Terms of Services
Please read these terms carefully before using Stable Sitters. By using our platform, you agree to be bound by these terms.
TERMS AND CONDITIONS
This Site belongs to STABLE SITTERS FOR YOU CORP (herein referred to as “Stable Sitters”). By accessing Stable Sitters, the Stable Sitters’ mobile application, a subdomain or any such website, stable-sitters.com (“Site”), any mobile application for such website or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise, you acknowledge and agree that you are subject to the following terms and conditions, as well as our Privacy Policy, which also governs your use of the Site, and is incorporated by reference (These Terms and Conditions along with the Privacy Policy shall be referred to as the “Terms”). This site is maintained as a service to our Customers. Please review these terms and conditions carefully.
By accessing the Site and/or agreeing to these Terms, you hereby certify that you are at least eighteen (18) years of age. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE STABLE SITTERS SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE STABLE SITTERS SERVICE.
We reserve the right, at our sole discretion, to change these Terms, in whole or in part, at any time. We reserve the right to refuse service to anyone for any reason at any time. You Any such changes will become effective when posted unless a different date is indicated by us. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use.
Acknowledgment of Services and Charges.
By signing below, the Equine Owners and acknowledges and agrees the terms and conditions herein. The terms “we,” “us” and “our” refer to Stable Sitters for You Corp, which is a subscription service connecting Equine Owners and Service Providers, together referred to herein as “Customer(s)” for the purpose of equine care. Your access to this service is conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By utilizing our service, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”).
Stable Sitters is a neutral venue for Service Providers and Equine Owners. Stable Sitters is not a Service Provider and does not provide equine care services. We make no representations or warranties about the quality of boarding, equine sitting, or other services provided by Service Providers (“Equine Care Services”), or about your interactions and dealings. Service Providers listed on Stable Sitters are not under the direction or control of Stable Sitters for You Corp, and Service Providers determine in their own discretion how to provide Equine Care Services. Stable Sitters does not employ, recommend, or endorse Service Providers or Equine Owners, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Equine Owners, whether online or offline. Equine Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their equines. For example, each Customer of the Stable Sitters Service is responsible for keeping current his or her own equine’s health status and vaccinations, and we will have no liability for anyone’s failure to note signs of colic, illness, injury, and failure to vaccinate his or her equine.
Payment Terms.
In consideration of the Services provided, Customer agrees to pay a monthly subscription fee to Stable Sitters for You Corp. If you are an Equine Owner, you enter into a transaction with the Service Provider. The Service Provider then agrees to perform the equine care services. If you are a Service Provider, you enter into a transaction with the Equine Owner, and are required to perform the equine care services. Stable Sitters will not operate as a broker, and it is the responsibility of the Customers to pay and be paid for the services requested and provided.
Credit Card Authorization.
The Customer affirms that they are authorized to provide the credit card information used for payments and purchases, and further authorizes Stable Sitters to charge a monthly subscription payment to said credit card until such time as Customer cancels the subscription.
Charge Disputes.
Customer agrees not to dispute or reverse any legitimate credit card charges without first attempting to resolve the matter in good faith with the Company.
Cancellation.
To cancel your subscription, notice must be provided at least forty-eight (48) hours before the first (1st) day of the month.
Jurisdiction and Governing Law.
Any and all disputes arising out of or relating to this agreement shall be governed by the laws of the State of Missouri. Venue for any such disputes shall be in a city of Company’s choosing.
Representations.
The individual signing on behalf of the Customer warrants and represents to the Company that they are authorized and hold legal capacity to execute the Agreement and bind the Customer to the contractual obligations stated herein.
Customer Obligations.
Customers shall be solely responsible for meeting and maintaining compliance with any and all laws, ordinances regulations, requirements or codes to meet all requirements for health standards, safety standards, OSHA standards and/or liability reduction including obtaining and maintaining sufficient insurance.
Severability.
Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
Assignments.
No Party shall assign this Agreement or any part hereof without the prior written consent of the other Parties.
Hypertext Links.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from Customers' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
Limited License to Use the Site.
Customers are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to Customers in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
Use of the Site for any unlawful purpose or in any unlawful manner;
Use of the Site contrary or separate from the intended purpose of connecting Equine Owners and Service Providers;
Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
Deep-link to any portion of the Site without our express written permission;
Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
Reverse engineer any part of the Site;
Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
Use the Site and its inquiry other than to advertise and/or research Service Providers or Equine Owners, to make legitimate inquiries to our Customers or any other use expressly authorized on the Site;
Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Violate, plagiarize or infringe the rights of us, other Customers, or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us immediately at support@stable-sitters.com.
Your E-mail Address and Data.
When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of Customers. You may receive one or more promotional e-mails from either the Site or a website of one of Stable Sitter’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy. We adhere to strong principles of privacy. You agree that we may access and use your Customer-contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your Customer-contributed content in accordance with these Terms and our Privacy Policy.
Identity Verification.
Stable Sitters for You does not provide background checks or guarantee Identify Verifications. Customer verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each Customer's purported identity. Please exercise caution and use your independent judgement. We recommend an interview to evaluate the individual(s) with whom you engage.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible.
