These TERMS AND CONDITIONS constitute a binding legal agreement (the “Agreement”) between YOU (hereinafter, “You” and all of its variants (e.g., your), whether or not capitalized), the user of the service (the “Service” or “Services”) offered through the website LADHERSITTERS.COM (the “Site”) and any related mobile applications or other user interfaces available to the public, and LADHER SITTERS, LLC, a Delaware limited liability company (“Ladher Sitters”).  These Terms and Conditions apply to you whether you are a person seeking services of one of our independent contractor care providers or are (or hope to become) an independent contractor care provider.

Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions contained herein, and any Ladher Sitters policies relating to the Service (“Policies”), all of which are incorporated herein by reference, and as such may be updated and amended from time to time.  Ladher Sitters reserves the right to and will update and amend this Agreement, including its Policies, from time to time.  Any updates or amendments thereto will be published on the Site, or otherwise be made available through the Service, and shall be effective immediately upon posting on the Site, or being made available through the Service. Your use of the Service, whether an initial use or a continued use, will constitute your acceptance of and agreement to any and all such changes.

If You do not agree with any part of this Agreement, including but not limited to any Ladher Sitters Policies relating to the Service, as such may be updated and amended from time to time, You are prohibited from using the Service, and must immediately cease use of the same.

  1. PLATFORM ONLY;  INDEPENDENT CONTRACTOR SITTERS

The Service offered by Ladher Sitters is strictly limited to providing a trusted, secure online platform whereupon parents seeking to obtain certain childcare services on behalf of themselves, relatives, and/or others with whom they have a relationship or for whom they have care responsibilities (“Clients”), including You, can connect  or match with qualified, referral-only independent contractors seeking to provide such childcare services (“Sitters”).  These childcare services may include, but are not limited to, supervision, babysitting, companionship, meal preparation, shopping and other similar errands, round trip appointment transport, housekeeping, and related activities (“Childcare Services”).

Ladher Sitters furnishes the platform to allow Clients to connect with Sitters (and vice versa) only.  Ladher Sitters does not itself

  • provide any Childcare Services to Clients,
  • hire, fire, or discipline any Sitters,
  • select, assign or otherwise match Sitters to Clients, or
  • endorse any Sitters, either generally or with respect to any specific Childcare Services.

Clients: Ladher Sitters will furnish You with available Sitter candidates, based upon proximity to your geographic location, availability, whether the candidates have provided Childcare Services to other Clients in your network, home care needs, preferred hourly rate and other factors.  You are responsible for reviewing Sitter candidates, using the Site, conducting your own due diligence and selecting a Sitter in your discretion, for yourself or for others, as Clients.  You are responsible for establishing, maintaining, and terminating any relationship with your selected Sitter, for yourself or for others, as Clients.  Sitters will also have the right to establish or decline, maintain, and terminate any relationship with You or others, as Clients.  The Sitters are independent contractors and not employees, agents, or representatives of Ladher Sitters, and as such do not furnish Childcare Services to You or others, as Clients, for or on behalf of Ladher Sitters.  The Sitters are not agents of and do not have the authority to contractually or otherwise legally bind Ladher Sitters to any agreements, obligations or understandings, and cannot make any representations, warranties, statements, or otherwise speak on behalf of Ladher Sitters.

Sitters: Ladher Sitters does not itself provide any Childcare Services to Clients, select, assign or otherwise match Sitters to Clients, or endorse any Sitters, either generally or with respect to any specific Childcare Services.  Ladher Sitters will furnish Clients with available Sitter candidates, based upon proximity of geographic location, your availability, whether You have provided Childcare Services to other Clients in a Client’s network, a Client’s home care needs, and other factors.  Clients are responsible for reviewing Sitter candidates, and using the Site or Software, and selecting a Sitter.  Clients are responsible for establishing, maintaining, and terminating any relationship with their selected Sitter.  You, as a Sitter, will also have the right to establish or decline, maintain, and terminate any relationship with Clients.  Ladher Sitters is not an employment or staffing agency, and does not guarantee that You, as a Sitter, will be matched to any particular Client, or any Client at all.  You, as a Sitter, are an independent contractor and not an employee, agent, or representative of Ladher Sitters, and as such do not furnish Childcare Services to Clients for or on behalf of Ladher Sitters.  You, as a Sitter, do not have the authority to contractually or otherwise legally bind Ladher Sitters to any agreements, obligations or understandings, and cannot make any representations, warranties, statements, or otherwise speak on behalf of Ladher Sitters.

