Terms of Use

The Babysitters Club – Terms of Use

Last Updated: July 26, 2024

These Terms of Use are effective immediately for all BabysittersClubNJ.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 The Babysitters Club LLC, 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 the Babysitters Club 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 the Babysitters Club on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
These Terms include The Babysitters Club Privacy Policy, which is incorporated herein.
These Terms are subject to change by the Babysitters Club 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 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 The Babysitters Club LLC (“The Babysitters Club”, “we” or “us”) that link to these Terms, and the “Services” shall mean any of the various services that the Babysitters Club 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 The Babysitters Club! We offer an online platform via https://babysittersclubnj.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 The Babysitters Club 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 The Babysitters Club’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 The Babysitters Club.

· 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 The Babysitters Club.

You acknowledge and agree that any breach of this non-solicitation provision will cause substantial damages to The Babysitters Club, 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 The Babysitters Club 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 The Babysitters Club 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.
The Babysitters Club may review and remove any Content that violates these Terms or is deemed inappropriate at our discretion.
To grant, to The Babysitters Club, 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 The Babysitters Club 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 The Babysitters Club 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 The Babysitters Club, 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, The Babysitters Club 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 The Babysitters Club 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. The Babysitters Club does not guarantee their accuracy, endorse them, or accept liability for them. Under no circumstances will The Babysitters Club be responsible for any loss or damage resulting from your reliance on information or Content posted by users.

The Babysitters Club 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 The Babysitters Club for any solicitation purposes other than those expressly permitted by The Babysitters Club.
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

The Babysitters Club 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.

The Babysitters Club 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 The Babysitters Club 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 the Babysitters Club 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 The Babysitters Club 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 The Babysitters Club May Order and Use Background Screenings About You

By registering as a Sitter or Family, you agree that The Babysitters Club 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 THE BABYSITTERS CLUB 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 The Babysitters Club 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 THE BABYSITTERS CLUB 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 The Babysitters Club 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.

The Babysitters Club 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

The Babysitters Club 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, The Babysitters Club 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, The Babysitters Club 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 The Babysitters Club 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

The Babysitters Club uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy[MKB1] . For more information, see our full Privacy Policy, the terms of which are incorporated herein.

7. Third-Party Links and Content

The Babysitters Club's Site 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 The Babysitters Club endorses, approves, or takes responsibility for the linked sites, their content, products, services, advertising or other materials.

The Babysitters Club 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 The Babysitters Club'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 The Babysitters Club 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 The Babysitters Club 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 the Services or product offerings of The Babysitters Club, the user of such Services or product offerings must pay The Babysitters Club 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 The Babysitters Club 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.

The Babysitters Club 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.

The Babysitters Club 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. The Babysitters Club 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

The Babysitters Club 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 The Babysitters Club (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.

The Babysitters Club 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

The Babysitters Club 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 The Babysitters Club, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE BABYSITTERS CLUB 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 THE BABYSITTERS CLUB; (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, THE BABYSITTERS CLUB 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, THE BABYSITTERS CLUB 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, THE BABYSITTERS CLUB OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL THE BABYSITTERS CLUB 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 The Babysitters Club 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. The Babysitters Club 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 THE BABYSITTERS CLUB’S 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 THE BABYSITTERS CLUB FOR THE USE OF THE SITE OR ANY SERVICES, THE AMOUNT OF $250.

No Liability for Others’ Actions. IN NO EVENT WILL THE BABYSITTERS CLUB 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. The Babysitters Club 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 The Babysitters Club 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. The Babysitters Club 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 The Babysitters Club 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 The Babysitters Club’s and providing the following information:

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.
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.
Your name, address, telephone number and (if available) e-mail address.
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.
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.
A signature or the electronic equivalent from the copyright holder or authorized representative.

The Babysitters Club’s agent for copyright issues relating to this Site is as follows:

The Babysitters Club LLC

ATTN: Legal Department

info@babysittersclubnj.com

732-234-9957

In an effort to protect the rights of copyright owners, The Babysitters Club 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 The Babysitters Club 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 THE BABYSITTERS CLUB 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 THE BABYSITTERS CLUB EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST THE BABYSITTERS CLUB 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 THE BABYSITTERS CLUB 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

The Babysitters Club 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: The Babysitters Club LLC, Attn: Legal Department, info@babysittersclubnj.com 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 The Babysitters Club. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the notice, you and The Babysitters Club agree to follow the resolution procedures for any Dispute described in this Section 13.

The aforementioned informal dispute reso

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