Last updated June 24, 2026
These Terms of Service govern your access to and use of the websites, platforms, mobile and web applications owned and operated by UrbanSitter under the brands UrbanSitter® and Kinside® (collectively, the “Sites”) and any services offered on the Sites (collectively, the “Services”). This is a legal agreement between you (“you” or “User”) and UrbanSitter, Inc. (“we”, “us,” “UrbanSitter” or “Company”).
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Sites or the Services. By signing up on the account registration page or by otherwise using the Sites or the Services (regardless of whether you register as a user of a Sites or Service), you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.
Your use of the Sites or the Services after the effective date of any changes to these Terms of Service will constitute acceptance by you of such changes. 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. If we make a change to Section 9 (Auto-Renewal and Cancellation) or any other material change to the Terms of Service (“Material Changes”), we will notify you by sending a notice at the email address registered to your account and/or by posting a prominent notice on our Sites. Material Changes will go into effect no less than thirty (30) days after we notify you, so you can decide whether you would like to continue using the Sites and Services.
These Terms of Service are organized into the following 19 sections:
Nature of Our Sites and Services
Eligibility
Use of Sites and Services
Non-UrbanSitter Content and Communication Rules and Guidelines
Termination
Third Party Background And Verification Services
App Stores; Third-Party Sites; Third-Party Content
Payment, Subscription, and Refunds
Auto-Renewal and Cancellation
Online Payment Service
Text Message Communications and Mobile Push Notifications
Promotional Offers and Credits
Intellectual Property Rights
Disputes between Families and Providers
Disclaimer of Warranty and Limitation of Liability
Indemnification
Digital Millennium Copyright Act
General Provisions
Appendix A: Description of Background Check Services
1. NATURE OF OUR SITES AND SERVICES
Our Sites are Venues.
URBANSITTER ONLY PROVIDES VENUES FOR YOU TO CONNECT WITH PROVIDERS. Each Site provides a venue for people seeking child care, companion care (non-medical), tutoring, pet care, nanny services and/or other household assistance (“Families“) to connect with individuals who want to provide those services (“Individual Providers“) and with companies, such as child care agencies and child care centers, who want to provide those services (“Facility-based Providers,” and together with Individual Providers, “Providers”). To connect with others using the Sites as a Family or Individual Provider, you must, among other things, register for the Site and create an account as a Family or Individual Provider (and, as set forth above, by doing so, you agree to these Terms of Service). As a Facility-based Provider, you may be subject to additional terms (“Supplemental Terms”) with UrbanSitter (or with third parties with which UrbanSitter has agreements) to be on the Sites. Connecting with a Facility-based Provider may involve the use of Third Party Sites.
UrbanSitter has no obligation to screen, verify or monitor the identity, background, training, experience, qualifications, licenses or registrations of any Family or Provider (or any of their employees or contractors), including Families or Individual Providers who have Subscriptions, Facility-based Providers, or any content submitted or communicated by a Family or Provider or anyone other than UrbanSitter (“Non-UrbanSitter Content“). UrbanSitter has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other Non-UrbanSitter Content submitted on the Sites, and makes no representations about any such Non-UrbanSitter Content on the Sites.
We Make No Referrals or Endorsements.
URBANSITTER IS NOT A REFERRAL, MATCHING OR PLACEMENT SERVICE AND DOES NOT PROVIDE, REFER, SECURE, PLACE, PROCURE, OFFER OR SEEK TO OBTAIN EMPLOYMENT OR ENGAGEMENTS FOR FAMILIES OR PROVIDERS (OR ANY OF THEIR EMPLOYEES OR CONTRACTORS). UrbanSitter makes no recommendations or representations about Families or Providers (or their employees or contractors), including any representations about the suitability, reliability, integrity, qualifications or trustworthiness of any Family or Provider (or any of their employees or contractors). You should make your own assessments of the individuals and/or companies you decide to interact with, provide services to and/or engage.
Facility-based Providers are not partners, agents, joint venturers, or legal representatives of UrbanSitter. UrbanSitter is not responsible for a Facility-based Provider’s compliance with any licensing or registration laws, employment laws, or any other federal, state or local law that may be applicable to it. Employees and contractors of a Facility-based Provider are employees and contractors of the Facility-based Provider, not UrbanSitter, and UrbanSitter is not responsible for their actions or omissions.
Transactions Are Solely Between Families and Providers.
URBANSITTER IS NOT INVOLVED IN THE TRANSACTIONS BETWEEN FAMILIES AND PROVIDERS. Families and Providers arrange for the services to be provided by a Provider solely between themselves. UrbanSitter is not a party to any of those arrangements. UrbanSitter does not have control over, supervise or provide any training, counseling or equipment to Providers (or any of their employees or contractors), and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by a Provider (or their employees or contractors). Because we are not involved in Family-Provider dealings or control the behavior of Families or Providers (or their employees or contractors), Families and Providers must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Provider or services received by a Family. As set forth in Section 15 (Disclaimer of Warranty and Limitation of Liability), you agree to release UrbanSitter from any claims or liability that may arise from any disputes between you and a Family or Provider (or their employees or contractors), as applicable.
Notwithstanding the foregoing, if you are eligible for concierge services through your employer or one of our Corporate Care Partners with whom you have an account (as may be available through certain Services) or sign up for agency care, you may receive assistance with (i) searching within the database for Providers using your search criteria; (ii) checking for availability at a Facility-based Provider; and/or (iii) providing general guidance and resources related to childcare. Neither concierge service or agency care is a matching or personalized recommendation service. It is the sole responsibility of the Families to review the information provided by a Provider and make their childcare decisions. We are not obligated to screen, verify or monitor the identity, background, training, experience, qualifications, licenses or registrations of any Provider. “Corporate Care Partners” means third-party partners that provide access to and/or offer our Services pursuant to an agreement with Urbansitter, including employers that offer the Services to their employees as an employee benefit and other corporate partners that include the Services as part of their broader care benefit offerings. If a Corporate Care Partner facilitates payment from a Family to a Provider, any issues, disputes or concerns regarding such payment must be handled by the Family or Provider directly with the Corporate Care Partner.