Clients:  Ladher Sitters does not perform background screening on any Sitters listed on the Site as being available to furnish Childcare Services. You acknowledge and agree that you are responsible for conducting your own independent review, investigation and selection process as you deem appropriate and sufficient to make your decision.  Although Ladher Sitters may, either now or in the future, provide a means for You or others, as Clients, to rate or review Sitters, these ratings and reviews do not constitute any opinion, commendation, approval, or other endorsement by Ladher Sitters of any Sitter, whether generally or with respect to any specific Childcare Services.  You understand that any such ratings or reviews are strictly those opinions, commendations, approvals, or endorsements of others using Ladher Sitters’ Site.  Neither Ladher Sitters, nor any of its subsidiaries, affiliates, owners, directors, officers, managers, agents or other representatives, assume any responsibility for any of the acts or omissions of any Sitters, including responsibility for any property damage, theft, or bodily injury that may result in connection with the Childcare Services that any Sitter may furnish to a Client.

Clients: You acknowledge that your relationship with any Sitter, use of a Sitter for Childcare Services, and reliance on any information conveyed by a Sitter, is solely at your own risk and you assume full responsibility for all risk associated therewith.

Sitters: You acknowledge that your relationship with any Client, acceptance of any Client engagement, furnishing of Childcare Services to Clients, and reliance upon a Client for payment for Childcare Services, is solely at your own risk and you assume full responsibility for all risk associated therewith.

Ladher Sitters will furnish Sitters with certain limited administrative support services through the Site, Services, and Software.  This may include, but is not limited to, posting of your Sitter profile on the Site, access to Client profiles on the Site, use of Sitter and Client data in order to facilitate matches for Childcare Services, standardization of certain administrative functions (e.g., payment processes or rates), website marketing and search engine optimization to increase your Sitter profile, technical support for the Site, Services, and Software, etc.  Ladher Sitters reserves the sole and unfettered right to add to, eliminate, or change its administrative support services furnished to You at any time, with or without notice.

 

  1. TYPES OF CHILDCARE SERVICES

Ladher Sitters furnishes the platform to allow Clients to connect with Sitters only, and is not an employment agency and does not employ the Sitters.  As such, Ladher Sitters does not insure or otherwise cover as employees the Sitters.  Instead, Ladher Sitters acts as an intermediary and trusted payment platform only.

Types of Childcare Services:  The types of Childcare Services that a Sitter provides are indicated on the Sitter’s profile.

  1. PAYMENT AGENT; SUBSCRIPTIONS

As part of its furnishing of the platform to allow Clients and Sitters to connect, Ladher Sitters will provide payment services to Client and Sitter as described in this Section 3. Client and Sitter each appoint Ladher Sitters as their payment agent for the purposes of fulfilling all of their payment obligations for engagements facilitated through the Ladher Sitters platform. Ladher Sitters is authorized to deduct its fees and charges from payments due by Client to Sitter. Ladher Sitters will provide Sitters with the appropriate IRS 1099 form on behalf of Client. Notwithstanding its obligations as payment agent, Ladher Sitters is not responsible for making payments to a Sitter until funds are received by Ladher Sitters from the Client.

Ladher Sitters offers automatically renewing subscription packages for Childcare Services. If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

Because the Ladher Sitters’ Site and Services may be utilized without a subscription, canceling your subscription does not cancel your Ladher Sitters account. If you wish to fully terminate your account, you must do so as set forth in Section 8.

If you purchase an automatically renewing subscription, the payment method you provided to Ladher Sitters will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent

 

subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.

To cancel a subscription, log in to the Ladher Sitters Site or app and go to the Account section. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

You may edit your payment method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, You remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates.

In addition, You authorize Ladher Sitters to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method.

Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

 

For subscribers residing in New York:

Your Right to Cancel - You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.  If any of the foregoing apply to you, email Ladher Sitters at:  [email protected]

 

  1. LIMITATION OF LIABILITY

YOU AGREE NOT TO HOLD LADHER SITTERS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, OFFICERS, DIRECTORS, PARTNERS, OR INVESTORS (COLLECTIVELY, “LADHER SITTERS PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY, RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SITE’S PLATFORM, INCLUDING WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY SITTER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT OR SIMILAR ABUSE (WHETHER VERBAL, PHYSICAL, OR OTHERWISE), VEHICULAR ACCIDENTS, ACTS OR THREATS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PROPERTY), ANY DISPUTE WITH ANY SITTER OR CLIENT, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ANY SITTER, AND ANY COLLECTION, STORAGE, USE OR DESTRUCTION OF YOUR INFORMATION OR THE INFORMATION CONCERNING ANY SITTER OR CLIENT, AS PROVIDED BY YOU ON THE SITE OR THROUGH THE WEBSITE PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS LEGALLY DETERMINED THAT ANY LADHER SITTERS PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO LADHER SITTERS (OR, IF YOU ARE A SITTER, FEES PAID BY CLIENTS TO LADHER SITTERS IN CONNECTION WITH CHILDCARE SERVICES RENDERED BY YOU) IN CONNECTION WITH THE USE OF THE SITE OR SERVICES OF, OR IN CONNECTION WITH ANY CHILDCARE SERVICES, IN ANY 12-MONTH PERIOD BEFORE THE FILING OF THE CLAIM GIVING RISE TO SUCH DAMAGES.

USE OF LADHER SITTERS’ SITE & SERVICES, AND YOUR SELECTION OF AND ENTERING INTO A CHILDCARE ARRANGEMENT WITH ANY SITTER OR CLIENT, IS ENTIRELY AT YOUR OWN RISK.  THE SITE, SERVICES, AND ALL CHILDCARE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE LADHER SITTERS’ PARTIES DO NOT WARRANT: (1) THE UNINTERRUPTED AVAILABILITY OR RELIABILITY OF THE SITE OR SERVICE; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR ANY SITTER; (3) THE TIMELINESS, ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT AVAILABLE THROUGH THE SITE OR SERVICE; OR (4) THAT THE SITE AND SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

THE LADHER SITTERS’ PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

  1. CONDUCT
    1. CLIENT CONDUCT;  TERMINATION UPON UNACCEPTABLE CLIENT CONDUCT;  INDEMNIFICATION

      You agree that at all times during the term of this Agreement, You or others for whom you contract, as Clients, will refrain from any acts that harm your Sitter(s), including but not limited to stalking, harassment or similar abuse (whether verbal, physical, or otherwise), actual or threats of physical violence, and destruction of any Sitter’s property.  You understand and agree that a Sitter shall have the right to terminate his/her arrangement to furnish Childcare Services to you, should You or others for whom you contract, as Clients, fail to observe the prohibitions in this Section 5.1.  You understand and agree that Ladher Sitters shall have the right to terminate your access to the Site and Service in the event Ladher Sitters discovers that You have failed to observe the prohibitions in this Section 5.1.  You and all others on behalf of whom You contract, as Clients, hereby agree to indemnify, defend, and hold harmless the Ladher Sitters Parties from and against any claim, loss, expense, or demand of liability, including attorneys’ fees and costs incurred, in connection with your improper use of the Site and Service, and in connection with any violations of this Section 5.1.  Ladher Sitters reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which You must indemnify the Ladher Sitters Parties, under this Section 5.1;  provided, however, that Ladher Sitters’ election to assume the exclusive defense and control of any such matters shall not be read to reduce or eliminate your obligations to indemnify the Ladher Sitters’ Parties, as required under this Section 5.1.
    2. SITTER CONDUCT;  TERMINATION UPON UNACCEPTABLE SITTER CONDUCT;  INDEMNIFICATION

      You agree that at all times during the term of this Agreement, You, as a Sitter, will refrain from any acts that harm your Client(s), including but not limited to stalking, harassment or similar abuse (whether verbal, physical, or otherwise), actual or threats of physical violence, and destruction or theft of any Client’s property.  You understand and agree that a Client shall have the right to terminate his/her arrangement for You to furnish Childcare Services, should You, as a Sitter, fail to observe the prohibitions in this Section 5.2.  You understand and agree that Ladher Sitters shall have the right to terminate your access to the Site, Services, and Software, in the event Ladher Sitters discovers that You have failed to observe the prohibitions in this Section 5.2.  You, as a Sitter, hereby agree to indemnify, defend, and hold harmless the Ladher Sitters Parties from and against any claim, loss, expense, or demand of liability, including attorneys’ fees and costs incurred, in connection with your improper use of the Site, Services, and Software, and in connection with any violations of this Section 5.2.  Ladher Sitters reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which You must indemnify the Ladher Sitters Parties, under this Section 5.2;  provided, however, that Ladher Sitters’ election to assume the exclusive defense and control of any such matters shall not be read to reduce or eliminate your obligations to indemnify the Ladher Sitters Parties, as required under this Section 5.2.
  1. TECHNOLOGY AND SECURITY MATTERS;  THIRD PARTY WEBSITES;  LICENSE AND USE OF SITE

