Georgia Babysitters Terms of Use Agreement

GeorgiaBabySitters.Com is an online service which provides a classified database to assist parents in fulfilling their childcare needs, and assist childcare providers in promoting their services. GeorgiaBabysitters.Com also links you to BCI, LLC, a criminal background check service, as well as a variety of other tools and resources to help parents and babysitters connect for the best match.

This page sets forth the Terms and Conditions under which you may use GeorgiaBabysitters.Com, hereinafter “GeorgiaBabysitters.” Please read the Terms and Conditions below prior to using this site. Access to and use of this site is strictly governed by the Terms and Conditions in this Agreement. Be advised that these terms and conditions are subject to change from time to time without notice.

By using this site, you are accepting the Terms and Conditions stated below and are legally bound whether you register as a member or not.

1. General.

This Agreement establishes the legally binding terms of your use of this website and Membership registration and use. This Agreement represents the complete and entire Agreement between you and GeorgiaBabysitters and supersedes any prior agreements. This Agreement may be modified or revised at any time without notice of such modifications or revisions. Said modifications or revisions become duly effective and legally binding upon the posting on this website.

If any provision of this Agreement is held unenforceable by a Court of law for any reason, said provision will be revised only to the extent required to make the provision enforceable, and all other terms of this Agreement will remain in full force and effect. This Agreement is governed by and construed solely under Georgia law as such laws may apply.

2. Eligibility.

You must be age eighteen (18) or over to register as a Member of GeorgiaBabysitters and/or to use this website. By using this website, you are hereby representing and warranting that you have the capacity, authority and right to enter into this agreement and to abide by all the terms and conditions herein.

3. Prohibited Use of Site.

This website may only be used for lawful purposes by individuals promoting babysitter career information and seeking employment as a babysitter and/or by individuals in need of childcare providers and seeking to employ a babysitter.

GeorgiaBabysitters strictly prohibits:

A) the posting of false, misleading or incomplete biographical information;

B) modifying or deleting any information posted by another;

C) the use of any device, software, or any method intended to disrupt the proper functioning of this site;

D) any illegal or unauthorized use of the site;

E) collection of usernames and email addresses of members for the purpose of sending unsolicited emails, any form of harassment or unauthorized framing or linking to the website;

F) infringement of the copyright, trademark, trade secret or any Intellectual Property rights of others;

G) violation of the privacy, publicity or any other personal rights of another; and

H) defamatory, hateful, abusive, threatening or obscene communications.

Any illegal or unauthorized use of this website will be investigated and prosecuted to the full extent of the law, including without limitation, civil, criminal and injunctive redress.

4. Use of Materials.

You are solely authorized to view and download materials on the site exclusively for noncommercial, personal and legally permissible use. GeorgiaBabysitters owns and retains all proprietary rights in this site and the services. The contents of this site, including but not limited to text, logos, graphics, software, and other proprietary information of GeorgiaBabysitters, and/or its licensors or affiliates, is protected under the applicable Copyright and Trademark laws. Unauthorized use of these materials is a violation punishable by law.

Any resale of content or unauthorized commercial use of the site is strictly prohibited. You may not copy, modify, publish, transmit, distribute, perform, sell or otherwise display any proprietary materials without the express written permission of GeorgiaBabysitters. Additionally, you may not copy or adapt the HTML code utilized by GeorgiaBabysitters to generate its web pages.

5. Restriction of Posted Content.

GeorgiaBabysitters reserves the right, in its sole discretion, with or without notice to review and delete any content, posting or message (collectively, “Content”) that it deems to be in violation of this Agreement or which is offensive, illegal, or may violate the rights, or threaten the safety of others. GeorgiaBabysitters reserves the right to investigate, remove offensive communications, terminate Users membership, and block access to the site with or without notice and without any liability to the User whose membership is terminated or to the User whose access is blocked for content which including but not limited to:

A) is patently offensive to the online community or promotes racism, bigotry, hatred or threatens physical harm of any kind against another;

B) harasses or promotes the harassment of another;

C) transmits “junk mail,” “chain letters,” or unsolicited mail;

D) solicits or exploits individuals under the age of eighteen (18) in a sexual or violent manner;

E) unauthorized or illegal use, reproduction, copying, distribution, public display, modification or otherwise infringement of the copyrighted, trademarked or other intellectual property rights of another without obtaining prior written consent including pirating computer programs or links, pirated music or links to pirated music files, or circumventing manufacturer installed copy-protected devices;

F) providing or creating computer viruses;

G) soliciting passwords or personal identifying information for commercial or unlawful purposes from others;

H) engaging in commercial activities and/or sales without prior written consent, including, but not limited to contests, sweepstakes, advertising and pyramid schemes.

