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 BROADWAYBABYSITTERS.COM (the “Site”) and any related mobile applications or other user interfaces available to the public, and BROADWAY BABYSITTERS, LLC, a New York limited liability company (“Broadway Babysitters”). 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 Broadway Babysitters 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. Broadway Babysitters 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 Broadway Babysitters 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.
- PLATFORM ONLY; INDEPENDENT CONTRACTOR SITTERS
The Service offered by Broadway Babysitters 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”).
Broadway Babysitters furnishes the platform to allow Clients to connect with Sitters (and vice versa) only. Broadway Babysitters 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: Broadway Babysitters will furnish You with available Sitter candidates, based upon proximity to your geographic location, availability, home care needs, 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 Broadway Babysitters, and as such do not furnish Childcare Services to You or others, as Clients, for or on behalf of Broadway Babysitters. The Sitters are not agents of and do not have the authority to contractually or otherwise legally bind Broadway Babysitters to any agreements, obligations or understandings, and cannot make any representations, warranties, statements, or otherwise speak on behalf of Broadway Babysitters.
Sitters: Broadway Babysitters does not itself provide any Sitter Services to Clients, select, assign or otherwise match Sitters to Clients, or endorse any Sitters, either generally or with respect to any specific Sitter Services. Broadway Babysitters will furnish Clients with available Sitter candidates, based upon proximity of geographic location, your availability, 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. Broadway Babysitters 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 Broadway Babysitters, and as such do not furnish Sitter Services to Clients for or on behalf of Broadway Babysitters. You, as a Sitter, do not have the authority to contractually or otherwise legally bind Broadway Babysitters to any agreements, obligations or understandings, and cannot make any representations, warranties, statements, or otherwise speak on behalf of Broadway Babysitters.
Although Broadway Babysitters requires Sitters to submit limited background screening information, prior to being listed on the Site as being available to furnish Childcare Services, You acknowledge and agree that: (i) these background screenings are not conducted by Broadway Babysitters directly; (ii) these background screenings are furnished by third parties; (iii) Broadway Babysitters has relied upon the reports of such third parties as being accurate, complete, and correct; (iv) Broadway Babysitters makes no warranties or representations regarding the accuracy of information reported by the third parties on the background screenings, and neither bears nor assumes any responsibility or liability for any errors or omissions relating to such background screenings, and (v) any such background screenings do not absolve You of your responsibility to conduct your own independent review, investigation and selection process as you deem appropriate and sufficient to make your decision. Although Broadway Babysitters 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 Broadway Babysitters 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 Broadway Babysitters’ Site. Neither Broadway Babysitters, 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 Sitter Services to Clients, and reliance upon a Client for payment for Sitter Services, is solely at your own risk and you assume full responsibility for all risk associated therewith.
Broadway Babysitters 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 Sitter 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. Broadway Babysitters 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.
- TYPES OF SITTER SERVICES
Broadway Babysitters 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, Broadway Babysitters does not insure or otherwise cover as employees the Sitters. Instead, Broadway Babysitters acts as an intermediary and trusted payment platform only.
Types of Sitter Services: The types of Sitter services that Sitters provide are indicated on the Sitter’s profile.
- PAYMENT AGENT
As part of its furnishing of the platform to allow Clients and Sitters to connect, Broadway Babysitters will provide payment services to Client and Sitter as described in this Section 3. Client and Sitter each appoint Broadway Babysitters as their payment agent for the purposes of fulfilling all of their payment obligations for engagements facilitated through the Broadway Babysitters platform. Broadway Babysitters is authorized to deduct its fees and charges from payments due by Client to Sitter. Broadway Babysitters will provide Sitters with the appropriate IRS 1099 form on behalf of Client. Notwithstanding its obligations as payment agent, Broadway Babysitters is not responsible for making payments to a Sitter until funds are received by Broadway Babysitters from the Client.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD BROADWAY BABYSITTERS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, OFFICERS, DIRECTORS, PARTNERS, OR INVESTORS (COLLECTIVELY, “BROADWAY BABYSITTERS’ 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 CAREGIVER, 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 CLIENT, AS PROVIDED BY YOU ON THE SITE OR THROUGH THE WEBSITE PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS LEGALLY DETERMINED THAT ANY BROADWAY BABYSITTERS 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 BROADWAY BABYSITTERS, OR TO ANY SITTER, IN CONNECTION WITH THE USE OF THE SITE OR SERVICES OF, OR IN CONNECTION WITH ANY SITTER SERVICES, IN ANY 12-MONTH PERIOD BEFORE THE FILING OF THE CLAIM GIVING RISE TO SUCH DAMAGES.
