Last Updated: September 3, 2018
When using certain features of the Site, you will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.
We reserve the right to modify the Site, these Terms, and Policies at any time effective immediately upon posting modifications. You are responsible for regularly reviewing these Terms to be aware of modifications. By using the Site, you agree that the posting of new or revised Terms or Policies on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued access or use of the Site after any changes shall constitute your acceptance of any and all modifications.
Different sections of the site as well as terms affect Service Providers and Pet Parents differently. Please be sure to read these Terms carefully so you have a complete understanding of how they apply to you.
2. Purpose of the Site
- "CONTENT" – any text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials included on the Site.
- "SERVICE PROVIDER" - a person who offers pet care services, registers for a Sitting for a Cause account, and creates a Sitter Profile on the Site.
- “SITTER PROFILE” – a profile created by a Service Provider consisting of information including (but not limited to) location, services offered, price, photos, videos, experience level, availability, and special training.
- "PET PARENT" - a person who owns pets, registers for a Sitting for a Cause’s account, creates a Pet Parent profile, and searches for and/or books Service Providers on the Site.
- “PET PARENT PROFILE” – a profile created by a Pet Parent consisting of information including (but not limited to) photos, location, types of pets, names of pets, ages of pets, pet temperament, and pet health history.
- “PETS” - any animal legally owned by a Pet Parent including but not limited to dogs, cats, fish, birds, reptiles, horses, rodents, and/or livestock.
- “PROFILE” – Either a Sitter or Pet Parent Profile on the Site.
- "SERVICES" - services provided by Service Providers. Services may include (but are not limited to) pet sitting, pet grooming, pet training, pet walking, pet massage, etc.
- "THIRD PARTY PROVIDERS" - Sitting for a Cause’s third party agents, contractors, distributors, merchants or sponsors.
“USER” – Either a Service Provider or Pet Parent who utilizes the Site.
"YOUR INFORMATION" - any information and materials you provide to Sitting for a Cause or other User in connection with your registration and use of the Site.
Sitting for a Cause is an online platform where Service Providers can create a Sitter Profile for the purpose of advertising their Services to Pet Parents and accepting bookings. Pet Parents can create a Pet Parent Profile for the purpose of identifying their Pets, researching Service Providers, booking, and paying for Service Provider Services. Anyone can view Sitter Profiles without registering for the Site, but you must register as a Pet Parent to contact Service Providers and you must register as a Service Provider to create a Sitter Profile and list your Services.
When registering for the Site you must provide accurate and complete information about yourself. This information includes a verified email address and you must promptly update this information if it changes. You must immediately notify us of any unauthorized use of your account, profile, or breach of security. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. You are not authorized to register for an account or manage an account for anyone but yourself.
By using the Site, you acknowledge that Sitting for a Cause does not provide Services or operate as a Service Provider. Sitting for a Cause does not make representations or warranties about the quality of any Service/s provided by any Service Provider or about your interactions and transactions with users. Though we provide general guidance on our Site to Service Providers about pet safety and care, Sitting for a Cause does not employ, recommend or endorse Service Providers or Pet Owners and will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether utilizing the Sitting for a Cause platform or direct communications. We have certain requirements that must be met for Sitter Profiles to be publicly listed on our Site and conduct an initial review of Sitter Profiles but do not otherwise screen Service Providers or Pet Owners. All users should exercise caution and use their independent judgment before contacting a Service Provider, responding to Pet Parents, meeting with other Users, providing services, purchasing services, or otherwise interacting with users via the Sitting for a Cause Website. All users are solely responsible for making decisions that are in the best interests of themselves and their pets.
Pet Parents may use the Sitting for a Cause Site to view Service Providers, request Services, communicate with Service Providers, meet with Service Providers, schedule Services, and pay for pet care services from Service Providers. Pet Parents agree Sitting for a Cause has no responsibility or liability for any pet care Service provided by other users through the use of the Site.
Service Providers may use the Sitting for a Cause Site to list services, provide quotes or custom quotes, complete meet and greets, accept bookings, complete jobs, and accept payment from Pet Parents. Service Providers agree that Sitting for a Cause has no responsibility or liability for any pet care Service you provide through the use of the Site other than as expressly set forth in these Terms.
By registering for, accessing, and using the Sitting for a Cause Site, you warrant that you (1) Are 18 years of age or older, and (2) will comply with all ordinances and laws applicable to your actions through the Sitting for a Cause Site. If you are a Service Provider, this includes but is not limited to being legally eligible to work in the jurisdiction where you provide Services, being in compliance with all federal, state, county, municipal, and other laws, ordinances, and statutes applicable to you, and that you have obtained all permits, business licenses, and fulfilled any other requirements to legally provide Services. If you are a Pet Parent, this means your pets are licensed and up to date on vaccines in accordance with local law. You acknowledge that Sitting for a Cause is not responsible for verifying that all users have met these requirements and that you are responsible for verifying your compliance and the compliance of any other User you communicate with or engage in transactions with.
4. Profile Content and Your Information
In order to use the Site, both Service Providers and Pet Parents must create profiles on the Site and will be asked various questions in order to complete their profiles.
Service Providers will create a Sitter Profile that includes (but is not limited to) Services they provide, experience, information about themselves, prices, availability, experience level, photos, information about their pets (if they have any), and special training. Sitter Profiles will be made publicly available on the Site and Pet Parents will be able to view their Sitter Profile and book their services once the Service Provider has either:
- Passed a background check through our Third Party Provider, ClearStar
- Allowed us to verify they have insurance coverage through their own insurance policy or have been added to our umbrella insurance policy through Kennel Pro
- Passed one of our pet care tests with a score of 80% or above
- Passed our Orientation Test on pet sitting best practices and Sitting for a Cause site usage with a score of 90% or above
- Allowed us to verify a reference.
Pet Parents will create a Pet Parent Profile that includes information about their Pets including (but not limited to) names, pictures, ages, breeds, temperament, and health history. Pet Parent Profiles will only be made available to the Service Providers they contact via the site.
By creating a profile, you represent and warrant that you are lawfully able to enter into contracts on behalf of yourself. You are responsible for all activities associated with your account. Only one active profile (account) is allowed per person and per household. You are not authorized to create a profile for anyone else.
Sitting for a Cause does verify content contained in any Pet Parent Profile or Sitter Profile. We cannot guarantee the quality, accuracy, completeness condition, legality, or suitability of any Profile or Service. Sitting for a Cause is not responsible for any and all liability related to any Profile or Services. Additionally, any bookings of Service Provider Services will be made at the risk of each Pet Parent.
You hereby represent and warrant to Sitting for a Cause that Your Information:
A. Will not be false, inaccurate, incomplete or misleading
B. Will not be fraudulent or involve the sale of counterfeit or stolen items
C. Will not infringe any copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy of any person
D. Will not violate any law, statute, ordinance, or regulation
E. Will not be defamatory, libelous, threatening, or harassing
F. Will not contain nudity, sexually explicit content, or be otherwise obscene
G. Will not contain child pornography or be harmful to minors
H. Will not portray or support the use of drugs
I. Will not contain offensive images and/or language
J. Will not contain violence or characterize violence in a supportive manner
K. Will not contain links to other websites
L. Will not contain any personal contact information whatsoever
M. Will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
N. Will not create liability for Sitting for a Cause or cause Sitting for a Cause to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
At your request, Sitting for a Cause and its licensees will make reasonable efforts to remove your content and/or information from publication outside the Site. However, Sitting for a Cause, its licensees and sublicensees will not be liable if such content and information remains published. You represent and warrant you have the rights to grant us this license. The foregoing includes any personality or publicity rights encompassed in such content, and you acknowledge we may use any such content to promote Sitting for a Cause or our Site. You are legally required to obtain a release from any person (or the legal guardians of any persons) portrayed in your content before you submit it to us, with knowledge from these persons that we may use and publish the content in which they are portrayed it in any manner we so choose. Should such release not be obtained by you, Sitting for a Cause cannot and will not be held liable and any actions taken against you for use of unauthorized content will not be the responsibility in any way, shape, or form of Sitting for a Cause.
