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Sport Sitters
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Terms and Conditions

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, as a facilitating platform, bears no responsibility or liability for the quality or execution of any childcare services or other services provided through its platform by the Sitters. 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” or "Athlete": Refers to any user who provides sitting services through Sport Sitters, LLC platform.

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

3.  “User”: Refers to both Sitters and Families

Acceptance of Terms

By downloading, accessing or using the application or booking 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 schedule sitting services with Sitters. Families are expected to book a minimum of 72 hours before a scheduled job to be paired with a Sitter. The Service Provider is responsible for processing all bookings, including scheduling and payments, through its application. At any time, if no Sitters are available, the job will be cancelled or not accepted. 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 and may result in immediate suspension or termination of the user's account. 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.

To maintain the integrity, safety, and sustainability of the Sport Sitters platform, all bookings must be made directly through the app. Any attempt to bypass the app by contacting or compensating a sitter outside of the platform is strictly prohibited.

By using the platform, the User agrees that a report made by a Sitter, provider, other user, AI technology, automated flagging, suspicious activity, or a claim made by a Sport Sitters representative or any report by any individual whatsoever may serve as sufficient basis to investigate suspected violations. If we receive a good faith verbal or written report of circumvention, we reserve the right to take appropriate action, including assessing the applicable circumvention fee of up to $5,000 per incident, suspending the User's account, or and pursuing further remedies based on losses the platform suffered as a result. Sport Sitters is not required to provide direct evidence beyond the report to enforce these actions.

If it is discovered that a user has circumvented the platform, a nonrefundable circumvention fee of $5,000 per incident will be charged to the user’s registered payment method or pursued through legal means. By using the Sport Sitters app, you agree to this policy and acknowledge that enforcement may be based on verbal or written reports made in good faith. This policy is essential to protecting the integrity of our community and business model.

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.

·  Disclose all known allergies, dietary restrictions, and relevant medical information for each child when submitting a booking request.


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 accept on the Platform, including having the necessary skills 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 Service Provider in writing. Any costs associated with such transportation shall be borne by the party providing the transportation unless otherwise agreed upon in writing.

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


All Users (both "Families" and "Sitters") 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.

·  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. Sitters are not permitted to supervise any water activities beyond an extremely shallow water play (such as a flat splash pad). Use of swimming pools, tubs, hot tubs, or any body of water requiring any water supervision or swimming is strictly prohibited. Adherence to this policy is crucial for ensuring safety and violation releases the Service Provider from all liability.

·  The Service Provider and its independent sitters are not liable for any allergic reactions, exposures, or related incidents that occur during care, including but not limited to food, environmental, or medication-related allergies, including accidental exposure.

·  Service Provider is not liable for any injuries, accidents, or damages that may occur during a booking, including but not limited to those involving children under care; it acts solely as a booking conduit connecting families.

·  Users are required to submit correct and accurate information. Service Provider is not responsible for any missing, false, or inaccurate information provided in connection with a job request or booking . Users assume full responsibility for the accuracy of the information they provide and any resulting consequences.

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

·  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.

Failure to comply with these responsibilities may result in the suspension or termination of your access to the Platform. The Service Provider reserves the right to take appropriate action to ensure the safety and satisfaction of all users of the Platform. Failure to adhere to policies could hold the Family and/or Sitter responsible for any monetary losses or damages incurred by the Service Provider as a result of bypassing this process. A non-compliance fee of $5000 per incident, per violation may be charged at the sole discretion of the Service Provider if a Family or Sitter is found to be in breach of these policies, in addition to any other remedies available to the Service Provider under law.

User Conduct and Community Guidelines

Users of the Platform agree to engage respectfully and courteously with other users and the Service Provider. Prohibited conduct includes, but is not limited to, harassment, discrimination, abusive language, and any illegal activities. The Service Provider reserves the right to suspend or terminate accounts that violate these guidelines.

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. Furthermore, Service Provider reserves the right to fine, suspend or terminate the accounts of any Family or Sitter found to be in violation of this policy. Service Provider will not be held responsible for any issues, disputes, or damages that arise after any external communications have occurred outside of the platform.