We may, however, without notice to you, suspend, or cancel your account at any time even without receiving or providing notice from or to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Limitations on Communications and Use of Other Customers’ Information; No Spam.
You agree that, with respect to other Customers' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other Customer related to the purpose of the Site. Any other purpose will require express permission from the Customer. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give other Customers an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Customer to any third party without the consent of the other Customer. You agree that other Customers may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Customers’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
Responsibility for Customer-contributed Content.
We have no duty to pre-screen content posted on the Site by Customers or other Customers, whether directly contributed by the Customer or contributed by us or a third party on behalf of the Customer or any other content provided by a Customer to the Site (collectively, “Customer-contributed content”). We are not responsible for Customer-contributed content. “Customer-contributed content” also includes information that a Customer or any other person provided to a third-party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of Customer-contributed content we have authorized.
We reserve the right to decline to permit the posting on the Site or to remove from the Site any Customer-contributed content at our discretion that does not align with the Site’s purpose. We may also remove Customer-contributed content if it is brought to our attention, such as by notice given to us by a Customer or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit a Customer’s content or Customer-contributed content in a non-substantive manner solely to cause the content to comply with the Site’s purpose. Customers remain responsible for reviewing their Customer-contributed content to ensure it is accurate and not misleading.
At a minimum, Customer-contributed content must (as determined by us in our discretion):
not infringe anyone's rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
not include personal information of another that can be used to identify or contact any person;
not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
be directly related to the Site, business service, product or forum where the content is submitted;
not be obscene, abusive, discriminatory or illegal; or
not be false or misleading.
All Customer-contributed content is the sole responsibility of the Customer who contributed such content, whether such Customer contributed the content directly or through a third-party website. Customers are solely responsible for their Customer-contributed content, and we specifically disclaim all liability for Customer-contributed content. The Customer represents and warrants that the Customer owns or otherwise controls and has all necessary legal rights to the Customer’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the Customer-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post Customer generated content without such proof or if such proof is, in our sole discretion, insufficient.
By submitting or authorizing Customer-contributed content, you grant to us and our affiliates a worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your Customer-contributed content, in connection with our business or the business of our affiliates.
You further grant us and our affiliates the ability to register copyright in and protect the Customer-contributed content from the unauthorized use of the Customer-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
In the event that you retain any rights of attribution, integrity or any other moral rights in any Customer-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the Customer-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the Customer-contributed content by us or our affiliates.
Customer Liability.
Customers are solely responsible for obtaining insurance coverage sufficient to protect their equines and interests, as applicable. Customers agree that they have or will obtain the appropriate insurance coverage sufficient to cover the services provided and/or sufficient coverage for equines and the property upon which the services occur before the arrival of their Service Provider and will maintain adequate insurance coverage through the departure date of any Service Provider they have obtained via our Site. Further, Customers agree to provide us with copies of relevant proof of coverage upon request.
Abandoned Equines; Re-homing.
Equine Owners who arrange for Equine Care Services and fail to retrieve their equine after the service period identified in a Booking agree that Stable Sitters (or the Service Provider) may, in its (or his or her) sole discretion, place the equine in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Equine Owner agrees to reimburse Stable Sitters and/or the Service Provider for all costs and expenses associated with such actions. Further, Stable Sitters expressly reserves the right, in its sole discretion, to remove an Equine Owner’s equine from a Service Provider’s care should Stable Sitters deem it necessary for the safety of an equine, the Service Provider, or any persons living with the Service Provider. Prior to removing an equine from the care of a Service Provider, Stable Sitters will use reasonable efforts during its normal business hours to contact the Equine Owner and/or the Equine Owner’s emergency contact (if provided) to arrange alternative care. Should Stable Sitters not be able to contact the Equine Owner or the emergency contact, Stable Sitters will use its best judgment to find alternative care for the equine until the Equine Owner is able to retrieve his/her equine. If you are an Equine Owner, you authorize your equine’s veterinarian(s) to release your equine’s veterinary records to Stable Sitters in connection with any such relocation or re-homing of your equine. In addition, you are responsible for and agree to pay all costs and expenses incurred by Stable Sitters in connection with such transfer.
Emergencies.
Equine Owners must give their Service Providers contact information where they can be reached in the event medical care for an equine becomes necessary, and to provide an emergency contact in the Equine Owner profile, who has consented to the disclosure of their information. Service Providers agree to immediately contact Equine Owners in the event such care becomes necessary or, if the Equine Owner is not available, to contact a vet available to assist. If you are an Equine Owner, you hereby authorize your Service Provider, your emergency contact, and/or Stable Sitters to obtain and authorize the provision of veterinary care for your equine if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your equine’s veterinarian(s) to release your equine’s veterinary records to Stable Sitters and your Service Provider. You release the Service Provider and Stable Sitters for any injury, damage or liability arising from the provision of emergency care or the failure to seek such care pursuant to this section, including from reimbursement. Equine Owners are responsible for the costs of any such medical treatment for equines. Stable Sitters recommends that all Customers have adequate equine insurance to cover the costs of veterinary care.