You are Solely Responsible for Taxes, Payroll and Insurance.
URBANSITTER IS NOT AN EMPLOYMENT SERVICE AND DOES NOT SERVE AS AN EMPLOYER OF ANY INDIVIDUAL PROVIDER OR ANY EMPLOYEE OR CONTRACTOR OF A FACILITY-BASED PROVIDER. Families and Providers are solely responsible (and UrbanSitter is not responsible) for any tax, workers’ compensation insurance, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting, and all applicable employment or other laws in connection with any services provided by Providers (or their employees or contractors) regardless of whether an Online Payment Service is used according to Section 10 (Online Payment Service). Families and Providers agree to discuss, determine and carry insurance necessary to your engagement, including without limitation, auto insurance, home insurance, or rental insurance.
You understand and agree that you are solely responsible for determining your applicable tax withholding, reporting and payment requirements in consultation with your tax advisors. You understand and agree that if UrbanSitter is found to be liable for any tax, workers’ compensation insurance, withholding tax or reporting obligation, or failure to comply with any applicable employment or other law 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.
2. ELIGIBILITY
By registering to use and/or using the Sites or Services as a Family or Individual Provider, you represent and warrant that:
Minimum Age: You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside;
Criminal History: You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity; and
Legal Right to Work: (For Individual Providers only) You have the legal right to work in the United States.
URBANSITTER HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON FAMILIES OR PROVIDERS (OR THEIR EMPLOYEES OR CONTRACTORS).
However, to the extent permitted by law, we reserve the right to conduct such checks and/or to verify your account or 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. Please review Section 6 (Background and Verification Checks).
3. USE OF SITE AND SERVICES
Registration and Account Information. When you register for a Site as a Family or a Provider, you will be asked to create an account and to provide us with certain information about yourself and/or your family (your “Information“). In some cases where you have registered with a Corporate Care Partner, when you choose to activate the Services, UrbanSitter will create an Account for you using the Information provided by the Corporate Care Partner subject to your consent. Your Information will be used in accordance with UrbanSitter’s Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration, including the information provided through any online social platform used to register with the Site. You must register your account in your own legal name. You may only create one account as a Provider and as a Family using the Service. 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.
Additional Requirements. UrbanSitter may, either during or after the registration process, request further information from a Family or a Provider and/or use third party services, to verify a Provider’s or a Family’s identity, account or registration information. If requested by UrbanSitter, you agree to provide UrbanSitter with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver’s licenses) or other information, or complete other identity verification checks as may be needed or requested by UrbanSitter. If you are an Individual Provider, in order to use the Services, you must order and complete a background check conducted by a 3rd Party Verification Service (as described in Section 6) made available during the registration process. The background check will be conducted through the 3rd Party Verification Service’s website, and the background check and your relationship with the 3rd Party Verification Service are subject to the 3rd Party Verification Service’s terms of service and privacy policy.
Personal Use Only. Your account is for your own use, and you may not permit anyone else to use your account, except as permitted and on your behalf through a Corporate Care Partner. The Sites are intended to be used by Families who want to find, select, review and connect with Providers so they can receive, provide or share information about, family-related services. Bookings and payments made by a Family (or in some limited cases, a Corporate Care Partner on your behalf) must be for the Family’s own personal, non-commercial use, and processing, facilitating, or settling any transaction or payment for, or on behalf of, other third parties is strictly prohibited. Any use of these Sites or Services for any other purpose, including but not limited to using the Sites or information obtained from the Sites to solicit, advertise to, or contact others for any other purpose or for any purpose in competition with UrbanSitter, is also prohibited.
Use of Others’ Personal Information. You may from time to time receive personal information of a Family, an Individual Provider, or an employee or contractor of a Facility-based Provider. For example, upon confirmation of a booking between a Family and a Provider, the Family and Provider will be provided with each other’s contact information and, where applicable, the contact information of the employee or contractor of a Facility-based Provider. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Sites and the Services. The Services may also allow you to upload, import, or provide contact information from your address book, device, or third-party accounts to help identify existing Users, display shared connections, support User-to-User referrals, or invite contacts to join or connect through the Services. Families and Providers may only contact each other to ask a question, provide information, and make arrangements related to a booking on the Sites.
Circumvention of Sites and Services. You may not use the Sites or Services, or information obtained from the Site or Services, for the purpose of circumventing or attempting to circumvent our messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to UrbanSitter’s provision of the Services. You agree to communicate through the Sites and make and receive payments only through the Sites with respect to each other User until the later of (i) two (2) years from the date you first identify, contact or meet such other User on the Sites; or (ii) twelve (12) months following your most recent interaction with such User via the Service, including viewing profiles, messaging, or bookings. You may not create multiple accounts as an Individual Provider or as a Family to avoid negative reviews by other Users. Violations of this Section 3.e constitute a serious breach and may result in permanent suspension of your account.