You are solely responsible for the Content that you post or display on the site, and/or transmit to other Users or Members. You hereby represent and warrant that the holder of any rights in the content you post or display has waived any such rights, and has irrevocably granted to you a license. By posting content to any area of the site, you hereby grant to GeorgiaBabysitters and its affiliates the irrevocable, perpetual, and non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of such information and content.

6. Notification of Claimed Copyright Infringement.

You may not post, distribute, or reproduce in any way copyrighted material, trademarks or other proprietary information, without obtaining the prior written consent of the owner of the proprietary rights. If you believe that your work has been copied, posted or uploaded in a way that constitutes copyright or trademark infringement, please notify us immediately via email with the following information:

- an electronic or physical signature of either the copyright owner or the person authorized to act on behalf of the work you claim has been infringed;

- a description of the copyrighted work you claim has been infringed;

- a description of the infringing activity;

- a description of the specific location on the site where the activity you claim to be infringing is occurring;

- your name, address, telephone number and e-mail address;

- a written statement by you stating you have a “good faith belief” that the disputed use of the work on the site is not authorized by the copyright owner, its agent, or the law; and

- a statement by you under penalty of perjury that the information you have provided is accurate and that you are either the copyright owner or authorized to act on behalf of the copyright owner.

7. Responsibility for Content.

GeorgiaBabysitters is not responsible for nor does it control any content or information posted on the site or in connection with its service whether provided by Users or made available through the site. GeorgiaBabysitters makes no representations about the accuracy of the Content and assumes no responsibility for any error, omission, misrepresentation, deception, offensiveness, defect, delay in operation or transmission, theft or destruction or unauthorized access to or alteration of User or member content or communications. You hereby agree that you are solely responsible for the accuracy and form of any content posted on the site or transmitted between users, including but not limited to resumes, information or materials.

The information provided in the site is not professional advise.

GeorgiaBabysitters expects all users of the site to exercise consumer caution, care and reasonable scrutiny when utilizing the site; content posted on the site; or any interactions with other users or members of the service.

Thus, prospective babysitter employers and prospective babysitters are exclusively responsible for the content posted on the site and any use of content retrieved from the site. You further agree that use of the Georgia Babysitter’s service and content is at your own risk.

8. Links to Other Sites/Advertisements.

GeorgiaBabysitters may provide links to third party websites and/or services exclusively as a courtesy and convenience to its users. GeorgiaBabysitters does not endorse or recommend the third party companies, advertisements, products or services. GeorgiaBabysitters shall not be responsible for the content or accuracy of materials on such third party websites. GeorgiaBabysitters is not liable directly or indirectly for any damages or loss arising from use of the services, products or websites of third party links and advertisements. Any access or use of third party websites, services or products is done at your own risk.

9. User and/or Member Disputes.

GeorgiaBabysitters is not responsible for user-to-user interactions or disputes. GeorgiaBabysitters is not involved in nor responsible for any communications or transactions between prospective employers and prospective babysitters or any user-to-user interactions. GeorgiaBabysitters has no obligation to monitor disputes or the behavior of the site’s users. You hereby release GeorgiaBabysitters, its assigns, agents, employees and affiliates from any claims, demands or damages of any kind which may arise due to a dispute between you and other users or members of the site.

You further hereby assume any and all risks associated with dealing with other users, including but not limited to people acting under false pretenses, the risk of physical, bodily, or emotional harm, damage or loss of property, and profit. Under no circumstances will GeorgiaBabysitters be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the website, its service, content posted on the site, or transmitted by users or members online or offline.

10. Users as Independent Agents.

GeorgiaBabysitter’s is not the employer of any user/member of the site. GeorgiaBabysitter is not responsible for the conduct, whether offline or online, of any user or member of the website. Prospective employers and prospective babysitters are acting as independent agents with respect to any use of the website. GeorgiaBabysitters is not responsible for any employment decision that is made by a prospective employer or prospective babysitter, nor for any dealings or liabilities therefrom.

11. Disclaimers.

You acknowledge by use of this site that your use of the site is at your own risk exclusively. GeorgiaBabysitters cannot and does not guarantee any specific results from the use of the website and its services. GeorgiaBabysitters makes no representations as to the fitness, ability, representations, or character of any prospective employer- parent or prospective babysitters that uses the site.