Sitter Disclosures

Sitters on the platform acknowledge that if they are contacted by any individual or family through email, Instagram, any other social media platform or elsewhere regarding babysitting services, and it is understood that they discovered your services through the Service Provider, all babysitting jobs resulting from such inquiries must be coordinated and managed exclusively through the Platform. 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 the Service Provider 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 (the "Service Provider") through its Platform are specifically designed for two primary user groups: Families and Sitters. Families are defined as users seeking sitting services for their children, while Sitters are defined as users who offer sitting services through the Platform. The Platform aims to facilitate a safe, efficient, and reliable connection between Families and Sitters.

Closed Network

The Service Provider operates as a closed network and reserves the right to reject any registration application or remove any User from the network at its sole discretion and for any reason deemed necessary 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
  • Any behavior that is deemed harmful or offensive to other Users 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.

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

By submitting a registration, the User expressly authorizes Sport Sitters and its authorized agents to conduct background checks on the User applicant, any spouse or significant other (if applicable), any other adults residing in their household, and verify information submitted on behalf of children. This may include, but is not limited to, criminal history, sex offender registry checks, online presence, social media, age, birthday, and other relevant screenings necessary to ensure the safety and integrity of the Sport Sitters community. The User certifies they have obtained the consent of any such individuals prior to submitting your registration and agree to provide additional information or documentation as requested to complete these checks.

Fees and Payments

By engaging with the Platform, both the Family and the Sitter agree to the following terms:

Payments and Fees: Payments for services rendered will be made through the app and processed by third-party services, Stripe, Venmo or another company selected by the Service Provider. A payment processing fee of 3% will be applied to all transactions processed. Upon completion of a job, payments will be distributed as follows: a specific portion, to be determined by the Service Provider, will be given to the Sitter who completed the job, a portion will be allocated to their team fund, and a specific portion will be allocated to Sport Sitters. By using the Platform, you acknowledge and accept this payment structure.

Payment Method: Payments must be made through the Platform using the connected in-application payment method accepted by the Service Provider. All payments are due and will be charged at the time of booking unless otherwise specified.

Hourly Rate: The hourly rate, for services provided by a Sitter will be as listed in the Service Provider’s mobile application 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, day of week, time of day or demand.

Team Fee: In addition to the hourly rate, a Team Fee will be charged for each booking. This fee supports the Sitter's team or athletic department. The Team Fee will be listed in the Service Provider’s mobile application at the time of booking, exclusive of applicable taxes.

Sport Sitters Fee: A service fee, known as the Booking Fee, will be applied to each booking. This fee will be specified in the Service Provider’s mobile application at the time of booking. These rates may vary depending on the specific requirements of the Family and the qualifications of the Sitter, day of week, time of day or demand and may be charged as an hourly or flat fee.

Cancellation and Refund Policy: There is no fee if a job not accepted by a Sitter or cancelled more than 72 hours from the scheduled start time. If a job is cancelled 12 to 72 hours from the start time, there is a 1.5 hour cancellation fee. If a job is cancelled less than 12 hours of the start time, there is a 3 hour cancellation fee. Refunds will not be issued.

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.

Termination by Users

Users may terminate their account at any time by contacting the Service Provider or through the account settings provided in the application. Upon termination, all licenses and other rights granted to you in these Terms and Conditions will immediately cease.

Children’s Use Policy

The Platform is not intended for use by children under the age of 13 without parental consent. Parents or guardians are responsible for monitoring their children's access to and use of the Platform and for providing the necessary supervision.

Feedback and Submissions

Any feedback, comments, or suggestions you may provide regarding the Platform are entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

Marketing and Promotions

By using the Platform, you consent to receive marketing communications from Sport Sitters, LLC. You may opt out of receiving these communications at any time by following the unsubscribe instructions provided in the communications.

Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by Sport Sitters, LLC. Sport Sitters, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Sport Sitters, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

Non-Discrimination

The Service Provider and all Users agree to comply with all applicable anti-discrimination laws and regulations. The Service Provider prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. Users agree not to engage in any discriminatory practices or behavior while using the Platform. The Service Provider reserves the right to terminate the account of any User found to be in violation of this non-discrimination policy.

