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Terms of Use

This Agreement governs the use of the services offered by Keikisitters.com, LLC ("Keikisitters.com") at the Keikisitters.com web site.

 

 


General Terms

 Communication between Care Providers and Care Recipients

Keikisitters.com provides a communications platform that allows communication between individuals seeking services ("Care Recipients") and/or individuals seeking to provide services ("Care Providers")(collectively, "Users"). Users do hereby represent, understand and expressly agree that Keikisitters.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Recipients. Keikisitters.com does not represent or warrant the experience, qualifications or background of any of its Users. All Users do hereby expressly agree not to hold Keikisitters.com (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and Keikisitters.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown.

 

 

Transactions

Users of the Site contract between themselves. Keikisitters.com is not involved in the transactions for care services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. Keikisitters.com will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to hold Keikisitters.com harmless for any claim or controversy that may arise from any disputes between Users of the Site, and further agree to defend Keikisitters.com from and for any and all claims, suits, proceedings and controversies.

 

 

Public Areas

If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum. Any usage of the Site by any User that Keikisitters.com finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. Keikisitters.com reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all.

 

 

Eligibility

Our services are available only to individuals who can form legally binding contracts under applicable law. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, open police investigations, experience and/or eligibility for employment in the jurisdiction of the United States of any User of this Site is not the responsibility of Keikisitters.com. Any such misstatements and/or misrepresentations are grounds for immediate termination from the Site and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Keikisitters.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any User of this Site. Users do hereby represent, understand and agree to hold Keikisitters.com harmless for any misstatements and/or misrepresentations made by any Users of this Site.

Links and Account Information

All Users do hereby agree to be the sole, authorized user of their account. Should any user of this Site authorize any third party to use their account, User does hereby agree to supervise all usage thereof. Keikisitters.com has no control over the use of any Users account and expressly disclaims any liability derived therefrom. User hereby agrees to contact Keikisitters.com immediately if any User suspects that any unauthorized party may be using their account.

Links from Keikisitters.com to other sites on the Web do not constitute the endorsement of Keikisitters.com. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Such hyperlinks are provided for reference and convenience only.


Prohibited Conduct on Site

Users agree not to:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
Use the Site for any purpose which is in violation of local, state, national or international law.
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Advertise or offer to sell any goods or services for any commercial purpose on the Site which are not relevant to the services offered on the Site.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Impersonate another person or allow any other person or entity to use Users identification to post or view comments.
Post the same note repeatedly. Spamming is strictly prohibited.
Upload files that contain viruses, corrupted files, or any other similar software or services that may damage the operation of anothers computer.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
Restrict or inhibit any other User from using and enjoying the Public areas.



Commercial Use Prohibited

The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors.

Non-Solicitation

The Site and Service may be used to find, select and connect with other Users for the purpose of receiving or providing child care and pet care services. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with Keikisitters.com without express written permission from Keikisitters.com. Keikisitters.com reserves the right to terminate your use of this Site at its sole discretion at any time should such solicitations be made by you.

Specific Terms and Conditions

The Site is only a Communications Tool

Keikisitters.com is a communications platform for enabling the connection between Users. Keikisitters.com does not take part in the interaction or communications between Users. Keikisitters.com does not have control over the quality, timing or legality of services actually delivered by its Users. Keikisitters.com makes no representations about the suitability, reliability, timeliness, and accuracy of the childcare or pet care provided by Users through the Site whether in public, private or offline interactions.


Release

Because we are not involved in the actual contact between Users, in the event that you have a dispute with one or more users, you release Keikisitters.com (and its members, officers, directors, agents, investors, subsidiaries and employees) from claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Provided by Users

Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. We are not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Users hereby grant Keikisitters.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in the Privacy Policy, any submissions to Public Areas will be public, and Keikisitters.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

Information Provided By Users

You are solely responsible for the information provided by you to the Site and other Users, and we only act as a passive conduit for your online distribution and publication of information. By using this Site, you specifically agree that the information you provide: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third partys copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature and harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable us to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known.

Billing and Payment Policy

Care Recipients are obligated to pay for the service of the Site, unless specifically notified otherwise. Care Recipients have three subscriptions to choose from: (1) an annual subscription, which has a subscription term of 365 days (2) a monthly subscription, which has a subscription term of 30 days with a one time sign up fee for the first month and a fixed amount every month thereafter and (3) Available to Care Recipients with valid promotional codes is a 14 day subscription. This term structure may change in the future. The subscription, term and price structure in this section may be altered by any promotion selected at the time of registration.

Renewal and Cancellation

User subscriptions will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the prior terms subscription rate. Keikisitters.com will continue to renew subscriptions until the User requests a cancellation. If a User cancels the subscription, the User will have access to subscription benefits until the end of the then-current subscription term and the subscription will not be renewed after that term expires. Users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.


Termination of Agreement

This Agreement will become effective immediately upon any use by all users of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement between any user by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Keikisitters.com may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of Keikisitters.com as posted on the Site from time to time. You will not be entitled to any refund of unused subscription fees if your membership is terminated because you breached any terms of this agreement. All decisions regarding the termination of accounts shall be made in the sole discretion of Keikisitters.com. Keikisitters.com is not required to provide you notice prior to terminating your membership and/or subscription. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. .


Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by Keikisitters.com, LLC or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Keikisitters.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Keikisitters.com Site without Keikisitters.coms prior express written permission. Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users termination from the use of this Site or civil or criminal penalties.