You are the sole authorized user of your Ladher Sitters account. You are responsible for maintaining the confidentiality of any password and all information relating or posted to your Ladher Sitters account that may be sensitive and confidential, including but not limited to any links to bank accounts, personal identifiers, addresses and telephone numbers, or any other similar information.  You are solely and fully responsible for all activities that occur under your Ladher Sitters account.  Ladher Sitters expressly disclaims any liability from any misuse of your account. Should You suspect that any unauthorized party may be using your password or account, or you suspect any breach of security, contact Ladher Sitters immediately.

Ladher Sitters may, at its sole discretion, retain a third-party service (each a “Service Provider”) to assist with identity verification of prospective users of the Site and/or Services. By agreeing to these Terms and Conditions herein and Ladher Sitter’s Privacy Policy and initiating such identity verification process through a Service Provider, You understand and acknowledge you are agreeing to and bound by the Service Provider’s respective terms and conditions and privacy policy, which can be found on Service Provider’s website and/or the Site. Ladher Sitters does not receive, process, or store any biometric data or uploaded files in connection with such identity verification by a Service Provider – instead, Ladher Sitters uses a unique identifier to retrieve the outcome a prospective user’s identify verification conducted by the Service Provider. Each Service Provider may require personal data and biometric information to be uploaded and/or provided directly to the Service Provider by each prospective user, data which may exceed the minimum that is directly collected and retained by Ladher Sitters for facilitation of the Site and Services (as otherwise described or referenced in this Agreement). Where such Service Provider is retained for purposes of identity verification to grant applicant access to Services, completion of the Service Provider’s verification process shall be required and mandatory for all users. Although Ladher Sitters will only utilize Service Providers who warrant they have practices and procedures compliant with any and all applicable state and Federal laws and regulations, Ladher Sitters will not be liable for any breaches by a Service Provider involving Your personal information.  If you have any concerns related to the collection and/or protection practices of a Service Provider, you are strongly encouraged to address them directly with the Service Provider prior to participating in any verification process. Additional information regarding the specific practices of each Service Provider may be publicly available on the Site, and can additionally be provided on request by emailing [email protected] Your continued use of the Site and/or Services shall constitute your continued consent to Ladher Sitter’s use of the third-party verification practices described herein.

Links (such as hyperlinks) from Ladher Sitters to other websites, or posted by Sitters or Clients for other websites, do not constitute the endorsement by Ladher Sitters of those sites or their content.  Such links (such as hyperlinks) are provided for reference, information, convenience, or advertisement and marketing purposes only.  Ladher Sitters does not control any such other websites, and is not responsible for their content.  The existence of links on the Site to such other websites (including without limitation any advertisements displayed in connection therewith) may not necessarily be subject to control or input by Ladher Sitters, and does not mean that Ladher Sitters endorses any of the material on such websites, or has any association with their operators.  It is your responsibility to evaluate the content and usefulness of the information obtained from other websites that may be linked on Ladher Sitters’ Site and website platform. The use of any website controlled, owned, or operated by parties other than Ladher Sitters is governed by the terms and conditions of use and privacy policies for those websites, and not by Ladher Sitters.  You access such third-party websites at your own risk.  Ladher Sitters expressly disclaims any liability arising in connection with your use or access to any websites or other material associated with links (such as hyperlinks) that may appear on the Site or through use of its web platform. You hereby agree to hold Ladher Sitters harmless from any liability that may result from your use of links that may appear on the Site or through use of its Service.