Sitting for a Cause occasionally shares photo updates of Pet Parent’s Pets and Service Provider Pets with Site Users and the public. Sitting for a Cause occasionally shares Sitter Profiles with Site Users and the public. You agree that Sitting for a Cause may, at its sole discretion, publish these photos and/or profiles on the Site and across social media including Facebook, Twitter, Pinterest, LinkedIn, Instagram, Google Plus, Craigslist, and similar sites.
Sitting for a Cause is not obligated to post any content from you or anyone else. At our discretion, we reserve the right to edit, remove or delete any content you submit.
5. General User Conduct
In connection with your use of our Site, you must act responsibly and exercise good judgment. You will not:
1. Use the Site to find a Service Provider, Third Party Service provider or Pet Parent and then complete a transaction offline
2. Submit any profile or service with a false or misleading price, or submit any service with a price that you do not intend to honor
3. Update a profile with inaccurate contact information or remove contact information
4. Enter into an agreement with a third party to manage your Service activities on the site or allow a third party to access or manage your account or use of the Site
5. Use the Site for any commercial and/or competitive purpose
6. Collect information about the Site or any Users of the Site including but not limited to profile information and/or contact information
7. Use the Site or Services to recruit, or solicit users for employment, or contact users to conduct business on behalf of a third party Service Provider service or network of Service Providers
8. Violate any local, state, provincial, national, or other law or regulation, or court order
9. Infringe the rights of any person or entity
10. Modify, render (or re-render), frame, truncate, mirror, filter, inject or change any Content or information contained on the Site
11. Interfere with or damage our Site in any way
12. Impersonate another person or entity in order to transmit, post or submit any information concerning any other person or entity
13. Falsify or otherwise misrepresent yourself or your affiliation with any person or entity
14. Allow another individual or entity to impersonate you to register or use the Site
15. Register for more than one User account or register for a user account on behalf of an individual other than yourself
16. Use automated scripts to interact with the Service or the Site except through intentionally provided APIs
17. Use automated scripts to access, obtain information, copy, generate impressions or clicks, input or store information, search or generate searches, or monitor the Site or any portion or Content included on the Site
18. Hide the origin of information transmitted to, from, or through the Site
19. Use our Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to services usually arranged via the Site
20. Use the Site in a way that is will harm any User
21. “Stalk” or harass any user of our Site
22. Behave in any way that causes a negative experience for any User, to be determined by Sitting for a Cause
23. Behaving in any way that demonstrates a lack of courtesy or professionalism with any Sitting for a Cause Staff Member, to be determined by Sitting for a Cause;
24. Use the Site for any purpose that violates local, state, national, international laws
25. Collect or store any information about any other user other than for purposes of transacting as a Pet Parent, Service Provider or provider of Third Party Services with another user
26. Distribute viruses or any harmful computer code
27. Violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site
28. Sidestep any measures implemented by Sitting for a Cause that are aimed at preventing violations of the Terms
The foregoing is merely a list of examples of prohibited conduct. Sitting for a Cause reserves the right to cancel any account or take other appropriate actions in its sole discretion.
6. Service Provider Conduct
Sitting for a Cause recommends Service Providers who watch one or more animals at a time exercise extreme caution and implement appropriate safety protocols. Sitting for a Cause will not be held liable for any incidents arising from a Service Provider’s lack of supervision, safety protocols, caution, or negligence. The Service Provider is solely responsible for any loss, injury, death, or other incident that occurs when watching animals one on one or watching multiple animals simultaneously.
Service Providers must represent and warrant they are legally able to work in the United States and may only use the Site for lawful purposes. They must represent and warrant that they are 18 years of age or older. Service Providers may be subject to specific laws and regulations in connection with providing Services, including laws and regulations that require permits, licenses or bonds (“Legal Requirements”). Service Providers agree that they are solely responsible for determining what Legal Requirements apply to them and for complying with all Legal Requirements. Each Service Provider is responsible for securing the permits, licenses, and permissions required to offer and provide Services. Sitting for a Cause is not responsible for a Service Provider’s failure to obtain said permits, licenses, or permissions.
Service Providers who use the Site take full responsibility for any information and Services they post. Service Providers must represent and warrant that information and Services posted will not breach any agreements entered into with third parties, will be in compliance with applicable laws including but not limited to laws concerning the treatment of animals and/or permitting or licensing requirements, and will not conflict with the rights of third parties. Sitting for a Cause is not responsible for any Service Provider’s failure to abide by applicable laws, rules, or regulations.
All payments to Service Providers are run through PayPal, therefore PayPal handles all tax documentation. To find your 1099 tax statement on PayPal, check out their tutorial
. If you have questions about taxes, we advise you contact a tax advisor for assistance.
Sitting for a Cause is not an employment service and does not serve as an employer of any Service Provider. Sitting for a Cause does not guarantee booking inquiries or bookings if you use the Site. Sitting for a Cause is not liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security, Medicare, or payroll withholding tax in connection with Service Providers use of the Site. It is the responsibility of all Service Providers to determine any and all taxes and duties and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all taxes. Sitting for a Cause and its affiliates are not obligated to determine whether taxes apply to you or any services you provide and are not responsible for collecting, reporting or remitting any taxes that may be applicable to you. Additionally, every Service Provider is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. Sitting for a Cause is not responsible for any taxes related to any Service Provider’s use of the Site. It is your obligation and your obligation alone to comply with all applicable state, federal and international laws that apply to your activity on the Site.
All Service Providers are required to respond to a minimum of 75% of the inquiries and meet and greet requests they receive. Failure to respond to 75% of the inquiries and requests you receive by either accepting, denying, or sending a message to the Pet Parent who sent the inquiry will result in account suspension. Additionally, receiving multiple inquiries and/or meeting requests without any or a low ratio of confirmed bookings (as determined at the sole discretion of Sitting for a Cause) will result in immediate account suspension.
A Service Provider who completes a transaction offline with a Pet Parent who originally contacted them through Sitting for a Cause will have their account immediately suspended. Any and all transactions between Service Providers and Pet Parents who connected through Sitting for a Cause must be completed through the Site otherwise both the account of the Service Provider and Pet Parent will be immediately suspended.
Service Providers may be subject to specific laws and regulations in connection with providing Services, including laws and regulations that require permits, licenses or bonds (“Legal Requirements”). Service Providers agree that they are solely responsible for determining what Legal Requirements apply to them and for complying with all Legal Requirements. Each Service Provider is responsible for securing the permits, licenses, and permissions required to offer and provide Services. Sitting for a Cause is not responsible for a Service Provider’s failure to meet Legal Requirements.
You understand and agree that Sitting for a Cause does not act as an insurer or as a contracting agent for you as a Service Provider. If a Pet Parent purchases any of your Services, any agreement you enter into with such Pet Parent is between you and the Pet Parent and not Sitting for a Cause. Sitting for a Cause serves as the limited authorized agent of the Service Provider for the purpose of accepting payments from Pet Parents on behalf of the Service Provider and is responsible for transmitting such payments to the Service Provider. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions.
Sitting for a Cause recommends that Service Providers obtain appropriate insurance for their Service Provider-Provided Services. Please review any insurance policy that you may have for your Service Provider-Provided Services carefully, and make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
All Service Providers must return Pets entrusted to their care to the pet’s rightful Pet Parent upon completion of services. Under no circumstance is any Service Provider authorized to sell, foster, rehome, adopt, or otherwise transfer ownership of a Pet entrusted into their care without the explicit written and signed consent of both the Pet Parent and Sitting for a Cause.
Service Providers agree that neither Sitting for a Cause nor any Pet Parent is responsible for reimbursing them for property damage and agree to not seek reimbursement or other damages from Sitting for a Cause or any Pet Parent should damage occur. Service Providers accept jobs and bookings at their own risk and do not hold Sitting for a Cause liable for injury, death, loss, or damage to themselves, their property, their pets, or any person they expose to the animals they agree to care for.
7. Pet Parent Conduct
Selecting a Service Provider is in the sole discretion of the Pet Parent. Pet Parents must exercise their own judgment when choosing a Service Provider to care for their pets. Sitting for a Cause will not be held liable for any incidents or issues resulting from the Pet Parent’s decision to hire a Service Provider they find on the Sitting for a Cause Site.