Other Prohibited Uses. You are prohibited from using the Sites or Services, or any information obtained through use of the Sites or Services, in any way that is offensive, threatening, abusive, obscene, harassing, harmful to others or otherwise objectionable or unlawful. In addition, you are prohibited from violating or attempting to violate any security features or circumvent other technical features of the Sites or Services, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Services, the Sites, or to breach security or authentication measures without proper authorization; (iii) 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;” (iv) using the Sites or Services to send chain letters, junk/spam e-mails, or unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services; (v) 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 (vi) 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 Sites or Services. To protect Families and Providers from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which you may send to Families or Providers through the Sites in any 24-hour period, terminating your Subscription and/or accounts or blocking certain IP addresses from accessing the Sites. Any violation of system or network security may subject you to civil and/or criminal liability.
Privacy Policy. You represent that you have read and understood our Privacy Policy, the terms of which are incorporated herein by reference.
No Violation of Laws. Your use of the Sites and the Services, including, but not limited to, the Non-UrbanSitter Content you post on the Sites, must be in accordance with all applicable laws and regulations.
Reporting of Violations. You agree to report to us promptly any violation or attempted violation of these Terms of Service by another. You can contact us at [email protected].
Beta Features. From time to time, we may offer new “beta” features or tools with which Families and/or Providers may experiment on the Sites. 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 14 regarding Disclaimer of Warranty apply to such features or tools.
Group Affiliations. Families and Individual Providers may have the option to list certain school or local group affiliations as part of their Profile, and UrbanSitter may add Families and Individual Providers into these groups from time to time. Unless expressly stated otherwise, UrbanSitter is not affiliated with any of these listed organizations nor does UrbanSitter verify the Family’s or Individual Provider’s membership with such listed organization.
Informational Purposes Only; No Medical or Professional Advice. Any information, content, advice and/or other material provided on the Sites or through the Services, whether by UrbanSitter, Families, Providers or third parties, or otherwise by UrbanSitter in email newsletters, social media posts or other communications, is for informational purposes only, and is not intended to serve as or replace any professional financial, medical, legal, or other advice.
Automated and AI-Assisted Tools. We may use automated tools, machine learning systems, and artificial intelligence features to help operate, personalize, protect, and improve the Services, including to assist with job posts, profiles, onboarding and service improvement. AI-assisted tools may generate suggestions, summaries, or other outputs that may be inaccurate or incomplete. You are responsible for reviewing and approving any AI-assisted content before posting, sending, relying on, or acting on it. Unless we expressly state otherwise, these tools and outputs are informational only and are not guarantees of safety, quality, suitability, availability, endorsement, background-check status, or any particular outcome.
4. NON-URBANSITTER CONTENT AND COMMUNICATION RULES AND GUIDELINES.
You may have the opportunity to post or transmit Non-UrbanSitter Content on or through the Sites, such as user profiles (“Profiles“), reviews (“Reviews“) and messages to Families or Providers or on group forums. You are solely responsible for any Non-UrbanSitter Content you post on the Sites or transmit to others, and once posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions. You will not post on the Sites, transmit to a Family or Provider, communicate any content (including links to content), or otherwise engage in any activity on the Sites or through the Services, that:
contains photographs or images of another person, unless you are that person’s parent or legal guardian;
contains others’ copyrighted content unless you have written permission from the copyright owner;
contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
implies that the Non-UrbanSitter Content is in any way endorsed or sponsored by, or originates from, UrbanSitter;
is implicitly or explicitly offensive, such as Non-UrbanSitter Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
is intended to harass, annoy, threaten or intimidate a Family or Provider;
is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
contains any malware (including but not limited to viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use of the Sites;
uses scripts, bots or other automated technology to access and/or update the Sites;
attempts to circumvent UrbanSitter’s messaging tools or booking platform, or attempts to avoid applicable UrbanSitter fees; or
otherwise (A) violates or attempts to violate the rights of third parties, including rights of privacy or publicity, or (B) violates or attempts to violate, or encourages the violation of, applicable laws and regulations.
Non-UrbanSitter Content Removal. We may, but we have no obligation to, monitor Non-UrbanSitter Content submitted on the Sites, including Profiles, Reviews or other Non-UrbanSitter Content. We may remove any such information and material for any reason, including but not limited to, that, in our sole opinion, it 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 Families or Providers (or their employees or contractors) or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of UrbanSitter.
Our Right to Use Your Non-UrbanSitter Content. By posting Non-UrbanSitter Content to a Site, you grant, and you represent and warrant that you have the right to grant, to UrbanSitter and its licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, transferable, assignable, worldwide right and license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content in any media now known (including but not limited to print, email, digital and/or Internet) or invented in the future, and to prepare derivative works of, or incorporate into other works, such information and content, for any purpose as deemed appropriate by UrbanSitter including, but not limited to, promotional, publicity, marketing or advertising purposes, and to grant and authorize sublicenses of the foregoing, without further review, notification or approval by you or additional consideration to you.
Guidelines for Providing Reviews and Recommendation. Families may have the opportunity to provide Reviews and Recommendations about Providers (and their employees and contractors) on the UrbanSitter Site (“First-Party Reviews”). Individual Providers will have the opportunity to provide First-Party Reviews about Families. First-Party Reviews may only be given by Families who have officially booked a Provider through the UrbanSitter Site and by Individual Providers who have officially accepted and completed a booking from a Family on the UrbanSitter Service. Recommendations may be given by Families (e.g., Families who have previously engaged a Provider but not through the UrbanSitter Site). First-Party Reviews should not include any personal information about a Family or Provider that is not disclosed in their public Profile (for example, the First-Party Review (i) should not include or reference a person’s address, phone number or medical conditions), (ii) should be limited to your firsthand experience (not what you heard from someone else), and (iii) should be factually accurate and should not include any assumptions or exaggerations. However, First-Party Reviews about Facility-based Providers may include the name of the employee or contractor of the Facility-based Provider who provided services to you. First-Party Reviews should reflect your actual experience. Any opinion included in a First-Party Review should be sincerely held. You should avoid broad generalizations and exaggerations. If appropriate, you should update your First-Party Reviews to reflect new experiences. As with other Non-UrbanSitter Content, we reserve the right to remove any First-Party Review that we feel, in our sole discretion, violates these guidelines. First-Party Reviews are separate from reviews from Third-Party Sites as described in Section 7.b (Third-Party Sites; Third-Party Content).