You acknowledge that Stable Sitters is entitled to rely on these certifications from you, is not responsible to ensure that all Customers have complied with applicable laws and regulations and will not be liable for a Customer’s failure to do so.
Reviews.
The Stable Sitters Service may provide the ability to leave public and/or private reviews of Customers or their equines. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Stable Sitters has no obligation to preserve or indefinitely store any reviews. We have no obligation to provide you with the content of any reviews about you submitted by other Customers of the Stable Sitters Service, whether before or after deactivation of your account for the Stable Sitters Service. We will have no liability to you for any deletion, disclosure, loss, or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Stable Sitters Service at any time.
Unsolicited Ideas and Feedback.
From time to time, Customers submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans, or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions, or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies, or marketing strategies, seems similar to any of your submissions. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of Stable Sitters without any compensation to you; (ii) Stable Sitters may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Stable Sitters to review any submission; and (iv) there is no obligation to keep any submission confidential.
We welcome your feedback regarding many areas of our business. Please provide only specific feedback on our Site and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential, and we reserve the right to use or disclose such information in any manner.
Limitation of Liability.
IN NO EVENT WILL STABLE SITTERS FOR YOU CORP, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “STABLE SITTERS FOR YOU CORP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A CUSTOMER OF THE STABLE SITTERS(EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY CUSTOMER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN CUSTOMERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ANY DAMAGES RELATED TO ACTIONS TAKEN BY EQUINE OWNERS OR SERVICE PROVIDERS. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD-PARTY PROVIDER OR ANY CUSTOMER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
Disclaimers.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CUSTOMER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CUSTOMER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY CUSTOMER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY CONTRACT TRANSACTION OR OTHER TRANSACTION BETWEEN CUSTOMERS OF THE SITE.
Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER CUSTOMERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN CUSTOMERS REGARDING ANY TRANSACTION OR CUSTOMER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH CUSTOMER OF AND SEPARATELY THE STABLE SITTERS FOR YOU CORP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH CUSTOMER OF STABLE SITTERS(COLLECTIVELY, THE “INDEMNIFIED PARTIES“) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER CUSTOMER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER CUSTOMERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD-PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD-PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Additionally, you agree to defend and indemnify STABLE SITTERS FOR YOU CORP, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of these Terms or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this Site.
Disputes; Arbitration.
Stable Sitter’s right to amend these Terms, in whole or in part, at any time does not apply to this “Disputes; Arbitration” section. The version of this “Disputes; Arbitration” section in effect on the date you last accepted the Terms controls.
Stable Sitters is committed to Customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Site, any dealings with our Customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy (/legal/privacy-policy) (“Claims”) by contacting Stable Sitters. If we are not able to resolve your Claims within thirty (30) days, you may seek relief through arbitration, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, Customers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees, and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state of Missouri.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
Prior to beginning an arbitration proceeding, you must send a letter describing your Claims to Stable Sitters by mailing it to STABLE SITTERS FOR YOU CORP’s agent for service. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the thirty (30) day period, only then may either party commence arbitration by filing a written Demand for Arbitration with the AAA and providing a copy to the other party as specified in the AAA Rules. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court within the state of Missouri.
General.
To Contact Us for any reason, Customers can email support@stable-sitters.com. These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside (as determined by the billing address you have provided us), without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site. Except as explicitly stated otherwise, any notices to us shall be given by postal mail to:
PO Box 42
Harrisonville, MO 64701
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration or booking or inquiry process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given three (3) days after the date of mailing to a physical address and one day after mailing to an electronic address.
We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When Customers renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product, or service. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any Customer. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. We may immediately terminate any Customer’s access to or use of the Site due to such Customer’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
We may assign these Terms in our sole discretion. Customers must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Waiver and Severability.
No waiver by Stable Sitters 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 Stable Sitters to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of these Terms and Conditions will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue in full force and effect.
We are not a party to any contracting or service agreement or other agreement between Customers. As a result, any part of an actual or potential transaction between a Sitter and Customer, including the quality, condition, safety, or legality of the services requested or advertised, the truth or accuracy of the information provided by Sitters who utilize the Site, the ability of the Sitters to provide the services requested, or the ability of the Customers to contract for services are solely the responsibility of each Customer. You acknowledge and we agree that you may be required to enter into one or more separate agreements, waivers, or terms and conditions before entering a contract with another Customer and Stable Sitters, or one of its affiliates, may place additional restrictions on your contract.
We assume no liability or obligation to take any such measures or actions. If we provide warnings or messages to Customers about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Customers they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
Attorney Fees.
You agree to pay the costs of collection, including reasonable attorneys’ fees, incurred by Stable Sitters in enforcing your obligations under these Terms and Service.
Entire Agreement.
These Terms and Conditions, the Privacy Policy, and any additional terms incorporated by reference constitute the sole and entire agreement between you and Stable Sitters with respect to the Site or Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site or Services. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court with jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.