Pet Parents who book Services from a Service Provider acknowledge that the Service Provider may work with multiple clients at once and that their Pet may come into contact with other animals. Pet Parents are solely responsible for inquiring with their Service Provider about additional Pets their Pet may come into contact with as well as safety protocols the Service Provider has in place to ensure the safety of all Pets in their care. Sitting for a Cause will not be held liable for any incidents or issues arising from a Pet Parent’s choice to transact with a Service Provider who watches multiple pets at once.
When researching or hiring Service Providers, be aware that Service Providers may be subject to specific laws and regulations in connection with provision of pet care services, including laws and regulations that require permits, licenses or bonds before providing Services (“Legal Requirements”). As a Pet Parent, you agree that Sitting for a Cause is not responsible for determining whether or not Service Providers are abiding by said laws and that a Pet Care Service Provider may not be in compliance with Legal Requirements. You are encouraged to inquire directly with any Service Provider should you have questions or concerns.
By using the Sitting for a Cause website, you acknowledge that there is no guarantee that a Sitting for a Cause Service Provider will be available for the dates of service you need. While Sitting for a Cause website administrators may assist in helping find a Sitting for a Cause Service Provider, that is no guarantee that website administrators will be able to successfully secure a Service Provider for you. Sitting for a Cause is not liable should you or the website administrators be unable to find a Service Provider for your needed service dates on the Sitting for a Cause website.
If a Pet Parent makes a booking of Services and fails to retrieve their pet from the Pet Care Provider within seven (7) days (or the time period set forth in the applicable jurisdiction's animal abandonment or cruelty laws, if earlier) of the end date of their reservation, they agree that Sitting for a Cause may (but has no obligation to) place their pet in foster care and notify the authorities. All Pet Parents agree that they will be responsible for and will reimburse Sitting for a Cause all costs and expenses of any such action, and they acknowledge that they may become subject to any applicable laws that may govern their failure to retrieve their pets, including all applicable animal abandonment or cruelty laws.
Service Provider Services are not appropriate for all pets, especially pets with aggression or socialization issues. You acknowledge that it is your sole responsibility, as a Pet Parent, to determine if the applicable Service Provider Service is best for your pet and to select the Service Provider you book carefully.
A Pet Parent who completes a transaction offline with a Service Provider who they originally contacted through Sitting for a Cause will have their account immediately suspended. Any and all transactions between Service Providers and Pet Parents who connected through Sitting for a Cause must be completed through the Site otherwise both the account of the Service Provider and Pet Parent will be immediately suspended.
Service Providers on the Site may receive positive reviews or ratings by the Site or its Users. However, Sitting for a Cause makes no representations or warranties regarding the quality, security or positive features of the Service Provider. Sitting for a Cause is not party to any agreement or transaction between Pet Parent and Service Providers and cannot verify claims made by the Service Provider including but not limited to any medical certifications, insurance coverage, or special training.
Pet Parents are responsible for all actions by your Pet during Services booked through the Site. Pet Parents are required to share any and all relevant information, including but not limited to medical issues, behavioral issues, allergies or other conditions, about their Pets prior to booking the Service Provider for Services on the Site. Pet Parents must also complete a Pet Care Release specifying emergency medical treatment protocols for their pet if needed.
Pet Parents acknowledge and agree that the collective risk arising out of use of the Site, including listing and booking Services, is entirely their own. You acknowledge and agree that Sitting for a Cause is not liable for any damages associated with the administration of Services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Service Provider, any family member, friend, pet or other affiliate of the Service Provider or any other third party). It is the sole responsibility of the Pet Parent to make decisions that are in the best interests of themselves and their pets.
Pet Parents acknowledge and agree that neither Sitting for a Cause nor any Service Provider they hire through Sitting for a Cause is liable for actions and/or damages of other parties (including but not limited to family members, friends, housekeepers, gardeners, repairmen, and pool cleaners) a Pet Parent allows to access their home while the Service Provider has access to the Pet Parent's home.
8. Background Verification
Sitting for a Cause does not endorse any Service Providers, Services or Pet Parents. Although these Terms require Service Providers and Pet Parents to provide accurate information, Sitting for a Cause does not attempt to confirm, and consequently does not confirm, any User’s alleged identity or background. As a User of the site, you are responsible for providing comprehensive, accurate, and up to date information about yourself.
It is the User’s responsibility to determine the identity and suitability of Users who you contact by means of the Site. Sitting for a Cause does not endorse anyone who uses or registers for our Site. Sitting for a Cause does not investigate or validate any User’s background or verify the information that any User submits through the Site.
Sitting for a Cause does make available to Service Providers identity and background information services offered by a third party and, when a Service Provider completes such checks we publish the findings (e.g., a badge or annotation that accompanies a User’s public profile). However, such reference does not constitute a warranty, endorsement, or verification by Sitting for a Cause. If a Service Provider completes a background check and Sitting for a Cause notes the result of such background check service returned no negative results, you acknowledge that the publishing of such finding (and any related opinions, awards, icons, advice, statements, offers, or other information or content made available through, or based upon, a Third Party Service) are those of the applicable Third Party Service provider. Sitting for a Cause does not guarantee the accuracy, completeness, or usefulness of any information and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made.
Sitting for a Cause will not be held responsible by anyone under any circumstances for any loss or damage resulting from anyone’s reliance on information or other content posted on Sitting for a Cause that originate from Third Party Services. We encourage Pet Parents, Service Providers and Third Party Service providers to communicate with each other directly using the tools available on the Site and to review the profile pages of Pet Parents, Service Providers and Third Party Service providers for feedback from other users.
9. Insurance Coverage
Sitting for a Cause recommends all Service Providers purchase their own insurance policy to cover any jobs they book on or off the Sitting for a Cause website. When a Service Provider allows Sitting for a Cause to verify they have purchased insurance to cover their services, they receive a badge or annotation on their public profile.
Additionally, Sitting for a Cause does offer an umbrella insurance policy to Service Providers on the Site that covers any jobs booked on the site. Service Providers are not automatically added to this policy. However, when a Service Provider is added to our policy, they too will receive a badge or annotation on their public profile. For more information about the policy or to learn about being added to it, contact us.
However, such reference or badge annotation on a Service Provider’s Sitter Profile does not constitute a warranty, endorsement, or verification by Sitting for a Cause. If a Service Provider purchases insurance or is added to the Sitting for a Cause umbrella policy and Sitting for a Cause notes this, you acknowledge that the publishing of such finding (and any related opinions, awards, icons, advice, statements, offers, or other information or content made available through, or based upon, a Third Party Service) are those of the applicable Third Party Service provider. Sitting for a Cause does not guarantee the accuracy, completeness, or usefulness of any information and neither adopts nor endorses nor is responsible for the accuracy or reliability of any coverage, opinion, advice or statement made.
Sitting for a Cause will not be held responsible by anyone under any circumstances for any loss or damage resulting from anyone’s reliance on information or other content posted on Sitting for a Cause.
10. Service Provider Tests
Sitting for a Cause makes available to all our Service Providers various tests to demonstrate their expertise in pet care. These tests are designed by Sitting for a Cause based on common pet care concepts. Service Providers must score an 80% or above to pass the test and each test is 20 questions each. Sitting for a Cause also offers a pet sitting best practices orientation document and subsequent test sitters can take. This test is 35 questions and requires a 90% or above to pass.
When a Service Provider passes one of our tests, they receive a badge or annotation on their public profile. However, such reference does not constitute a warranty, endorsement, or verification by Sitting for a Cause. If a Service Provider completes a test, you acknowledge that the publishing of such finding (and any related opinions, awards, icons, advice, statements, offers, or other information or content) does not guarantee the accuracy, completeness, or usefulness of any information and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made.
Sitting for a Cause will not be held responsible by anyone under any circumstances for any loss or damage resulting from anyone’s reliance on information or other content posted on Sitting for a Cause.
11. Reference Checks
Sitting for a Cause offers the ability for Service Providers to provide references for Site administrators to contact to verify a reference. Site administrators will first contact the listed reference via email to schedule a time to speak by phone. Once the reference confirms a time through email, the Sitting for a Cause site administrators will contact the reference by phone to ask questions pertaining to the services the sitter provided. Upon receiving a positive recommendation, a reference check badge will be added to the sitter's profile. Please note, relatives can not provide references for Service Providers.
