UNIVERSITY SITTERS, LLC

WEBSITE TERMS OF USE

Effective Sept 4, 2008.

Your Obligation

Welcome!  This website is provided by University Sitters, LLC, a California limited liability company (“University Sitters”).  By using universitysitters.com (the “University Sitters Website” or “Website”), you agree to be bound by the following terms and conditions (the “Terms of Use”).  If you do not agree to be bound by these Terms of Use or the Website’s Privacy Policy, do not use the Website.

General Terms

These Terms of Use apply to all users of the Website. The University Sitters Website is a web-based communication forum that facilitates the connection between families or individuals seeking child-care services (“Care Seekers”) and individuals who provide child-care services (“Sitters”) (collectively, “Users”).  The Website is only a communication forum that facilitates the connection between Users, and University Sitters does not participate in any of the interactions between Users in the actual performance of child-care services (“Services”).

Sitters are Independent Contractors, Not Agents or Employees of University Sitters

University Sitters provides a forum through its Website in which Care Seekers may browse, research, and retain Sitters that have been pre-screened by University Sitters.  In order to qualify as a Sitter eligible to perform Services for Care Seekers through the Website, each Sitter must satisfy certain criteria.  Nevertheless, Sitters are in no way agents or employees of University Sitters; each Sitter is an independent contractor.  University Sitters does not assume any responsibility for the actions or conduct of any Sitter.  Any contracts or employment relationships formed between Sitters and Care Seekers are strictly between themselves and do not obligate or involve University Sitters in any way.

Qualification of Sitters

Our Sitters are pre-screened by University Sitters.  As part of our screening process, Sitters must provide University Sitters with: (i) two references from clients for whom the applicant has previously provided child-care services; (ii) copies of the applicant’s valid driver’s license; (iii) copies of the applicant’s driving record from the California Department of Motor Vehicles; and, (iv) the applicant must conduct an interview with the University Sitters’ staff.  University Sitters does not conduct a criminal investigation or any other investigation of Sitter, or use any other qualification criteria except as expressly set forth above.  University Sitters is not responsible for and does not assume any liability with respect to any misstatements and/or misrepresentations made by a Sitter regarding their background, experience, driving record, or validity of car insurance or registration.  Nonetheless, if University Sitters discovers that a Sitter has provided false or misleading information, then University Sitters shall terminate its relationship with the offending Sitter.   

While University Sitters requires proof of car/vehicle insurance and registration, it does NOT require the Sitters to maintain liability insurance or to satisfy any form of bonding requirement.  University Sitters does not make any representation that any of its Sitters are licensed by any governmental agency.

University Sitters requires copies of the applicant’s driving record from the California Department of Motor Vehicles in order to determine whether the applicant has a history of safe driving.  University Sitters reserves the right to refuse any applicant whom, in University Sitters’ sole and absolute discretion, does not have a history of safe driving.      

Users hereby agree to indemnify, defend and hold University Sitters harmless for any claim or controversy that may arise from any dispute between Care Seekers and Sitters.  Any misstatements and or misrepresentations regarding a Sitter’s background, criminal history, age, experience, and/or eligibility for employment is not the responsibility of University Sitters.  University Sitters hereby disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any User of the Website.

Scheduling Policy

Care Seekers are able to browse a list of all available Sitters and read each Sitter’s profile.  Once Care Seeker has chosen Sitter, Care Seeker can send an e-mail through the Website to a Sitter to arrange a time for the Sitter to perform Services. 

Care Seekers can also get in touch with a member of the University Sitters staff in order to create a booking request. A Sitter will be contacted and confirmed by the Staff based on schedule compatibility and then Care Seeker will be given all contact information for this Sitter.  Sitter and Care Seeker are at this point responsible to make matters clear on bookings and any changes that would thereby alter the nature of the booking for the Sitter (including but not limited to time changes, number of children present, location, etc.).  University Sitters does not need to be contacted for this type of change unless the change causes the booked Sitter to then decline the job at which point University Sitters will attempt to find a replacement under the same terms of the guarantee (as listed in section titled “24 Hour Guarantee”).  Otherwise, the changes will be reflected at the point of billing.