Accessibility Compliance

The Service Provider is committed to ensuring that the Platform is accessible to all users, including those with disabilities. The Service Provider agrees to comply with all applicable accessibility laws and regulations, including but not limited to the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). The Service Provider will regularly review and update the Platform to maintain and improve its accessibility features. Users are encouraged to report any accessibility issues they encounter, and the Service Provider will make reasonable efforts to address such issues in a timely manner.

The Service Provider is committed to inclusivity and will make reasonable efforts to accommodate children with disabilities or special needs. However, due to sitter availability and specific care requirements, we cannot guarantee a qualified or available sitter in all cases. We reserve the right to cancel any booking request if we are unable to safely and appropriately meet the needs of the child in matching available sitters, particularly when specialized training or accommodations are required.

Privacy Policy

Sport Sitters, LLC is committed to protecting your privacy. Please refer to our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. By using our platform, you agree to the collection and use of information in accordance with our Privacy Policy.

License Grant and Restrictions

Sport Sitters, LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform for personal, non-commercial use only. You agree not to alter, modify, create derivative works, or otherwise exploit the content on the Platform. All rights not expressly granted to you are reserved by Sport Sitters, LLC.

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, nor does it assume liability for any information provided by any User on the Platform, including but not limited to any liability arising from the negligence of the Service Provider. The Service Provider makes no representations or warranties regarding the accuracy, completeness, or reliability of any information provided by Users on the Platform. Users 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, or any information they provide to the Platform.

The Service Provider is not liable for any injuries, damages, or incidents arising from hazards within the home, including but not limited to unsecured furniture, unfenced pools, improperly stored weapons, or other general household dangers. Additionally, the Service Provider is not responsible for any missing, lost, stolen, or forgotten personal belongings during or after a booking.

The Service Provider is not responsible for any interruptions, delays, failures, or faults in internet connectivity, software, hardware, or other technology used to facilitate bookings or communications on the platform. This includes issues caused by the Service Provider, third-party providers, or user devices. By using the platform, you acknowledge and accept that such technological issues may occur and agree that the Service Provider shall not be liable for any inconvenience, loss, or damages arising from these disruptions.

All service providers using the Sport Sitters Platform are Independent Contractors, not employees, agents, or representatives of the Service Provider. The Service Provider does not direct or control the manner in which they perform their services. As such, any claims, disputes, or liabilities arising from a sitter’s conduct or services shall be resolved solely between the User and the service provider. Additionally, the Service Provider does not provide liability, health, accident, or property insurance for Users. All Users are solely responsible for maintaining any insurance coverage they deem necessary. While the Service Provider facilitates background checks and screening procedures, it does not guarantee the accuracy, scope, or outcome of such efforts. Users understand and acknowledge that they assume all risks associated with engaging with Sitters or Families through the Platform. Users further understand that passing a background check on one occasion does not guarantee the absence of future issues, and that background check software may only flag partial information or fail to detect certain records altogether. As such, the Service Provider does not guarantee the accuracy, completeness, or effectiveness of any background screening process.

The Service Provider is not responsible for any medical decisions, emergency care, first aid, or health-related incidents that may occur during or as a result of a booking. This includes, but is not limited to, allergic reactions, physical injuries, accidents, or illness. Users are solely responsible for providing accurate and complete information regarding any medical conditions, allergies, or special needs of the children under care. In the event of an emergency or adverse health incident, it is the sole responsibility of the User and/or sitter to seek appropriate medical attention, including contacting emergency services. The Service Provider expressly disclaims all liability for any outcomes, including serious injury or death, arising from the conduct of Users or Sitters or from the services scheduled through 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 without verification of parental consent 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.

Limitation of Liability

To the maximum extent permitted by applicable law, Sport Sitters, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use or inability to use the platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (f) the defamatory, offensive, or illegal conduct of any third party; (g) any personal injury, property damage, or other harm arising out of or in connection with interactions, meetings, or services provided between Users, whether arranged through the platform or otherwise; (h) any failure of background checks or screening processes to identify or disclose relevant information about a User; and/or (i) any act, omission, or conduct of a sitter or user, including negligence, misconduct, or failure to perform services, as all sitters are independent contractors and not employees or agents of Sport Sitters, LLC.