Alternately, a Service Provider may provide Sitting for a Cause with a link to their business profile on an alternate website that has verified reviews/recommendations. A Sitting for a Cause site administrator will review the link and recommendations for authenticity, then grant the Reference Checked badge if applicable.
Sitting for a Cause will not be held responsible by anyone under any circumstances for any loss or damage resulting from anyone’s reliance on information or other content posted on Sitting for a Cause.
12. Jobs Completed
Certain Sitting for a Cause Service Providers will have a "Jobs Completed" badge on their profile. This badge is earned once a Service Provider has successfully completed at least one job through the Sitting for a Cause website.
Sitting for a Cause will not be held responsible by anyone under any circumstances for any loss or damage resulting from anyone’s reliance on information or other content posted on Sitting for a Cause.
13. Communications, User-to-User Agreements, and Interactions
As a User of the Site, you are required to respond to messages and inquiries from other Users in a timely manner. Failure to respond to at least 75% of messages and inquiries will result in account review and possible account suspension.
Sitting for a Cause is not involved in face-to-face contact between Pet Parents and Service Providers nor are we involved in the specific agreements between Pet Parents and Service Providers in regards to Services provided. We are unable to control the conduct of either Pet Parents or Service Providers and cannot guarantee the accuracy of information that Pet Parents or Service Providers post on the Site or provide through the Services. We may provide optional default terms for transactions between Pet Parents and Service Providers. If we provide optional default terms for transactions and you agree to such terms, this does not make us a party to any transaction between a Pet Parent and a Service Provider. Any default terms we provide are for Pet Parent and Service Provider convenience only and do not constitute legal or other advice. Nor do they constitute any sort of guarantee or warranty regarding the Services, or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You are responsible for reviewing all terms carefully and seeking your own counsel with respect to the meaning and/or consequences of any terms.
You are solely responsible for interactions with other Users of our Site. Sitting for a Cause is not responsible for any damage, expenses, liabilities or harm resulting from your use of the Site, including interactions with other Users of our Site. Sitting for a Cause encourages Pet Parents and Service Providers to communicate with each other using the communication methods provided via the Site. These communications methods may allow Sitting for a Cause to investigate facts and circumstances related to a stay and assist Sitting for a Cause in resolving an issue in the unlikely event that an issue arises. Sitting for a Cause reserves the right, but has no obligation, to monitor interactions between users of our Site and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Site may consider obscene, lewd, lascivious, violent, harassing or otherwise objectionable.
Sitting for a Cause strongly advises that all Users utilize our messaging system to agree upon price, Services, and other agreements so that such correspondences can be used to handle disputes in the unlikely event that a dispute occurs.
Service Providers may be required to provide periodic photo updates via email to the Pet Parents based on agreements between Service Providers and Pet Parents. Failure to abide by the agreement made between the Service Provider and the Pet Parent upon booking may result in a full or partial refund to the Pet Parent and the Service Providers suspension from the Site.
Due to the possible life and death ramifications involved with placing Pets in the care of a Service Provider, all Site Users (Pet Parents and Service Providers) are responsible for responding to any and all messages pertaining to booking inquiries, booked jobs, and any and all other communication either via the Site or other communication methods outside the site (including but not limited to phone calls, emails, or texts). Should any User not respond to another User's Site message or off Site phone call, text, email, or other communication in regards to a booking inquiry or booked job within 48 hours of the communication being sent, Sitting for a Cause reserves the right to cancel the inquiry or job and, if necessary, provide refunds. Sitting for a Cause has sole discretion over cancellations and/or refunds granted due to a User's failure to communicate within 48 hours of receiving a Site message or off Site phone call, email, text, or other communication pertaining to a booking inquiry or booked job. Users will not hold Sitting for a Cause liable for any payments, wages, fees, income, monetary losses, or monetary compensation lost as a result of cancellations and/or refunds resulting from a Users failure to respond to Site messages or off Site emails, text, phone calls, or other methods of communication pertaining to a booking inquiry or booked job.
14. Booking and Financial Terms
You agree that Sitting for a Cause is not a party to any agreements or bookings you enter into with any Service Provider, Pet Parent, or any User of the Site. Pet Parents contract directly with Service Providers for Services. Sitting for a Cause is not a broker, agent, or insurer and has no control over the conduct of Service Providers, Pet Parents, Pets, or any User of the Site. Sitting for a Cause disclaims all liability in this regard..
Service Providers set the pricing for their Services, provide custom quotes and provide the terms for their Services within the parameters permitted by the Site, however Sitting for a Cause at our sole discretion reserves the right to cancel any reservation that does not meet our standards for Services or minimum rates. Currently, any reservation that totals less than $10 will be cancelled. We reserve the right to, in our sole discretion, cancel any reservation and issue a full refund to the Pet Parent.
It is the Service Provider’s responsibility to confirm that the quote provided at the top of the message they receive (calculated based on their listed rates) is correct and provide custom quotes as needed. Once a Service Provider accepts a booking and a Pet Parent books Services from a Service Provider, the price for such Services cannot be changed.
In exchange for making the Services available through the Site, Sitting for a Cause charges a Service Fee of 10% to the Service Providers for each booking completed through the Site and this fee is deducted from the final release of funds upon the Service Provider’s completion of Services. As a Service Provider, you contractually agree to this service fee and that the first and all future bookings with a client from Sitting for a Cause will be booked via the Site. Failure to abide by this policy will result in immediate suspension from the Site. Sitting for a Cause reserves the right to change our Service Fee at any time for any reason.
As a Pet Parent, if you find a Service Provider and/or Service that you are interested in, you will be asked to register for an account on the Site and provide your payment information via PayPal (either using a credit card or PayPal information) in order to book Services through the site. The quote for services (or custom quote provided by the Service Provider) will be shown and agreed upon during correspondence via our messaging system prior to booking Services and it is the Pet Parent’s responsibility to note and agree to any quotes provided prior to booking Services. Once a Pet Parent books Services from a Service Provider, the price for such Services cannot be changed. It is the Pet Parent’s responsibility to confirm that the quote provided at the top of the message they receive is correct and watch for any changes in the list price of a Service Provider’s Services due to a custom quote provided by a Service Provider.
Because we use PayPal to ensure the security of our transactions, we are subject to their policies and are unable to book jobs with an end date more than 90 days in advance. This is to ensure both Sitting for a Cause and PayPal can provide refunds if necessary.
Upon completion of the stay or according to your agreement with the Service Provider in full compliance with the Policies and Terms and Conditions, we or our third party payment processors will release the money to the Service Provider, less the Service Fees and any other applicable withholdings or Service Charges. When you (whether a Pet Parent or Service Provider) purchase any Service or product through the Site, you authorize Sitting for a Cause or its third party payment processors to charge your credit card or PayPal account (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in US dollars, including all applicable taxes, and you agree that Sitting for a Cause can store your PayPal and/or credit card information. If Sitting for a Cause, a Service Provider Service Provider or a Third Party Service provider (if applicable) does not receive payment from your credit card or PayPal account, you agree to pay all amounts due upon demand and Sitting for a Cause may suspend your access to the Services.
Sitting for a Cause will release payment to Service Providers accordingly:
1. As soon as the Pet Parent leaves a positive review for the Service Provider, funds (minus Service Fees or other withholdings) will be released via PayPal OR
2. If the Pet Parent does not leave a review for the Service Provider within 48 hours, funds (minus Service Fees or other withholdings) will be released via PayPal.
All charges shall be listed in United States Dollars (USD). All Pet Parents agree to pay the amount posted by the Service Provider with whom you have chosen to perform a transaction. Upon confirmation of a booking, Sitting for a Cause will charge the Pet Parent the full amount of the Service in United States Dollars (USD) through PayPal. The Pet Parent can pay this fee using their PayPal account or via credit card.
Sitting for a Cause reserves the right to cancel any reservations for which the booking Pet Parent has not provided the required payment within 48 hours of the Service Provider accepting the reservation or by the start time of the reservation, whichever comes first, at which point Sitting for a Cause will notify the Service Provider.