Care Seekers may only contact Sitters and arrange for Services exclusively through the Website and/or University Sitters via telephone/email bookings.  Any arrangement established in circumvention of University Sitters is an express violation of these Terms of Use and shall result in Care Seekers subscription being cancelled and Sitter’s independent contractor agreement being terminated.  In addition, University Sitters at this point will have opportunity to seek the estimated damages incurred by the Care Seeker and Sitter from the Care Seeker and/or the Sitter.

Care Seekers shall be required to estimate the amount of time they require Sitter to perform Services.  Nevertheless, Care Seekers shall be responsible for paying for the amount of time actually spent by Sitter performing services, not the estimated time.  

Care Seekers are required to pay for at least three hours of service, per booking, at the appropriate rate per hour designated by the number of present children.  If the Care Seeker wants to book a sitter for less time, they may do so, as long as they agree to pay for the minimum number of hours (3). 

Care Seekers are responsible to pay for any lapses in time, or “breaks”, during a job that is less than or up to 3 hours.  If the Care Seeker does not wish to compensate at the full rate for this time (designated by the number of children present for the booking), Care Seeker is recommended to book two different Sitters.  In this case, one Sitter will come for the first portion of the booking (must be three hours to meet the minimum) and the second Sitter will come for the last portion of the booking (must be three hours to meet the minimum).

If a Care Seeker, for any reason, has another child to their house or booking at the time when a University Sitter is also present and performing a job, that Care Seeker is responsible for explaining or making that other family aware of the policy and terms of University Sitters.  In addition, this parent also assumes the liability of this additional child at that designated time.  The Sitter should be notified prior to the job if the extra child will be present and the original Care Seeker will be billed for this child in addition to their own unless different arrangements are made.

Cancellation Policy

Once a request has been placed and then confirmed by University Sitters, cancellation of services will result in a $15 fee unless within 24 hours of the requested time period.  If Care Seekers do not cancel by contacting University Sitters with a minimum of 24 hours before scheduled services , Care Seekers will be charged 75% of the cost of the scheduled request or the three hour minimum, whichever is more. 

24 Hour Sitter Guarantee

University Sitters guarantees that a Sitter will be available to perform Services within 24 hours of a request for Services being submitted through the Website IF and only if the booking is for the weekend or after 5pm on weekdays.  If University Sitters is unable to provide a Sitter within 24 hours, then Care Seeker will be entitled to receive one free booking fee ($15 value).   Care Seekers must be registered and current (in other words, paying) clients of University Sitters in order to take advantage of this guarantee.

Available Only in Select Areas in California

The Services provided by through the Website are only available to residents living in the geographical area of Santa Barbara,  Los Angeles, Long Beach, Orange County and San Diego, California.  At this time University Sitters does not offer Services to areas other than listed .  If you are unsure whether you are located in the listed areas of California area please contact University Sitters to determine whether Services can be provided. 

Website Subscription

Care Seekers are obligated to pay a monthly subscription for access to referrals to Sitters through the Website in the amount of $_30 per month with a 3 month commitment, $50 per month with less than 3 months commitment, or 15$ per individual booking (ie per day)in Santa Barbara, Los Angeles, Orange County or San Diego or 26$ per month and 13$ per booking in Long Beach._ (the “Website Subscription”).  University Sitters reserves the right to change, amend, or modify the pricing of the Website Subscription at anytime.  If Care Seeker re-subscribes after Care Seeker’s initial Website Subscription has expired, then Care Seeker shall be subject to the Website Subscription pricing as it exists at the time of re-subscribing.