By using the Site or Service, You expressly represent and warrant that You are legally entitled to enter this Agreement.  You must abide by age limits that may apply to your use of the Ladher Sitters Site or Service, and your entering into this Agreement, in your jurisdiction, and You must not use the Site or Service if prohibited under laws in your jurisdiction.  You represent and warrant that You are at least eighteen (18) years old and that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.  When using the Ladher Sitters Site and Web Service, You agree to comply with all applicable laws in the country, state, and municipality in which You reside or are present while using the Site and Service.  You may only access the Site and Service, using authorized means. Ladher Sitters is not liable if you do not have a compatible computer or device.  Ladher Sitters reserves the right to terminate or temporarily block your account or access to the Site and Service should You use an incompatible or unauthorized device, or if Ladher Sitters determines that your access to the Site and Service has been gained through improper means.

You will only use the Site and Service for lawful purposes.  You will not use the Site and Service to cause nuisance, annoyance, or inconvenience, including but not limited to Ladher Sitters, the Ladher Sitters Parties, Sitters, or other users of the Site and Service;  this includes, but is not limited to, refraining from sending spam or otherwise duplicative or unsolicited messages in violation of applicable laws;  sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;  sending or storing material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; and attempting to gain unauthorized access to the Site and Service, or its related systems or networks.  You will not impair the proper operation of Ladher Sitters’ Site and Service.  You will not try to harm the Site or Service in any way whatsoever.  You will not copy, use, or distribute the Site and Service or other content without express, written permission from Ladher Sitters.   You will keep secure and confidential your account password or any identification we provide You which allows access to the Site and Service.  You will provide Ladher Sitters and/or its designated Service Provider with whatever proof of identity they may reasonably request, in order to gain initial access and maintain access to the Site and Service.

You will only upload information and content to the Site and Service that does not infringe the intellectual property rights of any third party.  You will only use the Site and Service on devices and from access points which You are authorized to use.

You shall not:  (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Site and Service in any way;  (ii) modify or make derivative works based upon the Site and Service;  (iii) reverse engineer or access the Site and Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Site and Service, or (c) copy any ideas, features, functions or graphics of the Site and Service, or (d) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Site and Service or (iv) directly or indirectly create, train, test or otherwise improve any machine learning algorithm, artificial intelligence system including but not limited to architectures, models or weights or Generative AI Tools, or derive information from data included in the Site or the Service for any other purpose.

Subject to your compliance with this Agreement and your payment of any applicable fees, Ladher Sitters hereby grants You a limited, non-exclusive, non-transferable, non-licensable right to use the Site and Service.  All rights not expressly granted to You are reserved by Ladher Sitters.

  1. PAYMENT TERMS AND FEES;  PAYMENT PROCESSING

Any fees that Ladher Sitters may charge You for the Site and Service are due immediately when charged by Ladher Sitters, in accordance with the schedules and at the rates listed on the Site and Service and are non-refundable.  This no refund policy shall apply at all times regardless of your decision to terminate your Ladher Sitters account, Ladher Sitters’ decision to terminate your Ladher Sitters account, disruption caused to the Ladher Sitters Site and Service, either planned, accidental or intentional, or any reason whatsoever. Ladher Sitters reserves the right to determine and change any payment term, rate, mechanism, third-party Service Provider (as defined in Section 6 of this Agreement), or structure at any time. Ladher Sitters may from time to time offer special promotions or offers, but reserves the right to change or cancel any special promotion at any time.  We encourage You to check the Ladher Sitter’s website for the latest updates to payment terms.  Ladher Sitters may use third party services to process payments. While Ladher Sitters will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, Ladher Sitters expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and You agree to hold Ladher Sitters harmless for any damages that may result therefrom.

  1. CANCELLATION BY CLIENT;  TERMINATION OR SUSPENSION BY LADHER SITTERS

You can cancel your Ladher Sitters account, and remove your profile and information from the Site and Service, at any time.  To cancel, You must follow the instructions noted on the Site.  Cancellation and removal of your account, profile, and information from the Site and Service may not occur immediately, and may take time.

Ladher Sitters may terminate or suspend your right to use the Site and Service at any time and for any reason.  Without limitation, Ladher Sitters may terminate or suspend your right to use the Site and Service, if You violate any term of this Agreement, or if Ladher Sitters otherwise finds that You have engaged in unlawful or inappropriate behavior in connection with use of the Site and Service. In addition to terminating or suspending your account, Ladher Sitters reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.  Even after your right to use the Site and Service is terminated or suspended, this Agreement will remain enforceable against You.