Sitting for a Cause reserves the right to decline booking inquiries on a Service Provider’s behalf if it’s a last minute booking, if the Service Provider does not respond to the inquiry with 48 hours, or for any other reason. Sitting for a Cause will not be held liable or responsible for any loss of potential earnings or wages as a result our decision to decline a booking inquiry on a Service Provider’s behalf.
In case of reservations that are extended beyond the initially agreed end-date, the Pet Parent is expected to update their booking through Sitting for a Cause’s site. The nightly fee previously arranged between Service Provider and Pet Parent will be applicable until the Pet Parent’s pets are back in possession of Pet Parent. Sitting for a Cause will release the payment (less Service Fee) to the Service Provider within three business days after the end of the service via PayPal.
Each Service Provider hereby appoints Sitting for a Cause as the Service Provider’s limited agent solely for the purpose of collecting payments made by Pet Parents on behalf of the Service Provider. Each Service Provider agrees that payment made by a Pet Parent to Sitting for a Cause shall be considered the same as a payment made directly to the Service Provider. The Service Provider will make their Services available to Pet Parent in the agreed upon manner as if the Service Provider has received the applicable fees. Each Service Provider agrees that, Sitting for a Cause may:
1. Permit the Pet Parent to cancel the booking
2. Refund the Pet Parent that portion of the fees specified in Sitting for a Cause’s Cancellations by Pet Parents policy.
In accepting appointment as the limited authorized agent of the Service Provider, Sitting for a Cause assumes no liability for any acts or omissions of the Service Provider or Pet Parents.
All sales are final and Sitting for a Cause will not issue refunds, except for as provided in its cancellation, disputes, or rebooking policies. Sitting for a Cause is not responsible for any actions or the performance of the third party payment processors. We may suspend or terminate our refund policies without notice if we suspect abuse or interference with the proper working of such policies or plans.
All payments are run through PayPal, therefore PayPal handles all tax documentation. To find your 1099 tax statement on PayPal, check out their tutorial
. If you have questions about taxes contact a tax advisor for assistance.
Some Service Providers may pledge to donate a portion of the funds they receive from their bookings to animal-related causes as verified through a “Super Giver” badge on their Sitter Profile. Sitting for a Cause will pull the percentage they pledge to give back from the payment we release to them upon completion of services and give the portions they pledged directly to an approved Sitting for a Cause animal-related cause.
Sitting for a Cause will donate 50% of the profits we make from the service fees we charge to our Service Provider. Profits are defined as the money we make after expenses. Sitting for a Cause, in our sole discretion, reserves the right to modify the percentage of our profits we give back at any time for any reason. Sitting for a Cause, in our sole discretion, reserves the right to determine where donations from either our profits or our “Super Giver” Service Providers are directed.
Pet Parents who are referred to us by one of our Referral Organization Partner Network participants have the ability to designate their Sitting for a Cause donations go to that particular organization. Please click here
for more information.
Service Providers and Pet Parents are not eligible for any tax deductions for donations made by, for, or through Sitting for a Cause.
16. Booking Restrictions for Service Providers
To ensure the highest quality of Services that Service Providers provide and protect the Pets that Pet Parents entrust into Service Providers care, we limit the number of clients Service Providers can book on our Site per day/night. Sitting for a Cause makes no warranties that Service Providers will not book clients outside of our Site in addition to bookings made on the Site. Service Providers are solely responsible for ensuring the safety of all pets left in their care and Pet Parents are solely responsible for determining if leaving their pets with Service Providers who may watch multiple pets at once is in the best interest of their pets. Sitting for a Cause is not liable for any incidents including but not limited to injury, loss, or death resulting from Service Providers accepting multiple clients at once regardless of if our Site booking limitations are met or not.
Sitting for a Cause in its sole discretion reserves the right to suspend the account of any Service Provider who is found to be in violation of our booking restrictions.
Any Pet Parent who books Services with a Service Provider through the site has the right to leave a review/rating for said Service Provider based on their experience and the quality of the Services they received.
Sitting for a Cause, in its sole discretion, reserves the right to suspend or terminate a Service Provider’s access to the Site due to a negative review. These reviews could either be provided to Sitting for a Cause by Pet Parents who utilize the Site or by Pet Parents who have shared reviews on any other site or in any other way. These reviews are typically, but not required to be, associated with a Service Provider Service provided by a Service Provider.
Sitting for a Cause, in its sole discretion, also reserves the right to immediately suspend or terminate a Pet Parent’s access to any or all areas of the Site due to the writing of two or more negative reviews on the Site or leaves reviews that violate the Terms or are deemed by Sitting for a Cause, in it’s sole discretion, to be objectionable.
You acknowledge that Sitting for a Cause does not pre-screen content uploaded by users (including reviews), and that Sitting for a Cause and its designees are not obligated to (but will have the right to) refuse or remove any content that is available via the Site. Sitting for a Cause and its designees will have the right to remove any reviews or other content that violates these Terms or is deemed by Sitting for a Cause, in its sole discretion, to be objectionable.
With respect to reviews (and all other content or materials you upload to the site), you represent and warrant that you own all right, title and interest in and to such User Content. By uploading any User Content, you grant and will continue to grant Sitting for a Cause and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use in any way your User Content in connection with the operation of the Site or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
18. Cancellations by Service Providers
Service Providers are required to only confirm bookings they are committed to completing. Should a Service Provider cancel Services they’ve confirmed with a Pet Parent, they forfeit payment and any associated fees the Pet Parent has deposited for holding with Sitting for a Cause and the Pet Parent will receive a full refund for any and all deposits made for Services. Service Providers who cancel any booking will have their profile immediately suspended pending further review. Service Providers may have their profiles reinstated or their account may be terminated completely pending the results of that review.
Service Providers are required to immediately contact Pet Parents to inform them of a cancellation. Service Providers can offer Service Provider recommendations to Pet Parents to assist them in rescheduling Services with an available Service Provider.
Sitting for a Cause has sole discretion over refunds granted due to cancellations and users will not hold Sitting for a Cause liable for any payments, wages, fees, income, monetary losses, or monetary compensation lost as a result of a cancellation.
Each Service Provider agrees to be bound by this upon confirmation of booking.
19. Cancellations by Pet Parents
If a Pet Parent cancels a reservation request, Sitting for a Cause will return the funds to the Pet Parent in accordance with its cancellation policy. Sitting for a Cause is under no obligation to intervene in any dispute between Users regarding any cancellations and/or refunds outside the scope of Sitting for a Cause’s cancellation policy regardless of whether Sitting for a Cause collected any money on behalf of a Service Provider or Third Party Service provider.
Pet Parents will incur the following penalties should they cancel a reservation:
1. For reservations cancelled by Pet Parents more than 8 days of scheduled start date of Services, Pet Parents will receive a full refund of the total of any and all Services and fees held by Sitting for a Cause upon booking of Services.
2. For reservations cancelled by Pet Parents between 2 and 7 days of scheduled start date of Services, Pet Parents will receive a 50% refund of the total of any and all Services and fees held by Sitting for a Cause upon booking of Services.
3. For reservations cancelled within one day of scheduled start date of Services, Pet Parents will receive no refund of the total of any and all Services and fees held by Sitting for a Cause upon booking of Services.
Cancellations must be made by 11:59 pm Pacific Time in order to qualify for having occurred on a particular day.
While Sitting for a Cause is not obligated to intervene in any dispute between Users regarding any cancelations and/or refunds, Sitting for a Cause may issue additional refunds beyond the above cancellation timeline breakdown should there be a dispute, problem with finalizing services, or any other issues that arise prior to a bookings start date. Sitting for a Cause has sole discretion over refunds granted due to cancellations and users will not hold Sitting for a Cause liable for any payments, wages, fees, income, monetary losses, or monetary compensation lost as a result of a cancellation.
Each Pet Parent agrees to be bound by this upon confirmation of booking.
20. Changing of Service Dates by Pet Parents
In the event that a booking Pet Parent needs to change the dates of a reservation already booked through Sitting for a Cause and the Service Provider they had initially booked with is available to accommodate such change of dates, the Pet Parent will be subject to the cancellation policy listed in the Terms for any days cancelled that exceed the number of days rebooked. Should the change of Service dates exceed the dates previously scheduled, no cancellation fees will apply. You must contact Sitting for a Cause Please click here
after canceling your original reservation and rebooking with your sitter in order to receive the appropriate refund.