Payment for Child-Care Services

In addition to the Website Subscription, Subscribers are required to pay for Services actually performed by Sitters.  Care Seekers are charged an hourly fee for Services performed by Sitters through the Website.  Care Seekers should not pay Sitters directly.  The rates that Sitters charge as compensation for all Services performed by Sitter are established by University Sitters.  The rates are based on the number of children and the amount of time actually spent performing Services, as follows:

Santa Barbara: 13.50/hr for one child plus two dollars per hour for each additional child

Long Beach: 11.50/hr one child, 13 for two children, 15 for three children, 16.50 for four children

Los Angeles (West), Orange County: 15.00/hr for one child plus 1.50 per hour for each additional child

San Diego: 13.5/hr for one child plus 1.5$ per hour for each additional child

Booking requests made within 24 hours of the start time are subject to an additional charge of 5$ on top of the 15$ booking fee or subscription charge. 

Holiday and special occasion rates may apply and client will be notified prior to the start of the sitting engagement.  

University Sitters hereby reserves the right to modify the compensation rates or the method of calculating the compensation rates at any time.  If University Sitters modifies the compensation rates or method of calculating the compensation rates, then University Sitters shall post any modification on the Website.  If Services are scheduled before a modification of rates, but performed after a modification, the rates as they were posted at the time the Services were scheduled shall apply. 

University Sitters has established a “Pay My Bill” page on the Website as well as a phone service whereby Care Seekers are required to pay for any Services performed by Sitter.  These are the only ways in which Care Seekers may pay Sitters for the Services performed.  At the conclusion of Sitter’s performance of Services, Care Seekers may not offer and Sitters may not accept any payment (whether by cash, check, credit card, or other form of payment) for the Services rendered at that time, other than customary tips in excess of the hourly fee.  Once the Care Seeker enters payment information and clicks the “Pay” button, the funds automatically transfer from the Care Seeker’s account and are allocated between the Sitter and University Sitters in accordance with the terms of any agreement between the Sitter and University Sitters.  Typically, University Sitters collects a 16-21% administration fee from the Sitters.

Reimbursement of Sitter’s Costs, Fees, and Expenses

If agreed to in writing in advance by a Care Seeker, Care Seekers are responsible for reimbursing Sitters for costs, fees, and/or expenses incurred by Sitter while performing Services, including, but not limited to gas, food, and/or entertainment.  University Sitters is NOT responsible for reimbursing Sitters for any costs, fees, or expenses incurred while performing any Services. 

Sitters are required to retain receipts for any costs, fees, and/or expenses incurred during the performance of Services and present such receipts to Care Seeker at the conclusion of the Services.  Sitters shall attach any reimbursable receipts to the Sitter’s copy of the final receipt. 

All gas used by the Sitter while performing a job (this includes all driving with children as well as any errand done for the benefit of the Care Seeker but is not to include transportation to and from the home of the Care Seeker as to “get to work”) for the Care Seeker must be reimbursed by the Care Seeker at the current IRS standard, currently for 2009 at 55 cents per mile.  This mileage must be clearly noted by the Sitter and submitted to the Care Seeker in order to be reimbursed.

Sitters will be amenable to drive a distance of up to 15 miles to get to a job from the college or from the sitter’s residence (whichever location is closer to the family residence) but any distance beyond that will need to be reimbursed by the Care Seeker at the IRS standard of gas compensation, currently 55 cents per mile.  This distance will be calculated using any of the online mapping programs (such as “Google Maps” or “Mapquest”).   

Failure to Pay Fee

If Care Seeker fails  to pay the any fees owing to University Sitters within 5 days of becoming due, then Care Seeker consents, and expressly authorizes, University Sitters to charge such fees to Care Seeker’s credit card or Paypal™ account without further notice. If such action is not immediately taken, University Sitters will charge after 5 days a late charge of 10$, and 5 additional dollars for each five consecutive non paid days. 

Third-Party Websites

The Website may contain links to third-party websites that are not owned or controlled by University Sitters.  University Sitters has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party website or third-party advertisements.  In addition, University Sitters shall not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve University Sitters from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the University Sitters Website and to read the terms and conditions and privacy policy of each other website that you visit.