USE OF BROADWAY BABYSITTERS’ SITE & SERVICES, AND YOUR SELECTION OF AND ENTERING INTO A CHILDCARE ARRANGEMENT WITH ANY SITTER, 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 BROADWAY BABYSITTERS’ 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 BROADWAY BABYSITTERS’ PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
- CLIENT CONDUCT; TERMINATION UPON UNACCEPTABLE CLIENT CONDUCT; INDEMNIFICATION
You agree that at all times during the term of this Agreement, You or others, 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, as Clients, fail to observe the prohibitions in this Section 5. You understand and agree that Broadway Babysitters shall have the right to terminate your access to the Site and Service in the event Broadway Babysitters discovers that You have failed to observe the prohibitions in this Section 5. You and all others on behalf of whom You contract, as Clients, hereby agree to indemnify, defend, and hold harmless the Broadway Babysitters’ 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. Broadway Babysitters reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which You must indemnify the Broadway Babysitters Parties, under this Section 5; provided, however, that Broadway Babysitters’ 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 Broadway Babysitters’ Parties, as required under this Section 5.
- CAREGIVER CONDUCT; TERMINATION UPON UNACCEPTABLE CAREGIVER 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 Sitter Services, should You, as a Sitter, fail to observe the prohibitions in this Section 5. You understand and agree that Broadway Babysitters shall have the right to terminate your access to the Site, Services, and Software, in the event Broadway Babysitters discovers that You have failed to observe the prohibitions in this Section 5. You, as a Sitter, hereby agree to indemnify, defend, and hold harmless the Broadway Babysitters 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. Broadway Babysitters reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which You must indemnify the Broadway Babysitters Parties, under this Section 5; provided, however, that Broadway Babysitters’ 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 Broadway Babysitters Parties, as required under this Section 5
- CLIENT CONDUCT; TERMINATION UPON UNACCEPTABLE CLIENT CONDUCT; INDEMNIFICATION
- TECHNOLOGY AND SECURITY MATTERS; THIRD PARTY WEBSITES; LICENSE AND USE OF SITE
You are the sole authorized user of your Broadway Babysitters account. You are responsible for maintaining the confidentiality of any password and all information relating or posted to your Broadway Babysitters 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 Broadway Babysitters account. Broadway Babysitters 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 Broadway Babysitters immediately.
Links (such as hyperlinks) from Broadway Babysitters to other websites, or posted by Sitters or Clients for other websites, do not constitute the endorsement by Broadway Babysitters of those sites or their content. Such links (such as hyperlinks) are provided for reference, information, convenience, or advertisement and marketing purposes only. Broadway Babysitters 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 Broadway Babysitters, and does not mean that Broadway Babysitters 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 Broadway Babysitters’ Site and website platform. The use of any website controlled, owned, or operated by parties other than Broadway Babysitters is governed by the terms and conditions of use and privacy policies for those websites, and not by Broadway Babysitters. You access such third-party websites at your own risk. Broadway Babysitters 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 Broadway Babysitters 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 Broadway Babysitters 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 Broadway Babysitters 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. Broadway Babysitters is not liable if you do not have a compatible computer or device. Broadway Babysitters 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 Broadway Babysitters 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 Broadway Babysitters, the Broadway Babysitters’ 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 Broadway Babysitters’ Site and Service. You will not try to harm the Site and Service in any way whatsoever. You will not copy, use, or distribute the Site and Service or other content without express, written permission from Broadway Babysitters. 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 us with whatever proof of identity we 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.
Subject to your compliance with this Agreement and your payment of any applicable fees, Broadway Babysitters 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 Broadway Babysitters.