You may still owe fees attributable to your use of the Site and Service prior to the effective date of cancellation, termination, or suspension.  You may still owe fees to any Sitter(s) that You identified and selected through the Ladher Sitters Site and Service, and with whom You entered into an arrangement for Childcare Services, including any arrangement for Childcare Services furnished prior to the effective date of cancellation, termination, or suspension.  Any charges for use of the Site and Service prior to the effective date of cancellation, termination, or suspension, or fees owed to Sitters for Childcare Services prior to the effective date of cancellation, termination, or suspension, must be paid on or before the effective date of cancellation, termination, or suspension.  Ladher Sitters and/or the Sitters reserve the right to send delinquent accounts for collection, if they remain unpaid, and to take all actions permitted under federal, state, and local laws to collect such accounts.

  1. INTELLECTUAL PROPERTY OWNERSHIP

Ladher Sitters alone shall own all right, title, and interest, including all related intellectual property rights, whether sounding in trademark, copyright, or patent, and whether federally registered or registrable, state registered or registrable, or not registered, in and to the Site and Service (including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content, and any source code respecting the same), together with all trade and business secrets respecting the Site and Service (collectively, the “Intellectual Property”).  This Agreement does not convey to You any rights of ownership in or related to the Site and Service, or any rights to any Intellectual Property owned by Ladher Sitters, and no right or license is granted to You or any Client or Sitter to use the same, without Ladher Sitters’ express and written authorization.  You hereby give Ladher Sitters a royalty-free, worldwide, sub-licensable, transferable license to copy or use in any manner any content or information You upload to the Site or through the Service, provided that Ladher Sitters follows the restrictions contained in its policies relating to privacy of your information, in Section 10, below.

  1. PRIVACY POLICY;  USE OF INFORMATION

Ladher Sitters has access to and collects the personal information that You submit when registering and using the Site and Service, including but not limited to, to the extent provided by You, items such as your name and other personal identifiers, e-mail address, home address, account name and password, phone number, credit card or other payment information, and other information that you disclose on Ladher Sitters’ Site and Service.  Ladher Sitters may also have access to and collect information about You through cookies, navigational data such as Uniform Resource Locators (URL), and other technologies for tracking users.  A cookie is a small piece of data containing a unique identification number that is sent to your browser from a server and is stored on your computer or other device’s hard drive.  The unique identification number identifies your browser to Ladher Sitters whenever you visit.  Cookies do not enable anyone to access personally identifiable information that You have not already given us.  Cookies and other data allow Ladher Sitters to track your use of the Site and Service, including the date and time of visits and the items viewed or searched, and can help Ladher Sitters in tailoring your experience with the Site and Service.  Ladher Sitters may collect information about the computer You are using, such as what internet browser You use, the kind of computer You use, and other information about how You use the Site and Service.  If you use a mobile device to access the Site and Service, Ladher Sitters may also collect additional information from your mobile device, such as unique device identification numbers or geolocation information.  You can set your browser to refuse to accept cookies, but some features of Site and Service then may not work properly, or You may not be able to use the Site and Service at all. Similarly, You may set your mobile device to refuse to provide certain information, but certain features of the Site and Service may not work without such information.

From time to time, Ladher Sitters may also collect information from users in other ways, whether directly or through third party companies, including but not limited to voluntary surveys, interviews, opportunities to review a Sitter online, or other mechanisms, to gather suggestions for improving the Site and Service, to assess Sitter performance, and to obtain feedback on Ladher Sitters’ own performance as a company.

Ladher Sitters uses the information collected from you to operate the Site and Service, and respond to your needs as a user.  This includes allowing You to access and view profiles of Sitters that may be available to furnish Childcare Services to you and Clients seeking services, based upon your geography and location, required services, dates and hours for which You seek services, preferred hourly rate and other information You provide.  Ladher Sitters uses your information to customize your user experience on the Site and Service, and to improve the Site and Service.  Ladher Sitters may use your information to collect and process payment information, which may include forwarding your payment information to third-party payment processors, and will use commercially reasonable efforts to keep such personal information secure through security methods customary for such types of transactions.  Ladher Sitters may use the information collected from You to create de-identified and aggregated data, such as statistics relating to the use of the Site and Service, notify You when updates are available, market and promote the Site and Service, fulfill any other purpose for which You provide us personal information, and for any other purpose for which You authorize us.