Indemnification

While the Service Provider provides safety recommendations to promote high standards of care, it is solely a booking conduit connecting independent sitters with families. It does not employ, supervise, or control the actions of any user on the platform. By using the service, the User acknowledges and agrees that all engagements are made at their own risk and that the Service Provider makes no guarantees as to the quality, safety, or outcomes of any services provided. The User agrees to release, defend, indemnify, and hold harmless the Service Provider, its affiliates, officers, agents, employees, and successors from any and all claims, damages, injuries, losses, liabilities, or expenses, including but not limited to legal fees, arising out of or related to any incident, accident, personal injury, illness, or death that occurs during or as a result of a booking arranged through the platform. This indemnification includes, but is not limited to, claims resulting from the actions, omissions, negligence, or misconduct of a Sitter or Family engaged through the Platform. The User further agrees to indemnify and hold harmless the Service Provider from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses arising from the User’s use of the Platform, violation of these Terms and Conditions, or use of any services or information obtained through the Platform. The Service Provider shall not be held liable for any losses, damages, or inconveniences, including, but not limited to, financial losses, loss of opportunities, emotional distress, reputational harm, or any other forms of direct or indirect loss resulting from cancellations, no-shows, delays, poor service, or failure to perform scheduled services.

Changes to Terms and Conditions

The Service Provider reserves the right to update or modify these Terms and Conditions at any time, and will make reasonable efforts to provide notice of significant changes. Any changes or modifications will be effective immediately upon posting the updated Terms and Conditions on the Service Provider’s website. It is the responsibility of the User to review these Terms and Conditions periodically for any changes. Continued use of the Platform after any such changes or modifications are made will constitute acceptance of the new Terms and Conditions. If you do not agree to the updated Terms and Conditions, you must stop using the Platform immediately.

Governing Law

These Terms and Conditions, along with any disputes arising out of or related to the services provided by the Service Provider, including but not limited to the use of the Platform, shall be governed by, interpreted, and enforced 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 arising out of or in connection with these Terms and Conditions that are not subject to arbitration, and hereby irrevocably 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. This arbitration agreement is intended to cover all Disputes, including claims against Sport Sitters, LLC, its employees, affiliates, and service providers.

Any in-person arbitration will be held where Sport Sitters, LLC is headquartered or another location convenient for Sport Sitters, LLC, at the discretion of the business, including online or via teleconference.

Arbitration shall be conducted on an expedited basis, with the final ruling to be issued within 60 days of the arbitrator’s appointment. Unless otherwise required by law, each party shall bear its own arbitration fees, including filing fees, administrative costs, and arbitrator’s fees. Except as required by law, no formal discovery process (such as depositions, interrogatories, or requests for documents) shall be allowed, except for the exchange of essential documents directly relevant to the claims.

All Disputes must be brought on an individual basis. No party may bring a claim in a representative capacity, including as a member of a class action, collective action, or other similar proceeding. You expressly waive any right to have Disputes heard before a jury.

The arbitrator may only award direct damages and is not authorized to award punitive, consequential, or indirect damages, or any form of injunctive relief or non-monetary relief. This limitation of damages shall apply regardless of the claims or legal theories raised.

The arbitration, including all materials submitted and any award issued, shall remain confidential and shall not be disclosed to third parties except as required by law or to enforce an award.

The arbitrator’s decision will be final and binding on all parties, with no right to appeal. The arbitrator’s decision may be entered in any court of competent jurisdiction.

By using the App and agreeing to these Terms, you waive any right to opt out of this arbitration clause. This arbitration agreement is governed by the Federal Arbitration Act (FAA), and the arbitrator’s decision can be enforced in federal or state courts.

Entire Agreement

These Terms and Conditions, together with any documents expressly referred to in them, constitute the entire agreement between Sport Sitters, LLC and the User with respect 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 it is in writing and signed by both parties, namely Sport Sitters, LLC and the User.

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 its website. 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

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

Last Updated: June 22, 2025

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