MyBestSitter.com - Terms of Use -

Welcome to MyBestSitter.com.
MyBestSitter.com Web Site (the Site) provides its service to subject to the following Terms of Use (TOU), which may be updated by us from time to time without notice to you. You can review the most current version of TOU any time at this page. By using this Site you agree to and accept all terms and conditions contained in this TOU. If you do not understand or agree to anything in this TOU and the Privacy Policy we provide, including the changes we may have to the terms and policy, please do not use the site or the service we provide.

General Terms 

Our Service

MyBestSitter.com provides a communication service for the connection between guardians seeking for baby sitter services (the "Guardians") and baby sitters seeking to provide services (the "Sitters"). The Guardians and the Sitters (the "Service Users") have to understand and expressly agree that MyBestSitter.com does not have the responsibility for the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Sitters. Also, MyBestSitter.com does not have the responsibility for the integrity, responsibility or any of the actions whatsoever of the Guardians. The Service Users do expressly agree not to hold MyBestSitter.com (or Site’s advertisers or employees) liable for any information, or services delivered by the Site or Service Users. MyBestSitter.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown.

Transactions

MyBestSitter.com is not involved in transaction for sitter services to be provided. All of Service Users contract between themselves. If there are any problems, Service Users must deal directly with each other User to resolve the problems. MyBestSitter.com will use reasonable commercial efforts to monitor User profiles, actions, comments, and general usage of the Site and suspend privileges from any Service User not adhering to policies of the Site. By using this Site, you do hereby agree to notify any alleged improprieties of any Users to MyBestSitter.com immediately at User Support page.

Public Areas

The Site contains public communication service such as message boards and email forwarding system.  Using these public communication services in inappropriate way that are not relevant and proper to the Service concept or the TOU of the Site may result in delete the comments correspond to inappropriate use or immediate suspension or revocation of the user registration of the Site. MyBestSitter.com reserves the right to revoke or suspend the use of any Service User at any time at our own decision without notice to the Service User. Users agree not to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
• Use the Site for any purpose which is in violation of local, state, national, or international law.
• Advertise or offer to sell any goods or services for any commercial purpose on the Site without the written agreement with MyBestSitter.com.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters without the written agreement with MyBestSitter.com.
• Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
• Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
• Restrict or inhibit any other User from using and enjoying the Public areas.

Eligibility

The Service is available only to individuals who lives in Canada and are age of over 18 and older. The Service is not available to anyone who has criminal record characterized as a felony or a sexual offence, or for anyone with an open police investigation that involves a felony or any criminal offence characterized as a sexual offence. All of Service Users do understand and agree that  MyBestSitter.com is harmless for any misstatements by any of the Service Users.  MyBestSitter.com does not have any responsibility for any misstatements regarding the age, background, felonies, criminal offenses, open police investigations, eligibility for employment in Canada of any Service User of this Site. Any such misstatements may result in immediate suspension or revocation of the user registration of the Site. MyBestSitter.com reserve our right to terminate without notice the membership of any Service User if we believe that the User has provided any false information to us when registering for or using this Site.

 

WWW Links

The Service provide links to other web sites and resources. Because MyBestSitter.com has no control over such sites and resources, you understand and agree that MyBestSitter.com is not responsible or liable for any content, product, service or any materials from such sites or resources. All of Service Users do agree to hold MyBestSitter.com harmless from any liability that may result from the use of links that may appear on the Site. 

Non-Solicitation

MyBestSitter.com is a communication service for the connection between the Guardians and the Sitters for the purpose of receiving or providing sitter services. The Site and related services may not be used for the purpose of recruiting for other service, soliciting advertising by any person without written permission from MyBestSitter.com. If we find any violation of the terms regarding this section, MyBestSitter.com reserves the right to take appropriate legal action.

Commercial Use Prohibition

MyBestSitter.com is for the personal use of individual Users only. Organizations, companies, and/or businesses should not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from MyBestSitter.com in advance. MyBestSitter.com reserves the right to terminate your use of this Site or take appropriate legal action any time when we find any violation of the terms regarding this section.

Specific Terms and Conditions

Release

In case you have a dispute with another or other Service User(s), you have understand that MyBestSitter.com is not involved in the actual contact between Users and is released from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
 
User’s nformation

Users are responsible for providing accurate, timely and complete information to MyBestSitter.com in connection with their registration for and use of the Site. MyBestSitter.com is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information that they post or use in the Site. Users hereby grant MyBestSitter.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information in the Site.

Your Information

You are responsible for any Information you provide to the Site, including posted information in public communication area in the Site, such as job posting message board. You understand that  MyBestSitter.com provides the service to contribute and publish your information online. Therefore, you agree to warrant to MyBestSitter.com that all the information you provide through all the activities you do on the Site,
• is not to be false or misleading;
• is not to be illegal , infringe any other person or party’s rights;
• is not to be unlawfully threatening or unlawfully harassing;
• is not to be harmful to minors;
• does not contain any viruses or other computer programming that are intended to damage our Service or the Service system.
• is not to lose our liability of our Service User or our business partners.
MyBestSitter.com will only use your Information in accordance with our Privacy Policy, so we are not violating any rights you might have in that information.


Indemnification

By agreeing to the terms of the User agreement, Users agree to indemnify, defend, and hold harmless MyBestSitter.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "MyBestSitter.com") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by MyBestSitter.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. MyBestSitter.com reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of MyBestSitter.com.
 
Term of Agreement

By using this Site by any User, this agreement will become effective and will remain effective until the User stop using the Site. MyBestSitter.com may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. Furthermore, MyBestSitter.com may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of MyBestSitter.com as posted on the Site from time to time.

Property Rights

All of contents on this Site that users see or read on the Site is owned by MyBestSitter.com . It is used  by others only with permission. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. Any use of such contents without the prior permission of MyBestSitter.com is expressly prohibited. 

Privacy

MyBestSitter.com's Privacy Policy located on its Site as modified by MyBestSitter.com from time to time shall govern any disclosure or use of User's personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.

 
Modifications to the Site

MyBestSitter.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that MyBestSitter.com shall not be liable to User or any third party for any modification or discontinuance of the Site.

User account, password and security

Service Users are responsible for their login information (ID, password) for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify MyBestSitter.com of any unauthorized use of User's password or account or any other breach of security.

No Agency

MyBestSitter.com is only a venue for connecting Users. As such, Users are not legally affiliated with MyBestSitter.com in any way by virtue of their membership or usage of MyBestSitter.com' s Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

Disclaimer of Warranties

All Service Users hereby agree that they use this Site at their own risk. MyBestSitter.com does not warrant that the Site is safe from computer viruses, harmful contents or unlawful behavior of malicious users. We will make reasonable commercial effort to make safe and comfortable environment to every Users, however, we do not and cannot guarantee the safety of your personal information on this Site. You understand that the Site is a public place and there is always the risk to disclose of your personal information. MyBestSitter.com is not liable for any loss and damage as a result of using the Site.

Arbitration

  All disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement shall be arbitrated and finally resolved pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of the arbitration shall be the City of Vancouver, B.C., Canada. 

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of British Columbia, Canada (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Vancouver, B.C.. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between MyBestSitter.com and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by MyBestSitter.com with respect to the subject matter except as set forth herein.