However, if the Service Provider is unavailable to accommodate the change of Service dates, the cancellation policy listed in the Terms will apply regardless of whether or not the Pet Parent rebooks with another Service Provider.
Each Pet Parent agrees to be bound by this upon confirmation of booking.
If a Pet Parent is unsatisfied with the Services they receive from a Service Provider, they have 48 hours from the end date of the Services rendered to file a dispute. Service Providers and Sitting for a Cause will be notified if a Pet Parent files a dispute. If a dispute is filed:
1. The Service Provider has 5 days to respond to both the Pet Parent and Sitting for a Cause to determine the appropriate resolution to the dispute. Should the Service Provider fail to respond within 5 days, the Pet Parent will receive a full refund and the Service Provider’s account will be suspended immediately.
2. The Service Provider may issue a partial or full refund to a Pet Parent if a dispute is filed against them.
3. If the Service Provider thinks the dispute is unfair, they can have it reviewed by Sitting for a Cause to determine whether or not a refund is required. Sitting for a Cause can, in its sole discretion, issue a full, partial, or no refund based on the information gathered during our internal review. All decisions are final.
Sitting for a Cause has no obligation to mediate disputes between Service Providers or Pet Parents. Service Providers and Pet Parents are responsible for coming to resolutions involving disputes. However, Sitting for a Cause may, in it’s sole discretion, issue a partial or full refund to a Pet Parent who files a dispute. Sitting for a Cause strongly encourages all Pet Parents and Service Providers to utilize our in-Site messaging system in order to document agreed upon Services, prices, and Service dates in order to assist us in the event that we need to step in and mediate a dispute.
Any Service Provider who receives a dispute from a Pet Parent will immediately have their account reviewed. If a Service Provider receives more than 3 disputes, their account will immediately be suspended.
Sitting for a Cause reserves the right to remove a Pet Parent’s pet from a Service Provider’s care should we, in our sole discretion, deem it necessary for the safety of our Service Provider, any persons in direct contact with the Service Provider, or any pet involved. In the event we must relocate the booking Pet Parent’s pet, Sitting for a Cause shall make reasonable efforts during our normal business hours to contact the Pet Parent and the Pet Parent’s Emergency Contact to arrange alternative care. Should Sitting for a Cause not be able to contact the Pet Parent or the Pet Parent’s Emergency Contact, Sitting for a Cause will use its best judgment to find adequate care until the Pet Parent is able to retrieve their Pets.
In the event of a Sitting for a Cause mandated rebooking due to a Pet Parent’s Pet that poses a safety issue to a Service Provider, any persons in direct contact with the Service Provider, or any other Pet involved, no refunds will be given and the Pet Parent will be responsible for covering the additional fees for both Sitting for a Cause and the newly booked Service Provider.
In the event of a Sitting for a Cause mandated rebooking due to a Service Provider caused safety issue for the Service Provider, any persons in direct contact with the Service Provider, or any other Pet involved, the Service Provider will forfeit their Service fees and the funds the Pet Parent provided to confirm the booking of said Service Provider will either be fully refunded to the Pet Parent or used to compensate the new Service Provider who completes the Services required by the Pet Parent.
23. Account Termination
Sitting for a Cause reserves the right to, with or without cause, with or without prior notice without liability to you and at any time terminate your access to our Site, suspend or delete your Sitting for a Cause Account or registration or similar uses of the Site and all related information and files, and prohibit your access to the Site or any of such files. Sitting for a Cause’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. Sitting for a Cause may provide notice of termination by email.
You may terminate your Sitting for a Cause Account at any time by contacting us here
. However, you and you alone are personally liable for any bookings, services or pending transactions that you place or charges that you incur prior to your termination/cancellation. If your Sitting for a Cause Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site
Upon terminating your account, we will pay you any compensation due to you for bookings you have completed minus any fees you owe Sitting for a Cause.
24. Fleas, Ticks, and Parasites
All Users, both Service Provider’s and Pet Parents, must have their pets up to date on a form of flea, tick, and parasite control. All Users acknowledge and agree that they are responsible for informing each other regarding any flea, tick, and parasite issues relating to their respective pets prior to services being rendered. Users further acknowledge and agree that under no circumstances shall Sitting for a Cause be responsible for, and the limited reimbursement shall not apply to, a pet’s contraction of fleas, ticks, or parasites during a stay, or any illness or injury as a result of the contraction of fleas, ticks, or parasites.
25. Medical Emergencies
Sitting for a Cause requires each Pet Parent to provide contact information for themselves as well as emergency contact information to a Service Provider in the event a medical emergency involving the Pet Parent’s Pet occurs. Each Pet Parent must also complete a Pet Care Release when creating their Pet Parent Profile that the Service Provider will be able to access in the event of an emergency. When a Pet Care Release is uploaded, the information and direction in the Pet Care Release is legally binding. If any such medical emergency arises which requires the pet to receive veterinary care, the Service Provider agrees that he/she will make reasonable efforts to contact Pet Parent prior to any veterinary care being provided, and seek Pet Parent’s approval for any necessary treatment. In the event that Pet Parent cannot be reached following reasonable efforts, the Pet Parent hereby authorizes Service Provider to authorize care on Pet Parent’s behalf as specified in the Pet Parent’s Pet Care Release in order to promptly treat the Pet Parent’s pet/s. If no Pet Care Release has been filled out, Sitting for a Cause will determine the best course of action for treatment of the pet in need of medical assistance. Pet Parent shall be solely responsible for the costs of any treatment provided, and Pet Parent authorizes Sitting for a Cause to invoice them for such costs and agrees to pay the costs associated with treatment. In certain circumstances, Pet Parent may be eligible for reimbursement of such costs.
Sitting for a Cause, its, directors, officers, employees, contractors, agents, affiliates, and Third Party Providers will not be held liable for any emergencies that occur to a Pet, Pet Parent, or Service Provider at any time.
26. Information on the Site
Sitting for a Cause attempts to maintain the integrity and accuracy of the information on the Site but makes no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge or consent. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us here
27. Mobile Services
If you access the Site through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. Downloading, installing or using certain services associated with the Site on your mobile device may be prohibited or restricted by your carrier. The Site may not work with all carriers or devices. By using the Site on your mobile device or otherwise registering with the Site, you agree that we may communicate with you regarding Sitting for a Cause and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Site on your mobile device may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to update your Sitting for a Cause account information within 3 days to ensure that your messages are not sent to the person that acquires your old number.
28. Third Party Content and Services
Sitting for a Cause may contain links or references to websites controlled by parties other than Sitting for a Cause and in using the Site, you may be exposed to content and information from other users or third parties (“Third-Party Content”), at our Site or through links to third-party websites. Sitting for a Cause is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Sitting for a Cause is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by Sitting for a Cause of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Sitting for a Cause.
You may have the option of purchasing products or services from third parties, which we may facilitate either through Site or through links to third-party websites (“Third-Party Services”). We do not control, and shall have absolutely no responsibility for, Third-Party Content or Third-Party Services. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third- Party Content, and use of Third-Party Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
If you follow a link or otherwise navigate away from the Site, these Terms will no longer apply. Be sure to review the terms and policies, including privacy and data gathering practices, of any provider of Third- Party Content or Third-Party Services. These Terms only apply to services that are obtained through interactions on the Site.
29. Intellectual Property Rights
All materials provided on the Site with the exception of Third-Party Content are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, rights, names, logos, titles, interests, all intellectual property rights and service marks are Sitting for a Cause, its affiliates, respective third party authors, developers or vendors ("Third Party Providers"). Except for the rights expressly granted in these Terms, no other rights are granted to you regardless of whether they are expressed or implied. Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means whatsoever without the prior explicit written permission of Sitting for a Cause and/or a Third Party Provider. Under no circumstances may you mirror, archive, sell, rent, license, copy, transmit, modify, reproduce, distribute, publicly display, publish, publicly perform, edit, adapt or create derivative works from the Site or the materials on the Site. You may not display any portion of our Site in a frame or any content from our Site through in-line links without our explicit written consent. However, you may establish ordinary links to our Site without our written permission and you may use embedded HTML widgets if we have provided the HTML code. We reserve the right to terminate your ability to link to our Site or use our HTML widgets at any time for any reason or no reason at all.
