arbitration Agreement. For information on NAM, please visit its website, https://www.namadr.com/. Information about NAM’s Rules and fees can be found at https://www.namadr.com/resources/rules-fees-forms/. If there is any inconsistency between the NAM Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court. If you are a Sitter Haven registered user, any demand initiating arbitration, whether filed by You or Sitter Haven must include the email address you used to register with Sitter Haven.

For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Monmouth County, New Jersey (unless otherwise agreed by the parties). If the value of the relief sought is $10,000 or less you or Sitter Haven may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Sitter Haven subject to the arbitrator’s discretion to require an in-person hearing. Attendance at any in-person hearing may be made by telephone by you and/or Sitter Haven, unless the arbitrator requires otherwise.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. Except for decisions in arbitrations that are joined together in a single batch as described in Section 13.7, an arbitrator shall not be bound by rulings in prior arbitrations involving different Sitter Haven users, but is bound by rulings in prior arbitrations involving the same Sitter Haven user to the extent required by applicable law.

Notwithstanding the parties’ decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court in the Superior Court of New Jersey, Law Division, Monmouth County, on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose and with each party specifically agreeing to the exclusive jurisdiction of the Superior Court of New Jersey, Law Division, Monmouth County, Small Claims Court for such disputes that fall within the scope of such court’s jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court.  Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

13.5 Costs of Arbitration

If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sitter Haven will pay as much of any filing and hearing fees in connection with the arbitration in excess of $500 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the arbitrator’s rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11.  You are responsible for all other fees, including your own attorneys’ fees, unless the arbitration rules and/or applicable law provide otherwise.  

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 13.7) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification.  The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

13.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

13.7 Mass Filing Procedures

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Sitter Haven within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Sitter Haven and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. 

You agree to cooperate in good faith with Sitter Haven and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims.  The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims.  Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM.  This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.  Unless Sitter Haven otherwise consents in writing, Sitter Haven does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 13.7.  If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing.  If the batching provision in this subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Sitter Haven shall be entitled to arbitrate any claim that is a part of the Mass Filing.

The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Sitter Haven and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected.  The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Sitter Haven, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Sitter Haven or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period.  If neither Sitter Haven nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of the “Class Action Waiver.” Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.  

13.8 Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new users of Sitter Haven, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current user of Sitter Haven and previously accepted the Sitter Haven Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than thirty (30) days from July 26, 2024. You must mail the Opt-Out Notice to Sitter Haven LLC, Attn: Legal Department, address. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Sitter Haven account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Sitter Haven will likewise not be bound by these arbitration provisions. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed.  All other terms of these Terms will continue to apply.

13.9 Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any material change to this Arbitration Agreement in the future, such change shall not be effective until 30 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Sitter Haven prior to the effective date of the change, but will apply to all claims not yet filed regardless of when such claims may have accrued. If Sitter Haven changes this Arbitration Agreement, any failure to opt out within 30 days of such changes will be deemed acceptance of those changes.

14. Governing Law and Jurisdiction

Choice of Law. These Terms and any claims related to them, whether based in contract, tort or otherwise, will be governed by the laws of New Jersey, including its statutes of limitations. This choice of law provision applies regardless of conflict of law principles. However, the Federal Arbitration Act will control interpretation and application of the Arbitration Agreement in Section 13.

Exclusive Venue for Litigation. Except for small-claims court actions that shall be pursued in the Superior Court of New Jersey, Monmouth County, Law Division, in the event the Arbitration Agreement in Section 13 is found not to apply to you or a specific claim, whether due to your opt-out or a decision by the arbitrator or a court, you agree that any claims or disputes between you and Sitter Haven must be resolved exclusively by a state or federal court located in New Jersey.

Consent to Jurisdiction. For the purpose of litigating all claims or disputes not subject to arbitration, you and Sitter Haven agree to submit to the exclusive personal jurisdiction of the state and federal courts in New Jersey. For qualifying small claims cases, you agree submit to the exclusive jurisdiction of the Superior Court of New Jersey, Monmouth County, Law Division.

15. Consent to Electronic Communications 

By using Sitter Haven’s Site or Services, you agree to receive communications from us electronically. This includes delivery of notices, documents, and products (such as Background Check reports) via the Site, Services, mobile apps, messaging platforms or email.

You consent to Sitter Haven sending you important information by electronic means rather than postal mail. This includes notifying you of material changes to the Terms or our Services.

You agree to regularly check the email address associated with your account, as well as your Babysitters Club account alerts and messages. You are responsible for keeping your email address up-to-date in your account settings.

We may rely on the email address on file to communicate with you. You agree that all notices, disclosures and other communications we send to that email address will satisfy any legal requirements that such communications be in writing.

If your email address becomes invalid such that emails sent to you are returned, we may deem your account to be inactive and stop sending you communications. However, you will continue to be bound by this Agreement.

16. Miscellaneous

This Agreement does not create a partnership, joint venture, agency, employment, or contractor relationship between you and Sitter Haven. Neither party has the authority to bind the other or make statements or commitments on the other’s behalf, except as expressly permitted in this Agreement or with the other party’s written consent. Each Affiliate (as defined in Section 9) is made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

17. Severability

If a court decides that any term or provision of these Terms other than Section 13 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. 

18. Contact Information

If you have any questions or need further information as to the Site or Services provided by Sitter Haven, or need to notify Sitter Haven as to any matters relating to the Site or Services please contact Sitter Haven at:

Sitter Haven LLC
Attn: Legal Departmen

Contact

Tel: 732-234-9957
Email: [email protected]