Introduction 

Sport Sitters, LLC operates the website located at www.sportsitters.pro. Sport Sitters serves as a third-party booking platform, facilitating the scheduling of various services, which may include childcare services, through its application. It is important to note that Sport Sitters does not function as a childcare service provider. Instead, it acts solely as a conduit for scheduling services. Consequently, Sport Sitters bears no responsibility or liability for any childcare services or other services provided through its platform. In compliance with the Children's Online Privacy Protection Act (COPPA), Sport Sitters requires parental consent for the collection of personal information from children under the age of 13. 

Definitions 

For the purposes of these Terms and Conditions, the following terms shall have the meanings ascribed to them below: 

1. “Sitter”: Refers to a student-athlete who provides sitting services through Sport Sitters, LLC platform. 

2. “Family”: Refers to any user who engages with a Sitter through the Sport Sitters, LLC platform for the purpose of obtaining sitting services. 

Acceptance of Terms 

By accessing or using the services provided by Sport Sitters, LLC ("the Service Provider"), you ("the User") agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not access or use the services. These Terms and Conditions govern your use of the Service Provider's platform, including any content, functionality, and services offered on or through the platform. 

Description of Service 

The Service Provider offers a platform that facilitates the connection between Families and Sitters for the purpose of arranging sitting services. This platform allows Families to browse, book, and schedule sitting services with Sitters, who are student-athletes. Families are expected to book a minimum of 48 hours before a scheduled job to be paired with a Sitter. If no Sitters are available, the job will be cancelled or not accepted. The Service Provider is responsible for processing all bookings, including scheduling and payments, through its application. The Service Provider does not directly provide sitting services but acts as an intermediary that enables these connections. 

User Accounts 

To ensure the integrity and security of the services provided, all users of the Platform, including Families and Sitters, are required to maintain the confidentiality of their account information. The sharing of account login details, including but not limited to usernames and passwords, with any third party is strictly prohibited. Furthermore, the exchange of personal contact information between Families and Sitters for the purpose of circumventing the Platform's communication channels is also strictly forbidden. 

Violation of these terms may result in immediate suspension or termination of the user's account, at the sole discretion of the Service Provider. The Service Provider reserves the right to take any necessary legal action to protect its interests. Users are encouraged to report any suspected violations of these terms to the Service Provider for investigation. In addition, all users are required to keep their notification settings turned on at all times in order to facilitate timely communication with Families and Sitters. 

User Responsibilities 

As a user of the Platform, you (the "Family") agree to uphold the following responsibilities: 

· Provide accurate, current, and complete information about yourself and your needs when utilizing the Platform, and promptly update such information to maintain its accuracy. 

· Adhere to the terms and conditions of the Platform, as well as all applicable local, state, national, and international laws and regulations, including COPPA. If you are a parent or guardian of a child under 13, you agree to provide consent for the collection and use of your child's information in accordance with COPPA regulations. 

· Ensure that all communications with Sitters and other users of the Platform occur exclusively within the Platform's designated communication systems to protect the privacy and security of all parties. 

· Maintain the confidentiality of your login information, including your password, and promptly notify the Service Provider in the event of any unauthorized use of your account or breach of security. 

As a user of the Platform, you (the “Sitter”) agree to uphold the following responsibilities: 

· Conduct all communications with Families and other users within the Platform’s designated communication systems to maintain the privacy and security of all parties involved. 

· Provide accurate, current, and complete information regarding your availability, qualifications, and services offered when utilizing the Platform, and promptly update such information to maintain its accuracy. 

· Adhere to the terms and conditions of the Platform, as well as all applicable local, state, national, and international laws and regulations.

· Maintain the confidentiality of your login information, including your password, and promptly notify the Service Provider in the event of any unauthorized use of your account or breach of security. 

· Ensure that you are appropriately qualified and capable of performing the services you offer on the Platform, including having the necessary skills and training to provide safe and competent care. 

· Arrive punctually for scheduled services and perform the agreed-upon services in a professional manner, upholding the standards of care and diligence expected of a student athlete. 

· Respect the privacy and confidentiality of the Families you engage with, ensuring that no personal information is disclosed without proper consent. 

· Provide your own transportation to and from the service location, unless otherwise agreed upon with the Family.

· Immediately report any issues or concerns that arise during the provision of services to the Service Provider for investigation and resolution. 