Ladher Sitters may share aggregated information for users of the Site and Service that includes non-identifying information and data with third parties for industry analysis, demographic profiling, and delivering targeted advertising about other products and services.  Ladher Sitters may share information provided by You in connection with engaging third party companies and individuals to facilitate or improve the Site and Service, to provide the Site and Service on Ladher Sitters’ behalf, to process payments, provide support, provide geolocation and other information to users, to perform website-related services (e.g., without limitation, maintenance services, database management, web analytics, and improvement of the Site and Service), or to assist Ladher Sitters in analyzing how the Site and Service are used.  These third parties have access to your personal information only to perform these tasks on Ladher Sitters’ behalf and are obligated not to disclose or use it for any other purpose other than the purpose for which Ladher Sitters discloses it to them.

Ladher Sitters may be required to cooperate with government and law enforcement officials, and with other third parties where necessary to enforce and comply with federal, state, or local law.  Ladher Sitters will disclose information about You, your account and your use of the Site and Service to government or law enforcement officials, or to other third parties as Ladher Sitters, in its sole discretion, believes necessary or appropriate to respond to audits, investigations, subpoenas, and other legal processes, whether in the context of criminal or civil matters, to protect the property and rights of Ladher Sitters, other users of the Site and Service, or third parties, to protect the safety of the public or any person, or to prevent or stop activity Ladher Sitters considers to be or to have the potential to be, illegal, unethical, or legally actionable.

In using your information in the ways described above, your information may be transmitted among employees and contractors working for Ladher Sitters, or to third parties Ladher Sitters uses for support and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which Ladher Sitters discloses it.

To the extent your information has been furnished by Ladher Sitters for marketing or other communications, and You no longer wish to receive such marketing or other communications, You may stop such communications by taking the steps directed in the marketing or other communications, or by emailing Ladher Sitters at [email protected].

Ladher Sitters is not responsible for the privacy practices of Clients, Sitters or third parties. Ladher Sitters expressly disclaims any liability that may arise from your use or provision of any of your information whatsoever to Clients, Sitters or third parties.

Ladher Sitters uses commercially reasonable measures to protect your information that may be under its control.  Such measures may change from time to time, depending on industry standards and perceived security risks. However, despite such measures, Ladher Sitters cannot guarantee the security of your information and disclaims liability for loss, misuse, and alteration of your information under its control to the maximum extent permitted under applicable federal, state, and local laws, rules, and regulations. By using the Site and Service, You agree to assume any security risk related to your personal information. You should report any known or suspected breaches of security of your information to Ladher Sitters by sending an email to [email protected].

  1. MODIFICATIONS

Ladher Sitters reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Site or Service, or any content or information on the Site or Service with or without notice.  Ladher Sitters will not be liable to any party for any modification or discontinuance of the Site or Service.

  1. GOVERNING LAW AND VENUE; DISPUTE RESOLUTION

Governing Law

This Agreement will be governed, construed, and enforced under the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

Binding Arbitration

If you and we are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

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 New York, New York, and you and we 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.

In no event shall any dispute brought by any party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then no party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

Restrictions

You and we agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

You and we agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

  1. SEVERABILITY

You and Ladher Sitters agree that if any portion of this Agreement is found illegal or unenforceable, that portion may be severed from this Agreement, to the minimum extent necessary, and the remainder of the Agreement will remain valid and enforceable to the maximum extent permitted by law.

  1. NO INDEPENDENT CONTRACTOR; LIMITED AGENCY

No independent contractor, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.  Sitters are not agents, representatives, or employees of Ladher Sitters; provided that Ladher Sitters is an agent of both Client and Sitter for the limited purposes of payments as set forth in Section 3 above.

  1. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between You and Ladher Sitters with respect to the subject matter contained herein and supersedes any previous version of this Agreement.

  1. NO WAIVER

Failure by Ladher Sitters to enforce any provision of this Agreement will not be construed as a waiver of any other provision or right hereunder.

  1. SUCCESSORS AND ASSIGNS

This Agreement will inure to the benefit of Ladher Sitters and its successors and assigns, and can be assigned by Ladher Sitters without any requirement for notice to You or others, as Clients.  This Agreement may not be assigned by you without the prior written consent of Ladher Sitters.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE TERMS AND CONDITIONS CONTAINED THEREIN, AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND HERETO.

Last Updated:  January 19, 2025