Limitations on Access to Website

University Sitters hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you shall not copy or distribute any part of the Website in any medium without University Sitters' prior written authorization which may be withheld in its sole discretion; (iii) you shall not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you shall not use any part of the Website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales; (v) you shall not “meta-search” the Website or use an automated system that accesses the Website in a manner that sends more requests in a given time than a human could using a conventional online browser; and, (vi) you shall otherwise comply with the terms and conditions of these Terms of Use.

Intellectual Property Rights

The content on the University Sitters Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to University Sitters, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  University Sitters reserves all rights not expressly granted in and to the Website and the Content.  You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the University Sitters Website, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the University Website or the Content therein.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE UNIVERSITY SITTERS WEBSITE AND THE SERVICES OFFERED THEREIN SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIVERSITY SITTERS, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, SERVICES AND YOUR USE THEREOF.  UNIVERSITY SITTERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) DEFECTS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UNIVERSITY SITTERS WEBSITE.  UNIVERSITY SITTERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE UNIVERSITY SITTERS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UNIVERSITY SITTERS SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL UNIVERSITY SITTERS, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) DEFECTS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UNIVERSITY SITTERS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by University Sitters from its facilities in the United States of America.  University Sitters makes no representations that the University Sitters Website is appropriate or available for use in other locations.  Those who access or use the University Sitters Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless University Sitters, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (i) your use of and access to the University Sitters Website; (ii) any child-care services performed by a Sitter; (iii) your violation of any term of these Terms of Use; or (iv) your violation of any third-party right, including without limitation any copyright, property, or privacy right.  This defense and indemnification obligation shall survive these Terms of Use and your use of the University Sitters Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and agree to abide by and comply with these Terms of Use.  In any case, you affirm that you are over the age of 13, as the University Sitters Website is not intended for children under 13. If you are under 13 years of age, then please do not use the University Sitters Website—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by University Sitters without restriction.

Miscellaneous

You agree that: (i) the University Sitters Website shall be deemed solely based in California; and (ii) the University Sitters Website shall be deemed a passive website that does not give rise to personal jurisdiction over University Sitters, either specific or general, in jurisdictions other than California.  These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.  Any claim or dispute between you and University Sitters that arises in whole or in part from the University Sitters Website shall be decided exclusively by a court of competent jurisdiction located in Santa Barbara, California.  These Terms of Use, together with the Privacy Policy and any other legal notices published by University Sitters on the Website, shall constitute the entire agreement between Care Seekers and University Sitters concerning the University Sitters Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and University Sitters' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  University Sitters reserves the right to monitor any and all use of this website.  University Sitters reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. University Sitters reserves the right to terminate this website at any time and without notice in its sole discretion.  Your use of the University Sitters Website following any amendment of these Terms of Use shall signify your assent to and acceptance of its revised terms.  YOU AND UNIVERSITY SITTERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UNIVERSITY SITTERS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

UNIVERSITY SITTERS, LLC

PRIVACY POLICY

Effective February __, 2008.

Your privacy is very important to us at University Sitters, LLC, a California limited liability company (“we” or “us” or “University Sitters”).  This Privacy Policy applies to this website and all of the products and services offered by University Sitters and describes the principles and practices that apply to Personal Information (as defined below) collected from users of our services (“you”) on universitysitters.com (the “University Sitters’ Website” or “Website”), or in telephone or e-mail communications.

Simply put

·         We will not collect Personal Information without your knowledge and permission;

·         We will not knowingly disclose your Personal Information to third parties, except as provided in this Privacy Policy;

·         We will allow you to view, correct, or remove your Personal Information; and

·         We will take reasonable steps to protect the security of the Personal Information we collect from you.

Definitions

In this Privacy Policy, terms that commence with a capital letter are defined in this Section or in the first paragraph above.

• “Subscribed User” means an individual who has subscribed with the Website and paid the required subscription fee.  Subscribed Users choose a Subscribed User ID and a password.
• “Subscribed User ID” means the login name created by you (along with your password) to login to our Website.
• “Personal Information” means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred from the information.  This includes, for example, name, gender, age and gender of children, e-mail address, home or mailing address, credit card or Paypal™ account information, criminal history, age, race, and gender.
• “Services” means your access to the University Sitters website and databases contained therein.