“Sitting for a Cause” is a trademark of Whole Sum, LLC and is protected by federal and state law. You agree not to use the Sitting for a Cause mark for any purpose at any time.
Any content or materials, including but not limited to comments, suggestions, feedback, identifying potential errors, or suggesting improvements, provided by you in any written or verbal form to Sitting for a Cause (collectively “Feedback”) (excluding material that you post on or transmit through the Site in accordance with these Terms), are non-confidential. You grant Sitting for a Cause, its subsidiaries, and its affiliates a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
31. Copyright Infringement
We respect the intellectual property rights of others and require all Site Users do the same. We will immediately suspend or terminate the accounts of Users who infringe the copyright rights of anyone. Owners of copyrights or their agents that believe anything posted on this Site infringes upon said copyrights will submit a notice including the following information to Sitting for a Cause:
1. A description of the copyrighted work that you claim has been infringed, including the specific location on the Site where the material you claim is infringed is located
2. A description of the location where the original or an authorized copy of the copyrighted work exists
3. Your contact information including your telephone number, address, and e-mail address
4. A statement by you that you believe that the disputed use is not authorized
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf
6. Either an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Please submit your notice here
or via registered, United States mail:
Whole Sum, LLC
P.O. Box 672
Newport Beach, CA 92661
32. Modifying of Services
We may at any time, with or without prior notice, in our discretion and without liability to you modify or discontinue any and/or all portions of our Site.
33. No Agency
No agency, independent contractor, partnership, employer-employee, joint venture, or franchiser-franchisee relationship is intended or created by these Terms. Except as expressly set forth herein, Sitting for a Cause is not acting as an agent for any Service Provider, Pet Parent or any User or visitor of the Site.
34. Limitation of Liability
WHETHER YOU ARE A PET PARENT OR A SERVICE PROVIDER, YOU AGREE NOT TO HOLD SITTING FOR A CAUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR THIRD PARTY PROVIDERS LIABLE FOR ANY SUITS, CLAIMS, DAMAGE, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR SITE, INCLUDING BUT NOT LIMITED TO ANY LIABILITIES ARISING IN CONNECTION WITH:
A. DISPUTES WITH ANY USER OF THE SITE
B. INSTRUCTIONS, ADVICE, SERVICE OR ACT PROVIDED BY SITTING FOR A CAUSE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS
C. THE USE OR INABILITY TO USE THE SITE
D. SERVICE PROVIDERS FAILURE TO PROVIDE SERVICES
E. SERVICE PROVIDERS PROVISION OF POOR OR INCOMPLETE SERVICES
F. STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDER, PET PARENT, USER, PROVIDER OF THIRD PARTY SERVICES, OR OTHER THIRD PARTIES ON THE SITE
G. DISCLOSURE OF, UNAUTHORIZED ACCESS TO, DESTRUCTION OF, OR ALTERATION OF YOUR CONTENT OR INFORMATION
H. INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY EITHER RELATED OR UNRELATED TO YOU INCLUDING BUT NOT LIMITED TO MINORS
I. INJURIES OR HARM SUFFERED BY ANY PETS
J. DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY
K. OTHER CONDUCT, OMISSION OR ACT OF ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION STALKING, ANY FORM OF HARASSMENT, OR ACTS OF PHYSICAL VIOLENCE
L. YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE ONLINE OR OFFLINE
YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY YOU SEEK FOR ACTIONS, OMISSIONS, SERVICES, COMMUNICATIONS, ACTS, OR BEHAVIORS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR THIRD PARTY (INCLUDING A PROVIDER OF THIRD-PARTY SERVICES) WHO CAUSED YOU, YOUR PET, OR ANY THIRD PARTY, HARM. UNDER NO CIRCUMSTANCES WILL SITTING FOR A CAUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AGENTS, AFFILIATES, OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE SERVICES YOU BOOK ON THIS SITE. THE LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN TORT, CONTRACT OR ANY CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SITTING FOR A CAUSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THIS SITE, YOU ACKNOWLEDGE THIS PARAGRAPH APPLIES TO ALL CONTENT, SERVICES AND GOODS AVAILABLE THROUGH THE SITE EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SITTING FOR A CAUSE ITS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR THIRD PARTY PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00), EXCLUDING ANY OBLIGATIONS TO PAY AMOUNTS TO SERVICE PROVIDERS OR REFUNDS TO PET PARENTS PURSUANT TO THESE TERMS.
If you are a California resident, you, on behalf of yourself and/or your child/children/ward and your/their representatives, assigns, heirs, and successors waive California Civil Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” This release is valid and effective whether loss, damage or death is a result of ANY ACT OR OMMISSION on the part of Sitting for a Cause, its officers, directors, employees, contractors, agents, affiliates, or any third party providers or from any other cause. This waiver and release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of any Services or the Site. By using the Site, you understand that YOU VOLUNTARILY WAIVE YOUR RIGHT TO SUE THE ABOVE MENTIONED PARTIES.
SITTING FOR A CAUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
You agree the limitations in this section will apply even if limited remedy specified in these Terms is found to have failed of its essential purpose. You also agree that Sitting for a Cause has set its prices and entered into these Terms in reliance on the limitations of liability specified herein, which allocate the risk between you and Sitting for a Cause and form a basis of the bargain between the parties.
THE SITE, CONTENT, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, SITTING FOR A CAUSE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, GUARANTIES, WARRANTIES, AND CONDITIONS WITH REGARD TO THE SITE, THE CONTENT, THE SERVICE PROVIDERS, THE SERVICES, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED GUARANTIES, WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SITTING FOR A CAUSE AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY, TIMELINESS, RELIABILITY, SUITABILITY, QUALITY, ACCURACY, TRUTH OR COMPLETENESS OF THE SITE OR CONTENT ASSOCIATED WITH THE SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE AND/OR THE CONTENT ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SITTING FOR A CAUSE AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT:
A. THE OPERATION OR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE
B. THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL YOU SECURE, PURCHASE OR OTHERWISE OBTAIN THROUGH THE SITE WILL MEET YOURS OR ANYONE ELSE”S REQUIREMENTS OR EXPECTATIONS
C. ANY SOFTWARE OFFERED VIA THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
D. ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE SITE WILL BE ACCURATE OR RELIABLE
E. ERRORS IN SOFTWARE OR DATA WILL BE CORRECTED
YOU ACKNOWLEDGE THAT NEITHER SITTING FOR A CAUSE NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE AND/OR CONTENT ASSOCIATED THEREWITH MAY BE SUBJECT TO DELAYS, LIMITATIONS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. SITTING FOR A CAUSE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SITTING FOR A CAUSE DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE SITE. YOU USE SERVICE PROVIDERS, SERVICES, OR TAKE ON PET PARENTS AND THEIR PETS AS YOUR CLIENTS AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID SERVICES. LICENSING AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL THE SERVICES OFFERED BY SERVICE PROVIDERS WIDELY VARY BY LOCATION. SITTING FOR A CAUSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE SERVICE PROVIDERS OFFERING SERVICES THROUGH THE SITE HAVE COMPLIED WITH ANY APPLICABLE STATE, COUNTY OR MUNICIPAL LAW, STATUTE, ORDINANCE OR REGULATIONS. NOTWITHSTANDING SITTING FOR A CAUSE’S APPOINTMENT AS THE LIMITED AGENT OF THE SERVICE PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM PET PARENTS ON BEHALF OF THE SERVICE PROVIDERS, SITTING FOR A CAUSE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY OMISSION OR ACT OF ANY SERVICE PROVIDER, PET PARENTS, PET, OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT SITTING FOR A CAUSE DOES NOT CHECK ANY SERVICE PROVIDER, PET PARENT, OR OTHER USER’S BACKGROUND OR RECORDS. SITTING FOR A CAUSE ALLOWS SERVICE PROVIDERS TO VALIDATE THEIR BACKGROUNDS THROUGH THE USE OF A THIRD-PARTY SERVICE AND ALLOWS PET PARENTS TO LEAVE REVIEWS FOR SERVICE PROVIDERS WHOSE SERVICES THEY HAVE USED. YOU SHOULD TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY SERVICES REGARDING SERVICE PROVIDERS. THE USE OF BADGES AND OTHER PROFILE ATTRIBUTES—INCLUDING THOSE THAT REFERENCE THIRD PARTY ORGANIZATIONS— ARE MEANT TO FACILITATE THE EXCHANGE OF INFORMATION AND DO NOT REPRESENT A WARRANTY OR ENDORSEMENT OF ANY KIND FROM SITTING FOR A CAUSE, ANYONE ASSOCIATED WITH SITTING FOR A CAUSE, OR ANY THIRD PARTY. IT IS YOUR RESPONSIBILITY TO USE COMMON SENSE, BE AWARE, AND BE SAFE. ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SITTING FOR A CAUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IF YOU TRANSMIT OR ACCESS ANY CONTENT OR INFORMATION THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH TRANSMISSION OR ACCESS.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM SITTING FOR A CAUSE OR ITS THIRD PARTY PROVIDERS OR THROUGH OR FROM THE SERVICES INCLUDING ANY STATEMENT ON OUR WEBSITE OR IN ANY MARKETING MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
You shall indemnify, defend and hold harmless Sitting for a Cause, its, directors, officers, employees, contractors, agents, affiliates, and Third Party Providers (collectively, the "Indemnified Parties") against any and all claims, damages, costs, liabilities, losses and expenses (including attorneys' costs and fees) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site or Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. Sitting for a Cause and its affiliates, directors, officers, employees, contractors, agents, and Third Party You shall indemnify and hold us (and each of our affiliates, officers, directors, shareholders, contractors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to:
A. Use of the Site and/or the Information and/or Content and/or Services associated with the Site other than in accordance with these Terms
B. The combination of the Site and/or Content and/or Information associated with the Site with any other products, services, or materials