Sole Responsibility for Your Content. YOU ARE SOLELY RESPONSIBLE FOR YOUR NON-URBANSITTER CONTENT on the Sites and as communicated to UrbanSitter and others. UrbanSitter does not verify Non-UrbanSitter Content for accuracy, completeness, timeliness or relevance, nor does UrbanSitter endorse, represent or warrant the accuracy, completeness, timeliness or relevance of any Non-UrbanSitter Content. You should independently assess and make your own determination as to the accuracy and usefulness of any Non-UrbanSitter Content posted on the Sites or otherwise communicated to you by a Family or Provider (or any of their employees or contractors). In no event shall UrbanSitter be responsible for any loss or damage resulting from (i) your reliance on or use of any Non-UrbanSitter Content, or (ii) information, reviews or comments about you included in any Non-UrbanSitter Content.
5. TERMINATION.
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 Sites, and/or (ii) remove your Profile and/or any content posted by or about you, from the Sites. Unless otherwise decided by UrbanSitter, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of your Subscription and/or account, UrbanSitter may send a notice of the termination or suspension to Families or Providers 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 You. You may terminate your account at any time by emailing this request to [email protected]. You may re-register at any time, but your previous information and activity, including any fee credits and any Non-UrbanSitter Content you may have created, may no longer be available. If you have a Subscription, you may cancel it in accordance with Section 9 (Auto-Renewal and Cancellation). Cancelling your Subscription will not delete your account. For users on the iOS platform, you may submit your account termination request by following the “Manage Account Data” link in your Account Basics.
Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Sites and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other Non-UrbanSitter Content you have posted or transmitted (e.g., Reviews, messages to Families or Providers) may or may not (in our sole discretion) remain on the Sites. At UrbanSitter’s discretion, and in accordance with UrbanSitter’s Privacy Policy and applicable law, UrbanSitter may retain your account information, including your booking history and any Non-UrbanSitter Content, following the termination of your account. Any Non-UrbanSitter Content associated with your account after your account’s termination may not be available to you if you re-register with UrbanSitter, and UrbanSitter has no obligation to provide you with a copy of any Non-UrbanSitter Content posted by you or about you on the Sites. 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 Sites and Services that are available to those 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 Sites 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 Sites, Sections 2, 3, 4, 5, 6, 10, 13, 14, 15, 16, and 18 of these Terms of Service will continue in full force and effect.
6. BACKGROUND AND VERIFICATION CHECKS.
Background Checks of Individual Providers.
(i) Basic Background Check. As part of an Individual Provider’s registration process and before an Individual Provider’s Profile is publicly displayed on the UrbanSitter Service, an Individual Provider must complete a basic background check (“Basic Background Check“) from one or more third-party verification services (each, a “3rd Party Verification Service“) made available during the registration process. As part of the Basic Background Check, the Individual Provider will provide information about themselves such as, for example, name, birthdate, social security number, current zip code / county of residence and criminal background information, to the 3rd Party Verification Service. UrbanSitter may supplement the Background Check search results with publicly available information about an Individual Provider, e.g., public social media profiles and other online activity.
(ii) Upgraded Background or Driving Records Check. In addition, Individual Providers, upon request from Families or on their own accord, may also order an upgraded background check and/or a driving record check from a 3rd Party Verification Service. (Basic Background Checks, upgraded background checks and driving record checks are collectively referred to in these Terms of Service as “Background Checks.”) More information about what is included in the Background Checks can be found here.
(iii) 3rd Party Verification Service. Background Checks are conducted entirely through the 3rd Party Verification Service’s website, require the Individual Provider’s separate consent, and are subject to the 3rd Party Verification Service’s website’s terms of service and privacy policy. Individual Providers have access to their completed Background Check search results through the 3rd Party Verification Service website. To the extent permitted by applicable law and subject to the Individual Provider’s authorization, updated Background Checks may be reinitiated annually for Individual Providers with continuing Subscriptions; failure to initiate and complete a new Background Check may result in the Individual Provider’s Profile being hidden from public view.
(iv) “Background Check” Badge Display. If the 3rd Party Verification Service reports that a Provider’s Basic Background Check search report contains no felonies or misdemeanors (other than traffic-related misdemeanors, as discussed further below), at UrbanSitter’s discretion, the Individual Provider’s Profile will display a “Background Check” badge for a period of up to 13 months from the Background Check date. For traffic-related misdemeanors, UrbanSitter shall use its judgment and discretion to determine whether such misdemeanor disqualifies an Individual Provider from receiving a “Background Check” badge and from having their profile publicly displayed on the Sites. In making such determination, UrbanSitter may consider, among other factors, whether such traffic-related misdemeanor is treated as an infraction (i.e., not a misdemeanor) in other states (for example, Ohio classifies certain traffic-related violations, e.g., certain speeding tickets, as misdemeanors whereas other states may classify the same conduct as infractions).
(v) Copies and Consents. To the extent permitted by law, UrbanSitter may receive and review a copy of each Background Check requested from a 3rd Party Verification Service. Individual Providers may request copies of their completed Background Checks. For Individual Providers (only): By ordering and/or otherwise authorizing a Background Check to be conducted about yourself, you hereby agree and acknowledge that UrbanSitter may receive and review a copy of your Background Check and may conduct supplemental searches for publicly available information, including but not limited to your public social media profiles, and you understand and agree that UrbanSitter may terminate or suspend your registration on the Sites based on information contained in such Background Check and other search results.