Both Family and Sitters agree to uphold the following responsibilities: 

· Comply with all terms and conditions set forth by the Service Provider in relation to the use of the Platform, including any updates or modifications to these terms. 

· Provide accurate, current, and complete information about yourself and your needs when utilizing the Platform, and promptly update such information to maintain its accuracy. 

· Adhere to the terms and conditions of the Platform, as well as all applicable local, state, national, and international laws and regulations. 

· Ensure that all communications with Sitters and other users of the Platform occur exclusively within the Platform's designated communication systems to protect the privacy and security of all parties. 

· Families are strictly prohibited from requesting a Sitter to leave the booking location or drive children for any reason other than emergency. Adherence to this policy is crucial for ensuring safety and violation releases Sport Sitters from all liability.

· Maintain the confidentiality of your login information, including your password, and promptly notify the Service Provider in the event of any unauthorized use of your account or breach of security. 

Failure to comply with these responsibilities may result in the suspension or termination of your access to the Platform, at the sole discretion of the Service Provider. The Service Provider reserves the right to take appropriate action to ensure the safety and satisfaction of all users of the Platform. 

Sitter and Parent Interaction Within App 

All communication between Families and Sitters must exclusively occur within the Platform provided by Service Provider. This requirement is designed to ensure the safety, security, and privacy of both parties. It also facilitates the documentation and oversight of interactions, which is crucial for resolving any disputes or concerns that may arise.

Should any Family or Sitter choose to communicate outside the Platform provided by Service Provider, they do so at their own risk. Service Provider will not be held responsible for any issues, disputes, or damages that arise from such external communications. Furthermore, Service Provider reserves the right to suspend or terminate the accounts of any Family or Sitter found to be in violation of this policy. 

Sitter Disclosures 

Sitters on the platform acknowledge that if they are contacted by any individual or family through Instagram, email, any other social media platform or elsewhere regarding babysitting services, it is understood that they discovered your services through Sport Sitters. As such, all babysitting jobs resulting from inquiries by individuals or families not previously disclosed to Sport Sitters as clients to whom the Sitter is already providing services must be coordinated and managed exclusively through Sport Sitters. 

Failure to adhere to this policy may result in the termination of the Sitter and could hold the Sitter responsible for any monetary losses or damages incurred by Sport Sitters as a result of bypassing this process. This includes, but is not limited to, lost revenue, marketing expenses, and any legal fees associated with enforcing this agreement.

Target Audience 

The services provided by Sport Sitters, LLC ("Service Provider") through its Platform are specifically designed for two primary user groups: Families and student athletes ("Sitters"). Families are defined as users seeking sitting services for their children, while Sitters are defined as student athletes who offer sitting services through the Platform. The Platform aims to facilitate a safe, efficient, and reliable connection between Families and Sitters, ensuring that the needs of both groups are met with the highest standards of service and care. 

Closed Network 

Sport Sitters, LLC operates as a closed network and reserves the right to reject any applicant or remove any individual from the network at its sole discretion and for any reason deemed necessary at any time. 

Fees and Payments 

This Fees and Payments clause outlines the financial terms and conditions agreed upon by the parties in relation to the services provided through the Platform. By engaging with the Platform, both the Family and the Sitter agree to these terms. 

Payments and Fees: Payments for services rendered will be made through the app and processed by third-party services, Stripe and Venmo. A payment processing fee of 2.9% plus $0.30 will be applied to all transactions processed through Stripe or Venmo. Upon completion of a job, payments will be distributed as follows: a portion will be given to the Sitter who completed the job, a portion will be allocated to their team fund, and a fee will be paid to Sport Sitters. By using the Platform, you agree to this payment structure. 

Payment Method: Payments must be made through the Platform using the payment methods accepted by the Service Provider, which include Stripe and Venmo. All payments are due at the time of booking unless otherwise specified. 

Hourly Rates: The hourly rate for services provided by a Sitter will be as listed on the Platform at the time of booking, exclusive of applicable taxes. These rates may vary depending on the specific requirements of the Family and the qualifications of the Sitter. 

Team Fund Fee: In addition to the hourly rate, a Team Fund Fee will be charged for each booking. This fee supports the Sitter's team or athletic department. The exact amount of the Team Fund Fee will be disclosed at the time of booking. 