- PAYMENT TERMS AND FEES; PAYMENT PROCESSING
Any fees that Broadway Babysitters may charge You for the Site and Service are due immediately when charged by Broadway Babysitters, 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 Broadway Babysitters account, Broadway Babysitters’ decision to terminate your Broadway Babysitters account, disruption caused to the Broadway Babysitters Site and Service, either planned, accidental or intentional, or any reason whatsoever. Broadway Babysitters reserves the right to determine and change any payment term, rate, mechanism, or structure at any time. Broadway Babysitters 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 our website for the latest updates to payment terms. Broadway Babysitters may use third party services to process payments. While Broadway Babysitters will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, Broadway Babysitters expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and You agree to hold Broadway Babysitters harmless for any damages that may result therefrom.
- CANCELLATION BY CLIENT; TERMINATION OR SUSPENSION BY BROADWAY BABYSITTERS
You can cancel your Broadway Babysitters 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.
Broadway Babysitters may terminate or suspend your right to use the Site and Service at any time and for any reason. Without limitation, Broadway Babysitters may terminate or suspend your right to use the Site and Service, if You violate any term of this Agreement, or if Broadway Babysitters 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, Broadway Babysitters 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 Broadway Babysitters 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. Broadway Babysitters 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.
- INTELLECTUAL PROPERTY OWNERSHIP
Broadway Babysitters 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 Broadway Babysitters, and no right or license is granted to You or any Client or Sitter to use the same, without Broadway Babysitters’ express and written authorization. You hereby give Broadway Babysitters 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 Broadway Babysitters follows the restrictions contained in its policies relating to privacy of your information, in Section 10, below.
Broadway Babysitters 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 Broadway Babysitters’ Site and Service. Broadway Babysitters 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 Broadway Babysitters 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 Broadway Babysitters 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 Broadway Babysitters in tailoring your experience with the Site and Service. Broadway Babysitters 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, Broadway Babysitters 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, Broadway Babysitters 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 Broadway Babysitters’ own performance as a company.
Broadway Babysitters 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, and other information You provide. Broadway Babysitters uses your information to customize your user experience on the Site and Service, and to improve the Site and Service. Broadway Babysitters 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. Broadway Babysitters 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.
Broadway Babysitters 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. Broadway Babysitters 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 Broadway Babysitters’ 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 Broadway Babysitters in analyzing how the Site and Service are used. These third parties have access to your personal information only to perform these tasks on Broadway Babysitters’ behalf and are obligated not to disclose or use it for any other purpose other than the purpose for which we disclose it to them.
Broadway Babysitters may 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. Broadway Babysitters will disclose information about You, your account, your use of the Site and Service, to government or law enforcement officials, or to other third parties as Broadway Babysitters, 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 Broadway Babysitters, 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 Broadway Babysitters 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 Broadway Babysitters, or to third parties we use to support Broadway Babysitters and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it.
To the extent your information has been furnished by Broadway Babysitters 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 Broadway Babysitters at [email protected].
Broadway Babysitters is not responsible for the privacy practices of other Clients, Sitters or third parties. Broadway Babysitters expressly disclaims any liability that may arise from your use or provision of any of your information whatsoever to Sitters or third parties.
Broadway Babysitters 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, Broadway Babysitters 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 Broadway Babysitters by sending an email to [email protected].
Broadway Babysitters 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. Broadway Babysitters will not be liable to any party for any modification or discontinuance of the Site or Service.
- GOVERNING LAW AND VENUE
This Agreement will be governed, construed, and enforced under the laws of the State of New York, without regard to choice of law principles. Any action arising under or related to this Agreement shall be filed in a state or federal court located in New York County, New York.
You and Broadway Babysitters 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.
- 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 Broadway Babysitters; provided that Broadway Babysitters is an agent of both Client and Sitter for the limited purposes of payments as set forth in Section 3 above.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between You and Broadway Babysitters with respect to the subject matter contained herein and supersedes any previous version of this Agreement.
- NO WAIVER
Failure by Broadway Babysitters to enforce any provision of this Agreement will not be construed as a waiver of any other provision or right hereunder.
- SUCCESSORS AND ASSIGNS
This Agreement will inure to the benefit of Broadway Babysitters and its successors and assigns, and can be assigned by Broadway Babysitters without any requirement for notice to You or others, as Clients.
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 YOUR AGREEMENT TO BE BOUND HERETO.
Updated: April 12, 2022