Consent

BY SUBMITTING PERSONAL INFORMATION TO US, AND/OR BY USING OUR WEBSITE, YOU AGREE THAT WE MAY COLLECT, USE, AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW.

If you do not agree with these terms, do not provide any Personal Information to us.  If you refuse, withdraw your consent, or if you choose not to provide us with any required Personal Information, we may not be able to provide you with Services that can be offered on our Website.  Some of our Services are only available to those Subscribed Users who provide us with Personal Information.

Choices for Personal Information

When you subscribe to the Website, we ask you to provide Personal Information.  If we use this information in a manner different than the purposes for which it is collected, then we will ask for your consent prior to such use. 

If we propose to use Personal Information for any purposes other than those described in this Privacy Policy we will offer you an effective way to “opt-out” of the use of Personal Information for those other purposes.  We will not collect or use Personal Information for purposes other than those described in this Privacy Policy unless we have obtained your prior consent. 

Minors

Minors (as defined under the laws of their jurisdiction or residence) are not eligible to subscribe for or use Services available on our Website.  We do not knowingly collect Personal Information from any Minor, and we will not use such information if we discover that it has been provided by a Minor.

What Personal Information we collect 

We collect only such information as necessary to provide Services to you.

• When you are just visiting:  You can visit certain areas of our Website without signing in or revealing who you are.
• When you subscribe as a Subscribed User:  If you subscribe with us as a Subscribed User, we collect Personal Information that is necessary to provide the Services offered on our Website. We require that you provide such information as your name, home address, e-mail address, age, race, sex, birth date, the age and gender of your children, and credit card and Paypal™ account information.  You also need to create a login name and choose a password, which will be required to gain access to portions of our Website reserved for Subscribed User use.

How we use the Personal Information we collect

We use Personal Information in order to provide and enhance the Services offered on our Website:

• To provide tips or guidance on how to use our Website, inform you of new features on our Website, or provide other information that may be of interest to users;
• To personalize the service we provide to you, and to tailor your experience at our Website to your interests and needs;
• To send you e-mails about our services;
• To audit compliance with our policies and contractual obligations, including, but not limited to the Terms of Use;
• To ensure the technical functioning of our network;
• To develop new services;
• As permitted by, and to comply with, any legal or regulatory requirements or provisions; or
• For any other purpose to which you consent.

Aggregated Information

Aggregated information is information, recorded in any form, about more than one individual, where the identity of each individual is not known, and cannot be inferred from the information. We may use aggregated information to describe our user base to current or potential partners, investors, and advertisers; after a survey, to understand and respond to market needs and preferences; or to make recommendations to other users of our Website. 

What we do NOT do

We do not and will not, at any time, request your credit card information, SOCIAL SECURITY NUMBER, SUBSCRIBED User ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.  Identity theft and the practice currently known as “phishing” are of great concern to us.  Safeguarding information to help protect you from identity theft is our priority.  For more information about phishing, you may want to visit the Federal Trade Commission at http://www.ftc.gov/bcp/conline/pubs/alerts/phishingalrt.htm.

Disclosure without consent:

Please note that there are circumstances where the use or disclosure of Personal Information may be justified or permitted, or where University Sitters may be obligated to disclose information without consent.  Such circumstances may include, but are not limited to:

·         If required to comply with a subpoena, or warrant issued, or an order made by a court, person, or body with jurisdiction to compel the production of information, or to comply with the rules of a court with jurisdiction relating to the production of records.  If we receive a formal request to disclose your Personal Information in connection with a legal action, we will attempt to contact you about it, if permitted by law, via the e-mail address you provided during registration before we respond to that request.

·         If we believe in good faith that a law, regulation, rule, or guideline requires disclosure.

·         To a person who needs the information because of an emergency that threatens the life, health, or security of University Sitters, an identifiable person, or group as required or permitted by law.