Sport Sitters Fee: A service fee, known as the Sport Sitters Booking Fee, will also be applied to each booking. This fee is for the use of the Platform and will be a percentage of the total booking cost, as specified on the Platform at the time of booking.

Refund and Cancellation Policy: There is no fee if a job is cancelled more than 48 hours before the job or if the job is not yet accepted by a Sitter. If a job is cancelled 5 to 48 hours from the start time, there is a $25 cancellation fee. If a job is cancelled less than 5 hours of the start time, there is a $45 cancellation fee. 

By using the Platform, both Families and Sitters agree to adhere to these Fees and Payments terms, as well as any future amendments made by the Service Provider. 

Intellectual Property Rights 

All content available on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of the Service Provider or its content suppliers and protected by United States and international copyright and trademark laws. The use of any such content, whether in whole or in part, without the express written permission of the Service Provider is strictly prohibited. 

Users of the Platform, including Families and Sitters, are granted a limited, non-exclusive, non transferable license to access and make personal use of the Platform and its content. Users grant the Service Provider a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any user-generated content provided through the Platform. This license does not include any rights to: (a) modify, download (other than page caching), reproduce, or copy, or any portion thereof; (b) use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Platform; (c) use any meta tags or any other "hidden text" utilizing the Platform's name or trademarks without the express written consent of the Service Provider; (d) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform without express written consent; or (e) use the Platform's logo or other proprietary graphic or trademark as part of a link without express written permission. 

Any unauthorized use terminates the permission or license granted by the Service Provider. Violations of the Platform's intellectual property rights may result in legal action. 

Prohibited Activities 

In using the Platform, both Sitters and Families agree not to engage in the following prohibited activities: 

• Copying, distributing, or disclosing any part of the Platform in any medium, including without limitation by any automated or non-automated "scraping". 
• Using any automated system, including without limitation, "robots," "spiders," "offline readers," etc., to access the Platform in a manner that sends more request messages to the Platform servers than a human can reasonably produce in the same period of time by using a conventional online web browser. 
• Transmitting spam, chain letters, or other unsolicited email. 
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform. 
• Uploading invalid data, viruses, worms, or other software agents through the Platform.
• Collecting or harvesting any personally identifiable information, including account names, from the Platform. 
• Using the Platform for any commercial solicitation purposes. 
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity. 
• Interfering with the proper working of the Platform. 
• Accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform. 
• Posting false information, including but not limited to false information about services, reviews, or the posting of information that infringes on the rights of others, violates the law, or misrepresents the age of a user. 
• Using the Platform in any manner that violates local, state, national, or international laws or regulations.

Liability Disclaimer 

The Service Provider does not assume liability for any actions, behavior, or conduct of any User, Sitter, or Family, nor does it assume liability for any information provided by Users, Sitters, or Families on the Platform. The Service Provider makes no representations or warranties regarding the accuracy, completeness, or reliability of any information provided by Users, Sitters, or Families on the Platform. Users, Sitters, and Families agree to hold the Service Provider harmless from any claims, damages, losses, liabilities, costs, and expenses (including, but not limited to, attorneys' fees) arising out of or in connection with their use of the Platform, their conduct, the conduct of any other User, Sitter, or Family, or any information they provide to the Platform. 

Furthermore, the Service Provider does not guarantee the quality, safety, or legality of the services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Users, Sitters, and Families, or the ability of Sitters to deliver services or of Families to pay for services. Users, Sitters, and Families participate in the service at their own risk and are advised to exercise caution and common sense when engaging with other Users on the Platform. 

In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. 

Indemnification 

The User ("Indemnifying Party") agrees to indemnify, defend, and hold harmless the Service Provider, its affiliates, officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to the User's violation of these Terms and Conditions or use of the Platform, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Platform. 

This indemnification includes any claims or liabilities arising from the actions of the Sitter as engaged by the Family through the Platform, including but not limited to personal injury, property damage, and any violation of any laws, regulations, or rights of a third party during the provision of services. 