Limitations and Disclaimers Relating to Provider’s Background Checks.
(i) Individual Provider Information. Each Background Check is performed with the authorization and information provided directly to the 3rd Party Verification Service by the Individual Provider, and if inaccurate information is provided, the Background Check results may be inaccurate and/or incomplete as well. Accordingly, you should take such actions as you feel are appropriate to evaluate an Individual Provider’s background.
(ii) No Control by UrbanSitter. Background Checks are conducted solely by the 3rd Party Verification Service (and not UrbanSitter). UrbanSitter does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of, and UrbanSitter will not have any liability for, 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).
(iii) Limitation of Records. 3rd Party Verification Services may be incomplete, not up-to-date, and may not provide all information about an Individual Provider that may be relevant to you such as, for example, traffic violations, address verification, and pending criminal and/or civil complaints. For example, different jurisdictions have different limitations that may affect the results of a Background Check, such as restrictions on reporting certain types of convictions or how far back convictions are reportable. The 3rd Party Verification Service only reports publicly available records, but not all records are publicly available in every jurisdiction and in many jurisdictions, there is a delay before records are publicly available. Records not available to the 3rd Party Verification Service and/or not allowed to be reported by law may include: juvenile and minors’ records, dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries, deferred adjudications or pending court cases, nolle pros, and other convictions that are suppressed by state and federal reporting restrictions.
(iv) No Obligation. UrbanSitter retains the right, but has no obligation, to take action to the extent permitted by applicable law with respect to an Individual Provider’s UrbanSitter account based on the information contained in the Background Check report, including, but not limited to, terminating the Individual Provider’s account, regardless of whether incorrect or incomplete information in the report is subsequently corrected or completed.
Verification Checks Ordered and/or Conducted by UrbanSitter. As noted in Section 3.b above, UrbanSitter may, either during or after the registration process, request further information from a Family or Providers and/or use third party services, to verify a Provider’s or a Family’s identity, account or registration information. To the extent permitted by law, UrbanSitter has the right, but not the obligation, to conduct and/or use 3rd Party Verification Services to verify information about a Family or a Provider including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service. By agreeing to these Terms of Service, each Family and Provider consents to UrbanSitter performing verification checks on them to the extent permitted by law. If you do not want these checks performed, do not use the Sites or the Services.
Trustline and Background Checks in California. California Business and Professions Code Section 18890.2 requires the UrbanSitter Service to notify you of the following:
Trustline is California’s official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index.
The Trustline registry toll-free telephone number is 1–800–822–8490. Please note, this toll-free number is NOT UrbanSitter’s phone number.
UrbanSitter does not currently use Trustline as a 3rd Party Verification Service. As further required by California Business & Professions Code Section 18890.2, please see Appendix A (found at the end of this page) for a written description of the background check provided by the 3rd Party Verification Service conducting the background checks described in Section 6(a) above.
FAIR CREDIT REPORTING ACT. Pursuant to the Fair Credit Reporting Act (the “FCRA“), we are notifying you that the 3rd Party Verification Service may be a consumer reporting agency subject to the FCRA and the reports issued by the 3rd Party Verification Service may be “consumer reports” subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. If UrbanSitter takes adverse action with respect to your account based on information contained in a consumer report, UrbanSitter will notify you and provide you the name and contact information of the 3rd Party Verification Service that created the report. UrbanSitter will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it.
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, a summary which can be found at https://www.ftc.gov/tips-advice/business-center/guidance/
using-consumer-reports-what-employers-need-know 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 the UrbanSitter 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. “Affiliated Parties” means Urbansitter’s officers, directors, members, agents, assignees, representatives, marketing partners, Corporate Care Partners, licensors, independent contractors and employees.
7. APP STORES; THIRD PARTY SITES.
App Stores. You acknowledge and agree that the availability of the Services is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that this Agreement is between you and UrbanSitter and not with the App Store. UrbanSitter, not the App Store, is solely responsible for the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefor, and addressing any related claims involving, for example, product liability or intellectual property infringement. In order to use the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms or agreements (for example, the App Store’s Media Services terms and conditions and the Google Play terms of service) when using the Services. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or similar laws of other countries where applicable, or that has been designated by the United States Government as a “terrorist supporting” country, and you represent and warrant that you are not listed on any United States Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
Third-Party Sites; Third-Party Content. A Site may include links to, integrations with, or functionality to connect to third-party websites, services, or applications (including sites that are framed within the Sites) (collectively, “Third-Party Sites”), such as Facebook, Google, Corporate Care Partners or advertisements. We do not control, endorse, or assume responsibility for any Third-Party Sites or any content, products, services, reviews, advertising, or other materials presented on or through such Third-Party Sites. Your access to and use of Third-Party Sites is at your own risk and subject to the terms and policies of those Third-Party Sites.
A Site may display reviews, ratings, and related content regarding Facility-based Providers that are sourced from third-party services, including Google, through such Third-Party Site’s application programming interface. Such third-party content is provided for informational purposes only and is not generated, verified, endorsed, or guaranteed by UrbanSitter. Third-party content (including reviews and ratings): (i) may be incomplete, outdated, or inaccurate; (ii) may not reflect all available reviews or opinions for a given Facility-based Provider; (iii) may be updated, modified, or removed by the third-party source at any time; and (iv) may be subject to additional terms, conditions, and policies of the applicable third-party source. UrbanSitter does not control, guarantee, or assume responsibility for third-party content and expressly disclaims all liability arising from or related to any reliance on such content. Display order, ranking, or prominence of reviews may be determined by automated systems or other criteria and does not reflect all available information. UrbanSitter is not affiliated with or endorsed by Google or any Third-Party Site or reviewed Provider unless expressly stated. Google and related marks are trademarks of Google LLC and are used for attribution purposes only.