All content, information and the services accessed on this site are provided “As Is” without express or implied warranty of fitness for a particular purpose or any kind or non-infringement. GeorgiaBabysitters, nor its affiliates, and subsidiaries are not responsible for any incorrect or inaccurate content posted on the site or in connection with the service, whether caused by users, members or by any of the equipment or programming associated with or utilized by the service, even if notified in advance of such potential damages.

GeorgiaBabysitters makes no representation whatsoever as to the accuracy of any information, including but not limited to pre-employment history, background verifications, application information, resumes, motor vehicle records, references, or any other criminal, medical or character information; products; advise; advertisements; links to any websites (including the Children‘s Auction Site); or any tools or forms accessible via the website. In no event shall GeorgiaBabysitters be liable for any special, incidental, indirect or consequential damages of any kind due to any content, or information contained or available via the website or any resources, links, independent contractors, affiliates or subsidiaries. Further, GeorgiaBabysitters shall not be liable in tort or under any other legal theory for bodily harm or loss to person or property of any kind as a result from interaction with any person resource, service or product, accessible via the website.

Moreover, no warranty is made that the website shall be error free. GeorgiaBabysitters assumes no responsibility for any interruption, defect or delay in operation and transmission, theft, destruction or unauthorized access to user or member communications, technical malfunction of any kind including telephone lines, computer systems, servers equipment, software, or damage to users and members or any other person’s computer in downloading materials in connection with the site or service.

13. US Export Controls.

GeorgiaBabysitters does not warrant that the content or its service may be lawfully viewed or downloaded outside of the United States. Access to this site outside of the United States is at your own risk. You are responsible for compliance with the laws in your jurisdiction.

Software for this website is subject to the US export controls. No Software may be downloaded from the website or exported to Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the US has embargoed goods; or to any entity listed as a US Treasury Department designated National or with the US Commerce Department Table of Deny Orders. By downloading or using this site and Software, you hereby warrant that you are not a national, resident or located in or under the control of any country on such list.

14. Limitation of Liability.

In no event shall GeorgiaBabysitters, nor its affiliates and subsidiaries be liable to you or any third person for any damages whatsoever, including without limitation, indirect, incidental, consequential, exemplary, punitive, lost profits or business interruption arising from your use of the website or service, even if GeorgiaBabysitters has been advised of the possibility of such damages, whether based upon warranty, contract, tort, or any other legal theory.

Notwithstanding, you agree that GeorgiaBabysitter’s aggregate liability to you for any claim whatsoever will be limited to the amount paid, if any, by you to GeorgiaBabysitters for the service during your membership term.

15. Indemnification.

You hereby agree to indemnify, defend, and hold harmless GeorgiaBabysitters, its subsidiaries, affiliates, officers, directors, employees and agents from and against any claims, actions, loss, liability or demands, including reasonable legal or accounting fees, arising out of your use of the service, including but not limited to your breach of the terms and conditions of this agreement or breach of your representations at your sole expense. GeorgiaBabysitters shall provide prompt notice to you of any such claim or proceeding.

16. Term and Cancellation.

This agreement is in full force once you commence use of the site and/or you are a Member. GeorgiaBabysitters reserves the right to cancel and terminate your use, access, and/or membership in its sole discretion, at any time and to delete any or all of your postings and content upon your breach of any of the Terms and Conditions herein. You are bound to the terms and conditions of this agreement as applicable, even after the cancellation or termination of your use or membership. Once you are a member, your credit card will be charged on a monthly basis until you unsubscribe.

17. No Refunds.

If GeorgiaBabysitters terminates or cancels your use and/or membership for just cause, which may be determined in its sole discretion, you will not be entitled to any refunds for the service or any associated fees of any type. Fees for the service or any associated services are non-refundable. GeorgiaBabysitters provides a non-refundable web service. You hereby agree to assume at your own risk, and are bound to pay the associated fee for any services and/or products you choose offered via the website.

GeorgiaBabysitters exercises its due diligence to provide a secure site for credit card purchases of its services; however, GeorgiaBabysitters is not responsible for any fraudulent use of Credit Cards. Any such claims should be resolved directly with your creditor.

18. Registration and Password.

The confidentiality of your registration information and password is your exclusive responsibility. You hereby agree to notify GeorgiaBabysitters of any suspected unauthorized use of your registration information or your password.

I have read this Agreement in its entirety and hereby expressly agree to the Terms and Conditions of the provisions stated above.