Termination of Service 

This Termination of Service clause outlines the conditions under which the Service Provider may terminate or suspend a User's account on the Platform. The Service Provider reserves the right to terminate or suspend a User's account at any time, with or without notice, for any reason, including but not limited to: 

Violation of any terms of the agreement between the User and the Service Provider, including any breach of the Terms and Conditions. 
Engagement in any illegal or fraudulent activities. 
Failure to pay any fees owed to the Service Provider or any Sitter as per the agreed upon terms. Any behavior that is deemed harmful or offensive to other Users, Sitters, or the Service Provider.

Upon termination or suspension of a User's account, the User will no longer have access to the Platform and any related services. The Service Provider is not obligated to disclose the reason for termination or suspension to the User. However, the Service Provider may, at its discretion, provide a reason for such action. 

All decisions made by the Service Provider regarding termination or suspension of a User's account are final and not subject to appeal. Users whose accounts have been terminated or suspended may not register for a new account without express permission from the Service Provider. 

It is the responsibility of the User to ensure that their conduct on the Platform complies with all applicable laws and regulations, including the Children's Online Privacy Protection Act (COPPA), in addition to the Terms and Conditions set forth by the Service Provider. Failure to adhere to these guidelines may result in termination or suspension of the User's account. 

Changes to Terms and Conditions 

The Service Provider reserves the right to update or modify these Terms and Conditions at any time without prior notice. Any changes or modifications will be effective immediately upon posting the updated Terms and Conditions on the Platform. It is the responsibility of the User to review these Terms and Conditions periodically for any changes. Your continued use of the Platform after any such changes or modifications are made will constitute your acceptance of the new Terms and Conditions. 

By continuing to use the Platform after any updates or modifications to the Terms and Conditions, you agree to be bound by such changes. If you do not agree to the updated Terms and Conditions, you must stop using the Platform immediately. Your continued use of the Platform after the date such changes become effective signifies your agreement to be bound by the updated Terms and Conditions. 

Governing Law 

These Terms and Conditions and any disputes arising out of or related to the services provided by Sport Sitters, LLC, including but not limited to the use of the Sport Sitters platform, shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. This governing law provision applies to all matters arising from or related to this agreement, including both contractual and non-contractual disputes or claims, irrespective of the nature of the dispute or claim and notwithstanding any arbitration provision that may require arbitration of certain disputes. The parties agree that the state and federal courts located in Phoenix, Arizona, shall have exclusive jurisdiction over any disputes that are not subject to arbitration under these Terms and Conditions and hereby submit to the personal jurisdiction and venue of these courts. 

Dispute Resolution 

Any disputes, claims, or controversies arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Arizona, USA. The arbitration shall be governed by the laws of the State of Arizona. The parties agree that any arbitration shall be limited to the dispute between the parties individually, to the fullest extent permitted by law. 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Phoenix, Arizona, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. 

Entire Agreement 

These Terms and Conditions constitute the entire agreement between Sport Sitters, LLC and the User relating to the subject matter hereof and supersede all prior or contemporaneous oral or written agreements, understandings, and representations. No amendment, alteration, or modification of these Terms and Conditions shall be effective unless in writing and signed by the party against whom enforcement of any waiver, change, modification, consent, or discharge is sought. 

Amendment 

Sport Sitters, LLC reserves the right, at its sole discretion, to amend, modify, add, or remove portions of these Terms and Conditions at any time by posting the amended terms on the Platform. It is the User's responsibility to check these Terms and Conditions periodically for changes. The User's continued use of the Platform following the posting of changes will mean that the User accepts and agrees to the changes. As long as the User complies with these Terms and Conditions, Sport Sitters, LLC grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. 

Severability 

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while maintaining its intent or, if modification is not possible, shall be severed from these Terms and Conditions, and the remaining provisions of these Terms and Conditions shall remain in full force and effect. 

Waiver 

No waiver by Sport Sitters, LLC of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sport Sitters, LLC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. 

Force Majeure 

Sport Sitters, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Sport Sitters, LLC reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. 

Contact Information 

For any questions, concerns, or communications related to the services provided by Sport Sitters, LLC, Users and Sitters may contact the Service Provider through the following means: 

Email: support@sportsitters.pro
Phone: 480-885-4241
Postal Mail: Sport Sitters, LLC, 12621 N. Tatum Blvd #1818, Phoenix, AZ 85032

This contact information is provided for the convenience of our Users and Sitters. The Service Provider is committed to addressing any inquiries or concerns with promptness and professionalism. 

Last Updated: Sept 2, 2024