8. PAYMENT, SUBSCRIPTION, AND REFUNDS.
Fees and Subscriptions.
Where indicated on the Sites, fees are charged to access and use certain Services on the Sites. For example, Families and Individual Providers may purchase subscriptions memberships and access passes, (“Subscriptions“) to use and access certain Services (“Premium Services“) that are not available to Families and Individual Providers who do not have Subscriptions.
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, and may vary by location. 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. Subscriptions, fee credits (if any), and any other items or benefits associated with a Family’s or Provider’s Subscription or account are nontransferable.
Families and Providers who use these fee-based Services agree to pay UrbanSitter the applicable fees then in effect. In addition, you authorize UrbanSitter to charge your chosen payment provider for use of the Sites. Subscriptions, fee credits (if any), and any other items or benefits associated with a Family’s or Provider’s Subscription or account are nontransferable.
UrbanSitter reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.
Free Trials and Promotional Offers.
UrbanSitter may offer limited time, free trial Subscriptions or Promotional Offers from time to time. If you participate in a free trial Subscription, you will have access to such Premium Services as decided by UrbanSitter. UrbanSitter may require your payment information to start a free trial. 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 Families or Providers.
For such free trials and promotional offers, UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL PERIOD, YOU AGREE THAT URBANSITTER MAY AUTOMATICALLY CHARGE YOU 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. See Section 9 (Auto-Renewal and Cancellation).
Refunds.
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.
Direct Engagement Conversion Fee (Agency Care).
Our Services are designed to help Families and Providers connect, communicate, and coordinate caregiving engagements, including through our Agency Care service which introduces Families to individual caregivers (“Agency Individual Providers”). To maintain the integrity, trust, and continued availability of our Services, Families and Providers agree to engage exclusively through the UrbanSitter Site for all caregiving services initiated through our platform. In other words, if you connect with an Agency Individual Provider through UrbanSitter, you agree not to hire them outside the platform.
Families acknowledge and agree that engaging an Agency Individual Provider (discovered through our Agency Care service) outside of the UrbanSitter platform—whether directly or indirectly, and whether for current or future caregiving services—would result in significant and difficult-to-quantify harm to UrbanSitter. Such harm includes, but is not limited to, loss of expected revenue, disruption of service relationships, and liability to third parties under existing contractual arrangements.
Accordingly, if a Family engages an Agency Individual Provider outside the UrbanSitter Service, the Family agrees to pay liquidated damages in the amount of US$10,000 (“Direct Engagement Conversion Fee”). You agree that this amount represents a reasonable estimate of UrbanSitter’s damages at the time this Agreement is entered into, given the difficulty of calculating actual damages arising from such breach, and that this amount is not a penalty.
If UrbanSitter becomes aware of an off-platform engagement between a Family and an Agency Individual Provider for whom a Direct Engagement Conversion Fee has not been paid, UrbanSitter may invoice the Family for the Direct Engagement Conversion Fee and may suspend or terminate the Family’s access to the Service.
9. AUTO-RENEWAL AND CANCELLATION
Automatic Renewal of Subscriptions.
Subscriptions will automatically renew and continue until canceled. Free trial Subscriptions or Promotional Offers will renew unless cancelled prior to the expiration of the free trial or Promotional Offer period. Monthly access passes do not automatically renew.
UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS, 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. For example, if you signed up for an annual Subscription plan, at the end of the initial one-year period if you have not yet canceled 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.
Cancellation.
TO CANCEL YOUR SUBSCRIPTION, GO TO YOUR ACCOUNT “SETTINGS” FROM THE DROP-DOWN MENU NEXT TO YOUR PROFILE PICTURE VIA URBANSITTER’S WEBSITE OR MOBILE WEB BROWSER AND SUBMIT YOUR SUBSCRIPTION CANCELLATION. 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.
When your Subscription’s cancellation becomes effective, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Sites and Services that are available to those who do not have Subscriptions.
Cancelling your Subscription will not delete your account. To terminate and delete your account or request cancellation of a free subscription please email [email protected]. For users on the iOS platform, you may submit your account termination request by following the “Manage Account Data” link in your Account Basics.
10. ONLINE PAYMENT SERVICE.
UrbanSitter offers online payment processing service (“Online Payment Service“) to facilitate payments from Families to Providers. Depending on the Site, payment processing service is provided by either Stripe, Branch, MOOV Financial, Inc. (“MOOV”) (each, an “Online Payment Service Provider“), as determined by UrbanSitter, and is subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement and the Stripe Privacy Policy (collectively, the “Stripe Agreements”), Branch Terms of Service and the Branch Consumer Privacy Policy (collectively, the “Branch Agreements”), and the MOOV Platform Agreement and MOOV Privacy Policy (collectively, the “MOOV Agreements,” and together with the Stripe Agreements, and Branch Agreements, the “Online Payment Service Provider Terms”), respectively. By agreeing to these Terms of Service or continuing to use the Sites, you agree to be bound by the Online Payment Service Provider Terms, as the same may be modified by the respective Online Payment Service Provider from time to time. As a condition of UrbanSitter enabling payment processing services through an Online Payment Service Provider, you agree to provide UrbanSitter accurate and complete information about you, and you authorize UrbanSitter to share it and transaction information related to your use of the payment processing services provided by the Online Payment Service Provider. The Online Payment Service may be subject to availability based on geographic area, Subscription enrollment or other basis, as determined by UrbanSitter. Please refer to UrbanSitter’s Online Payment Terms and Conditions for additional information and terms and conditions governing use of this service, which terms are incorporated herein by reference.
11. TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.
Consent to receive text messages.
Families and Individual Providers provide UrbanSitter with their mobile phone number as part of the registration process or in their account settings and may receive SMS/text message communications from UrbanSitter on their cellular phones and/or mobile devices. By providing UrbanSitter with your mobile phone number, you consent to UrbanSitter sending text messages to your cellular phone and/or mobile device. You consent to receive messages from UrbanSitter via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. UrbanSitter does not charge for sending text messages, but your carrier may charge you. Message and data rates may apply. Supported carriers may change from time to time.
You agree to receive recurring SMS/text message communications with service-related messages (e.g., Child Care Center tour updates and reminders), operational communications concerning your account or use of the Services, or communications concerning promotions run by us or our third-party partners, and news concerning Services and industry developments.
Push Notifications.
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.
Opt-Out of Text Messages.
You may opt-out of the message service connected to the Kinside Site (“Kinside Message Service”).
Text the single keyword command ‘STOP’ to 54094.
Click the unsubscribe link in the text message sent from the Kinside Message Service.
You will receive a one-time opt-out confirmation text message.
We may change any short code or telephone number we use to operate the Kinside Message Service at any time and will notify you of these changes. You acknowledge that any messages, including any ‘STOP’ or ‘HELP’ requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
For concierge services, you may opt-out of text messages by texting ‘STOP’ to any message.
Disclaimers.
To the extent permitted by applicable law, you agree that neither UrbanSitter nor any wireless carriers will not be liable for failed, delayed, undelivered or misdirected delivery of any information sent via SMS/text message, any errors in such information, and/or any action you may or may not take in reliance on the information or the Services.
12. PROMOTIONAL OFFERS AND CREDITS.
From time to time, UrbanSitter may offer special promotions, credits, awards or discounts (“Promotions“). All Promotions will be run at the sole discretion of UrbanSitter, and can be modified or terminated at any time by UrbanSitter with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, UrbanSitter may offer fee or reward credits. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
13. INTELLECTUAL PROPERTY RIGHTS.
Copyright. All materials on the Sites other than Non-UrbanSitter 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,” “Kinside,” the UrbanSitter logo and the Kinside logo are owned by UrbanSitter. Any other trademarks, service marks, logos and/or trade names appearing on the Sites 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 Sites as you use the Sites 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 Sites, other than Non-UrbanSitter Content you create.
Your Non-UrbanSitter Content. Other than the non-exclusive license granted to UrbanSitter with respect to Non-UrbanSitter Content (described in Section 4.c. above), UrbanSitter will not acquire an ownership interest in the Non-UrbanSitter Content you post.
14. DISPUTES BETWEEN OR AMONG FAMILIES, PROVIDERS AND/OR CORPORATE CARE PARTNERS.
If any disputes or disagreements arise between or among a Family, a Provider and/or Corporate Care Partner relating to the services provided by the Provider (or their employees or contractors) or payments made by or due from the Family or Corporate Care Partner, the parties are responsible for resolving any such disputes directly with each other. UrbanSitter will not be a party to any such dispute, and UrbanSitter will not be obligated to take any action toward resolving the dispute.
15. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF URBANSITTER AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
“AS-IS” BASIS. UrbanSitter provides the Sites, including all text, information, graphics and links, and the Services on an “AS IS” and “AS AVAILABLE” basis. YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
Risk Assumption and Precautions. You assume all risk when using the Sites and the Services, 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 Families or Providers (or their employees or contractors).
NO WARRANTIES. URBANSITTER GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to Families or Providers (or their employees or contractors), the Services, the Sites (or any information contained in the Sites) or Online Payment Service. UrbanSitter does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. URBANSITTER DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS ON THE SITES OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH OR IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN ANY BACKGROUND CHECK, REGARDLESS OF WHO ORDERED THE BACKGROUND CHECK. FURTHERMORE, WITHOUT LIMITING THE FOREGOING, URBANSITTER MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND REGARDING THE SUITABILITY OR ADVISABILITY OF ANY PROVIDER (OR ANY OF THEIR EMPLOYEES OR CONTRACTORS) TO PROVIDE SERVICES OR OF ANY FAMILY TO RECEIVE SERVICES. UrbanSitter does not warrant that your use of the Sites or Services or that information on the Sites will be secure, uninterrupted, error-free, free from any viruses, available, accurate, or that any defects in the Sites will be corrected. UrbanSitter makes no warranties about the connectivity and continued availability of the Sites or Services. UrbanSitter expressly disclaims any warranties of any kind, whether express or implied, statutory or otherwise with respect to the Online Payment Service. UrbanSitter provides the Online Payment Service on an AS-IS basis, and your use of the Online Payment Service is at your own discretion and risk.
RELEASE OF LIABILITY. BY USING THE SITES OR SERVICES, YOU AGREE TO RELEASE AND HOLD HARMLESS, 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 SITES, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND A FAMILY OR PROVIDER (OR ANY OF THEIR EMPLOYEES OR CONTRACTORS), WHETHER ONLINE OR OFFLINE (IV) THE ACTION OR INACTION OF ANY FAMILY OR PROVIDER (OR ANY OF THE EMPLOYEES OR CONTRACTORS), INCLUDING BUT NOT LIMITED TO ANY INFORMATION COMMUNICATED BY, OR SERVICE PROVIDED BY, A FAMILY OR PROVIDER (OR ANY OF THEIR EMPLOYEES OR CONTRACTORS), WHETHER ONLINE OR OFFLINE, (V) ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY FAMILY OR PROVIDER (OR ANY OF THEIR EMPLOYEES OR CONTRACTORS) OR (VI) ANY BACKGROUND CHECK, REGARDLESS OF WHO ORDERED THE BACKGROUND CHECK.
YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
NON-URBANSITTER CONTENT. URBANSITTER MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, recommendations, reviews, or other information or content made available on the Sites or through the Services by Families or Providers, or (ii) the accuracy, completeness, or usefulness of any information on the Sites or available through the Services.
LIMITATION OF LIABILITY FOR NON-URBANSITTER ACTIONS. IN NO EVENT WILL URBANSITTER OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITES OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH FAMILIES OR PROVIDERS (OR THEIR EMPLOYEES OR CONTRACTORS), WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY FAMILY OR PROVIDER (OR ANY OF THEIR EMPLOYEES OR CONTRACTORS), AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITES BY FAMILIES OR PROVIDERS.
NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER URBANSITTER NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, URBANSITTER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO URBANSITTER IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITES OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
16. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless UrbanSitter and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by UrbanSitter and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Sites or Services, (ii) any materials and content you submit, post or transmit through the Sites, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any Family or Provider (or any of their employees or contractors), including but not limited to, any relationship or agreement formed with a Family or Provider (or any of their employees or contractors), whether online or offline, (v) your violation of any applicable law, rules or regulations, (vi) any tax, workers’ compensation insurance, withholding tax or reporting obligation, or failure to comply with any applicable employment or other law in connection with any services provided or received by you; and (vii) your use of any information contained in any Background Check, regardless of who ordered the Background Check, including, but not limited to, any violation of the FCRA. You agree that you will cooperate as reasonably requested by UrbanSitter in the defense of such claims. UrbanSitter and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this Section 16.
17. DIGITAL MILLENNIUM COPYRIGHT ACT.
UrbanSitter respects the intellectual property rights of others and expects Families and Providers to do the same. UrbanSitter may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, UrbanSitter, in its sole and absolute discretion, may terminate the accounts of Families and Providers who infringe the intellectual property rights of others. If you believe any materials on the Sites infringe your copyright, you may request removal of those materials from the Sites by contacting UrbanSitter’s copyright agent (identified below) 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.
UrbanSitter’s Copyright Agent is:
Copyright Agent UrbanSitter, Inc. 268 Bush Street, P.O. Box 3944, San Francisco, CA 94104 Email: [email protected] Telephone: 415-653-1340
18. GENERAL PROVISIONS.
Governing Law and Venue. California law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and UrbanSitter, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, City and County of San Francisco.
No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making any party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. UrbanSitter is not an employment service or agency, and does not serve as an employer or referral source for any Family or Provider (or any of their employees or contractors).
Severability. The provisions in this Terms of Service are intended to be interpreted in a manner which makes them valid, legal and enforceable. If any provision of these Terms of Service is found to be partially or wholly invalid, illegal or unenforceable, then such provision will be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable and in a manner that most closely reflects the intention of the invalid, illegal or unenforceable term. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by UrbanSitter, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions. All remaining provisions of these Terms of Service shall remain in full force and effect.
Third Party Beneficiary. Affiliated Parties (as defined in Section 6.e) and any App Store (as defined in Section 7.a) are third party beneficiaries to these Terms of Service and may enforce any provisions in these Terms of Service directly against you.
Consent to Electronic Communication. By using the Sites and/or Services, you agree that UrbanSitter may communicate with you electronically, and you consent to the electronic delivery of notices, documents, messages and other materials from UrbanSitter via email, text messaging, in-app messaging or other electronic means.
Electronic Transactions and Signatures. By creating an account, checking a box or taking another action indicating acceptance, or otherwise using the Services, you agree to transact with us electronically. You acknowledge that your electronic acceptance of these Terms of Service constitutes your electronic signature and is legally binding with the same force and effect as a handwritten signature. No third-party verification or certification is required to validate your electronic signature, and the enforceability of your acceptance will not be affected by the absence of such verification.
Complete Agreement. These Terms of Service, along with any agreement we may enter into with a Facility-based Provider or other third party regarding a Facility-based Provider’s use of the Sites and Services, contains the entire agreement between you and UrbanSitter regarding the use of the Sites and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
Heading. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Contact Information. If you have any questions or need further information as to the Sites or the Services, or need to notify UrbanSitter as to any matters relating to the Sites or Services please contact UrbanSitter at:
UrbanSitter, Inc.
268 Bush Street, P.O. Box 3944 San Francisco, CA 94104
APPENDIX A. DESCRIPTION OF BACKGROUND CHECK SERVICES.
What is included in a Checkr background check?
The Background Checks described in Section 6(a) are performed by the third party consumer reporting agency Checkr.
It is important to understand that not all criminal records are publicly available in all jurisdictions. Records not available to Checkr, or not allowed to be reported by law, are not included in the background check results. Checkr will only report publicly available records in compliance with the applicable consumer reporting laws.
UrbanSitter background checks performed by Checkr include the following:
County Criminal Search (Current)
Federal Criminal Search (Standard)
Sex Offender Search
SSN Trace
Global Watchlist Search
To learn more about what’s involved in each of these checks, please visit Checkr at https://help.checkr.com/hc/en-us/sections/203637147-Screening-Types.
For background checks on California Individual Providers: Below is a detailed list of the databases and information checked as part of a Criminal Records Check for each California county. The information below was provided to UrbanSitter by Checkr, 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 Checkr.
Note: A Background Check does not include a check of each of the counties listed, and generally the only county searched is the current county of residence as reported by the Individual Provider to Checkr. Other counties/Record Sources are searched ONLY if it is deemed warranted by Checkr in its discretion
(provided by Checkr, the 3rd Party Verification Service providing background checks described in Section 6 above.)