C. Any third party services, materials, or products
D. Any content you submit to us
E. Facts or circumstances that, if true, could constitute your breach of any of these Terms and/or any applicable laws
F. The acts of your pets.
We will control any such defense and related settlement and you will reasonably assist us therewith at your expense. Without limiting the foregoing provisions, you agree to indemnify, hold harmless and defend Sitting for a Cause from any and all claims that a Service Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Service Provider was misclassified as an employee, any claim that Sitting for a Cause was an employer or joint employer of a Service Provider, as well as claims under any employment-related laws as well as any claims for employee benefits.
37. Violation of Terms/Liquidated Damages
You agree that as a community based on reputation and trust between users, damages would be difficult to quantify for certain misuses of the Site and Services. If it becomes necessary for Sitting for a Cause to pursue arbitration to enforce these Terms, you will be liable to pay Sitting for a Cause the following amounts as liquidated damages, which you accept as reasonable estimates of Sitting for a Cause’s damages for the specified breaches of these Terms:
1. If you post content that violates these Terms, or any content you post after Sitting for a Cause has limited or terminated your use of the Services, you agree to pay Sitting for a Cause $1000 for each such violation.
2. If you use the Site to send unsolicited email advertisements, you agree to pay Sitting for a Cause $1000 for each such email.
3. If you (a) extract profile information, any contact information, or other listings from the Site, or any of the Site’s content, or (b) reproduce or otherwise misappropriate the Site’s content, by reproducing user profiles or listings on a competitive or a mirrored site, you agree to pay Sitting for a Cause $10,000 per instance per day for any such occurrence. NOTE: This provision does not apply to: (1) use of the Site by users for their own personal (non-commercial) purposes, (2) crawling of the site by search engines who do so in accordance with robots.txt or other similar restrictions, (3) access to the content of the Site or profile information through a Sitting for a Cause authorized API or HTML widget.
Otherwise, you agree to pay Sitting for a Cause’s actual damages, to the extent such actual damages can be realistically calculated.
38. Legal Disputes and Waiver of Trial by Jury
You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Sites, Services, applications, tools, products or services sold or purchased through the Site, Services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section (the “Agreement to Arbitrate”).
You agree that the these Terms will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions, and any claim, controversy or dispute that has arisen or may arise between you and Sitting for a Cause. You and Sitting for a Cause agree to submit to the jurisdiction of a state court or a United States District Court located in Orange County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below and shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California.
You agree that all disputes or claims that have arisen or may arise between you and Sitting for a Cause relating in any way to or arising out of this or previous versions of the Terms, your use of or access to Services, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. The interpretation and enforcement of this Agreement to Arbitrate is governed by the Federal Arbitration Act. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND SITTING FOR A CAUSE ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You agree that you and Sitting for a Cause are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. YOU AND SITTING FOR A CAUSE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS SITTING FOR A CAUSE OTHERWISE AGREES IN WRITING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITTING FOR A CAUSE USERS.
The following Arbitration Procedures will apply:
1. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the applicability, interpretation, formation or enforceability of this Agreement to Arbitrate, or of the Terms.
2. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its procedures and rules.
3. The arbitration will be held in Orange County, California. If the value of the relief sought is $10,000 or less, Sitting for a Cause may elect to have the arbitration conducted by telephone or based on written submissions, which election shall be binding on you and Sitting for a Cause, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Sitting for a Cause, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California. The arbitrator will not be bound by rulings in prior arbitrations involving different Sitting for a Cause Users but is bound by rulings in prior arbitrations involving the same Sitting for a Cause User to the extent required by applicable law. The arbitrator’s award shall be binding and final. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules unless otherwise noted in this Agreement to Arbitrate.
If an arbitrator or court decides that any part of this Agreement to Arbitrate is unenforceable or invalid, the other parts of this Agreement to Arbitrate still apply. The remainder of the Agreement and its Legal Disputes Section continue to apply.
Unless we agree otherwise, if the Agreement to Arbitrate is found to not apply to you or to a particular dispute or claim, you agree that any dispute or claim that has arisen or may arise between you and Sitting for a Cause must be resolved exclusively by a state or federal court located in Orange County, California. You and Sitting for a Cause agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all disputes or claims.
If Sitting for a Cause changes this "Legal Disputes and Waiver of Trial by Jury" section after the date you first accepted these Terms (or accepted any succeeding changes to these Terms), you may refuse any such change by sending us written notice (including by email here
) within 30 days of the date such change became effective, as indicated in the "Last Updated" date. By refusing any change, you agree that you will arbitrate any Dispute between you and Sitting for a Cause in accordance with the provisions of this "Legal Disputes and Waiver of Trial by Jury" section as of the date you first accepted these Terms (or accepted any succeeding changes to these Terms).
To the extent you have signed a written, wet signature commercial agreement with Sitting for a Cause, the dispute resolution procedures in such agreement shall supersede the Dispute Resolution procedures herein, if applicable. Additionally, nothing in this Agreement prohibits Sitting for a Cause from seeking injunctive relief in state or federal court to the extent necessary to enforce or protect its intellectual property rights.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or invalid, then that/those provision(s) shall be interpreted to reflect the intentions of the unenforceable or invalid provision(s), with all other provisions remaining in full force and effect.
40. General Legal Notices/Miscellaneous
You may not assign these Terms. Any assignment in violation of this section shall be void. Sitting for a Cause reserves the right to use Third Party Providers in the provision of the Site and/or the Content and/or the Information associated therewith. In the event of any litigation of any dispute or controversy in connection with these Terms, its performance, its interpretation, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court or arbitral forum costs, and reasonable costs for expert and/or other witnesses attributable to the prosecution or defense of that dispute or controversy. Any and all rights not expressly granted herein are reserved by Sitting for a Cause.
Sitting for a Cause’s failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be unlawful, unenforceable, or invalid will be severed from these Terms, and the remaining provisions of these Terms will continue in full effect.
The section headings and titles in these Terms are for convenience only and have no legal effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Site or any termination of these Terms will continue in full force and effect after any termination.
These Terms, including all Policies, constitute the entire agreement between you and Sitting for a Cause concerning the Site. These Terms supersede all prior agreements or communications between you and Sitting for a Cause regarding the subject matter of these Terms to the extent the prior agreements or communications conflict. Each of Sitting for a Cause’s third party providers will be third party beneficiaries of these Terms.
41. Questions and Contact Information
Please contact us here
with questions regarding these Terms.
Your use and continued use of this Site and registration to use our Site is dependent on your agreement to be bound by the foregoing Terms.