These Terms of Service govern your access to and use of the UrbanSitter website and mobile applications (collectively, the “Site”) and any services (the “Services”) offered on the Site. This is a legal agreement between you and UrbanSitter, Inc. (“we”, “us” or “UrbanSitter”).
By clicking the “I Agree” button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site or the Services.
We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.These Terms of Service are organized into the following eighteen sections:
UrbanSitter has no obligation to screen or verify the identity or background of any User. UrbanSitter does not screen or verify the training or experience of any of the Users, including Users who have Subscriptions, or any content submitted by a User or anyone other than UrbanSitter ("User Content"), including but not limited to User Profiles and Reviews. UrbanSitter has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site
UrbanSitter further makes no representations about the Sitters or the Parents. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
UrbanSitter is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and UrbanSitter is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if UrbanSitter is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify UrbanSitter for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
If requested by UrbanSitter, you agree to provide UrbanSitter with such identification documents (including copies of passports and driver’s licenses) or other information as may be needed or requested by UrbanSitter.
URBANSITTER HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
USER AGREES TO RELEASE URBANSITTER AND URBANSITTER’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. ("Affiliated Parties" means UrbanSitter’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
UrbanSitter may, either during or after the registration process, request further information from you and/or use third party services, to verify your account or registration information.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.
Use of Other Users' Personal Information. You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Sitters may not contact Parents, and Parents may not contact Sitters, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Site.
Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent UrbanSitter’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to UrbanSitter’s provision of the Services.
Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by UrbanSitter in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us at firstname.lastname@example.org.
Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at UrbanSitter’s sole discretion. The provisions in Section 15 regarding Disclaimer of Warranty apply to such features or tools.
Group Affiliations. Users may have the option to list certain school or local group affiliations as part of their Profile. Unless expressly stated otherwise, UrbanSitter is not affiliated with any of these listed organizations nor does UrbanSitter verify the User’s membership with such listed organization.
Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of UrbanSitter.
Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to UrbanSitter, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Review Guidelines. Parents will have the opportunity to provide Reviews about Sitters they have used. Reviews should not include any personal information about a Sitter that is not disclosed in the Sitter’s public Profile (for example, the Review should not include or reference a Sitter’s address or phone number). Reviews should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
By UrbanSitter. UrbanSitter may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Subscription and/or your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by UrbanSitter, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s Subscription and/or account, UrbanSitter may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by UrbanSitter, you may not re-register without UrbanSitter’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
By User. As a User, you may terminate your account at any time by going to My Account and then Settings and then clicking on "Delete my account." You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If you have a Subscription, you may cancel it in accordance with Section 9.
Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account’s termination may not be available to you if you re-register with UrbanSitter. Upon the termination of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Site and Services that are available to Users who do not have Subscriptions. If following the termination or cancellation of your Subscription and/or account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms of Service. In addition, regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of these Terms of Service will continue in full force and effect.
Background Checks Ordered by Sitters. Sitters may order background checks from one or more third-party verification services (each, a "3rd Party Verification Service") made available through the Service that allow Sitters to provide verification of their own information such as, for example, name, social security number, and criminal background.
To the extent permitted by law, UrbanSitter will receive and review a copy of each background check a Sitter orders through the Service. If the 3rd Party Verification Service reports that a Sitter has cleared the 3rd Party Verification Service's background check, at UrbanSitter's discretion, this information may be included on the Sitter's Profile along with the date the Sitter cleared the background check for a period of up to 12-months from the background check date (after which period, it shall be the Sitter's responsibility to reinitiate, if the Sitter chooses, a new background check). You understand that UrbanSitter retains the right, but has no obligation, to take action with respect to your UrbanSitter account based on the information contained in the background check report, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information in the report is subsequently corrected or completed. Use of a 3rd Party Verification Service is voluntary, and UrbanSitter does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information contained in a background check report must be addressed with the 3rd Party Verification Service that provided the report (and not UrbanSitter).
Please note that 3rd Party Verification Services may be incomplete, not up-to-date, and may not provide all information about a User that may be relevant to you such as, for example, traffic violations, address verification, and pending criminal and/or civil complaints. Accordingly, you should take such actions as you feel are appropriate to evaluate a User's background.
Background or Verification Checks Ordered by UrbanSitter. UrbanSitter has the right, but not the obligation, to order a background check on Sitters from a 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service, each to the extent permitted by law. You understand that UrbanSitter retains the right, but has no obligation, to take action with respect to your UrbanSitter account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. UrbanSitter does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information (and not UrbanSitter). By agreeing to these Terms of Service, you consent to UrbanSitter performing background and/or verification checks on you. If you do not want these checks performed, do not use the Site or the Services.