·         Where it is necessary to collect monies owing to us.

How we protect Personal Information

University Sitters, and its Web Manager, employs physical, administrative, and technical safeguards to help protect the confidentiality and integrity of Personal Information, and to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of Personal Information.  When Personal Information is sent to our service providers, we require, in our contracts with them, that they protect all Personal Information in a manner consistent with the principles articulated in this Privacy Policy.

If you choose to contact University Sitters through the Website, you should be aware that any information transmitted electronically via the World Wide Web may not be secure.  University Sitters assumes no liability for the loss of any information or any damage that may result from the loss of such information that you transmit to us via the World Wide Web.

Requests for removal of Personal Information

If you request that we remove all of your Personal Information, we will promptly do so, to the extent possible.  Please remember that we may not be able to honor your request if we are legally obligated to retain that information.

Monitoring

University Sitters reserves the right to monitor and review, from time to time, any information transmitted or received through the Website or e-mail communications, for quality assurance and other purposes.  We reserve the right to censor, edit, remove, or prohibit the transmission or receipt of any information that University Sitters deems inappropriate or in violation of our Terms of Use.  During monitoring, the information may be examined, recorded, or copied by us.

Cookies

When you visit the University Sitters Website we send one or more cookies (a small file containing a string of characters) to your computer that uniquely identifies your browser.  We use cookies to improve the quality of our Website, Products, and Services by storing user preferences and tracking user trends, such as what people purchase.  Cookies do not contain any personally identifiable information, but rather information that is useful for our Website in customizing its appearance for you.  Nearly all modern Websites use cookies to enhance and make more efficient your experience.  Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.   Some features of our Website, however, may not function properly if your cookies are disabled.

Web Beacons

Our Website may contain electronic images known as web beacons, which are also called single-pixel gifs.  These images allow us to count users who have visited those pages and to deliver co-branded services.  Web beacons are not used to access your personally identifiable information, but are used to compile aggregated statistics about Website usage.

Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. 

Links

This Privacy Policy only applies to this Website.  For your convenience, the University Sitters Website may provide links to other websites.  When you click on one of these links, you are leaving our Website and entering another website.  We do not exercise control over the websites displayed as search results or links from within our various services and we are not responsible for such third-party websites.  These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you.  You should carefully review the privacy statements of any other websites you visit, because those privacy statements will apply to your visit to such other websites. 

User Communications

When you send e-mail or other communication to University Sitters, we may retain those communications in order to process your orders, answer inquiries, and respond to your requests and improve our products and overall service.

Changes to the Privacy Policy and Changes in Ownership

We may change or supplement this Privacy Policy from time to time in our sole discretion.  We may also undergo a change of ownership.  We will post an appropriate notice of changes to the Privacy Policy and changes in ownership on our Website.  Changes to the Privacy Policy will apply to the information collected from the date we post the revised Privacy Policy on the Website, as well as to existing information held by us.

If University Sitters becomes involved in a merger, acquisition, or any form of sale of some or substantially all of its assets, we will provide notice before Personal Information is transferred and becomes subject to a different privacy policy. 

If we decide to change this Privacy Policy in a material way, we will obtain the necessary consents required under applicable privacy laws, if we seek to collect, use, or disclose Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.  If any proposed change is unacceptable to you, you may request that we remove your Personal Information from our records.

Your California Privacy Policy Rights

Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (ii) the names and addresses of all such third parties.  To request the above information, please e-mail or write to us at the contact information provided below with reference to California Disclosure Information.

We will respond to such written requests within 30 days following receipt at the e-mail or mailing address stated below.  If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received.  Please note that we are only required to respond to each customer once per calendar year. 

Contact Information

If you have any questions or concerns about (i) access to Personal Information; (ii) the collection, use, management, or disclosure of Personal Information; (iii) this Privacy Policy or our information handling practices; or, (iv) with whom your Personal Information is shared, or if you need further assistance with respect to our Privacy Policy, you may contact us as indicated below.  We will attempt to respond to your questions or concerns promptly after we receive them.