If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless UrbanSitter and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. UrbanSitter does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
Fees and Subscriptions. Where indicated on the Site, fees are charged to access and use certain Services on the Site. For example, Users may purchase subscription memberships, and access passes, (“Subscriptions”) to use and access certain Services (“Premium Services”) that are not available to Users who do not have Subscriptions.
A description of current Subscription plans for Sitters is available here.
Services, including the Subscription plans and the Premium Services available under such plans, and fees (including which Services are charged fees) are subject to change or termination by UrbanSitter from time to time without notice. If there is any change to the Subscription plans, Premium Services or fees, the pages listing the current Subscription plans and Premium Services or fees, respectively, will be updated.
Users who use these fee-based Services agree to pay UrbanSitter the applicable fees then in effect. In addition, Users authorize UrbanSitter to charge their chosen payment provider for use of the Site. UrbanSitter reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if there is any change to the Subscription plans or Premium Services available thereunder.
Subscriptions, fee credits (if any), and any other items or benefits associated with a User’s Subscription are nontransferable.
Subscription Renewals and Cancellation. Subscriptions, with the exception of access passes, will continue until cancelled by the User. At the end of your Subscription period, your Subscription will automatically renew for the same Subscription period (for example, monthly or annually) at the then-current Subscription rate for the applicable Subscription plan, unless you cancel your Subscription before it renews. For example, if you signed up for an annual Subscription plan, at the end of the initial one-year period if you haven’t yet cancelled your Subscription, your Subscription will be automatically renewed for another one-year period at the then-current rate for annual Subscriptions. For any automatic renewal, you authorize UrbanSitter to charge your selected payment method the then-current applicable fee in accordance with the Subscription plan you selected.
To cancel your Subscription, complete the subscription cancellation form available here. The cancellation will be effective at the end of your then current Subscription term. If you cancel your Subscription, you will continue to have access to your Premium Services associated with your Subscription until the cancellation becomes effective. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if you cancel your Subscription and/or account. All Premium Services cease when your Subscription’s cancellation becomes effective; your Subscription will not renew thereafter. Upon the effective cancellation of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Site and Services that are available to Users who do not have Subscriptions. Cancelling your Subscription will not delete your account. You can delete your account on your My Account page.
Free Trials and Promotional Offers. UrbanSitter may offer limited time, free trial Subscriptions or Promotional Offers from time to time. Users under a free trial Subscription will have access to such Premium Services as decided by UrbanSitter. UrbanSitter may require a User to provide the User’s payment information to start a free trial. For such free trials, UrbanSitter may automatically charge the User for the Subscription on the first day following the end of the free trial period, on a recurring monthly or annual basis or as otherwise described in the offer for the free trial. To avoid such charges, Users with free trial Subscriptions must cancel their Subscription before the end of the free trial period. Promotional Offers, which may include discount codes or account credits toward fees, may be subject to expiration dates and may only be applicable to select Users.
Payment Information. If you purchase a Subscription (or have a free trial Subscription), use UrbanSitter's Online Payment Service or otherwise use any of UrbanSitter's fee-based Services, you agree to UrbanSitter storing your payment card information. Users with Subscriptions are responsible for maintaining current and accurate payment card information associated with their accounts. Without limiting Section 5.a., UrbanSitter may terminate a User’s Subscription and/or account if the User’s payment card information is expired or is otherwise invalid.
Users of UrbanSitter's mobile applications may have the option to receive push notification alerts from UrbanSitter. If push notification alerts are available, you will be given an option to consent to receiving them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.
Copyright. All materials on the Site other than User Content are either owned by UrbanSitter or are the property of UrbanSitter’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.
Trademarks. The service marks and trademarks “UrbanSitter” and the UrbanSitter logo are owned by UrbanSitter. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of UrbanSitter and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
Ownership and Use. UrbanSitter retains ownership of its intellectual property rights and you have no rights to UrbanSitter’s intellectual property or UrbanSitter’s rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.
Your Content. Other than the non-exclusive license granted to UrbanSitter with respect to User Content (described in Section 4.c. above), UrbanSitter will not acquire an ownership interest in the User Content you post.
YOU AGREE TO RELEASE URBANSITTER AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR URBANSITTER.
UrbanSitter's Copyright Agent is:Copyright Agent UrbanSitter, Inc. 601 California Street, #607 San Francisco, CA 94108 Email: email@example.com Telephone: 415-653-1340