...because you have better things to do with your time.

TERMS OF SERVICE[1]

 

Welcome to Sitahouse.com, a 21st century convenience provider brought to you by Sit A House, LLC, an Arizona limited liability company (“Sit A House”, “we”, “us”).  We connect people (each a “Client”) with insured independent contractors who are willing to wait on the Client’s behalf during the delivery or service windows set by, for example, the cable company, plumber, or general contractor, in return for some extra cash (each such independent contractor, a “Sitter”).  Our platform (e.g., our website, mobile application(s), and other media) (together the “Platform”) facilitates the introduction, agreement, and the transaction between the Sitters and Clients (each of whom is a “User”) involving booking and payment.  These terms and conditions apply to all Users and constitute a legal and binding contract between the User (including you) and us, Sit-A-House LLC, an Arizona limited liability company.

Among the matters covered by this Agreement are important covenants regarding intellectual property rights, limitations of liability and damages, and how claims that you and Sit A House may have against one another shall be resolved.  Importantly, this Agreement, with limited exception, requires you to submit all claims you have against Sit A House (or its Related Persons, as defined below) to binding and final arbitration on an individual basis and not as a plaintiff or member in any class, group or representative action or proceeding.  [As a Sitter, or Sitter-applicant, you may opt-out of the Arbitration Agreements within 30-days by following the procedures in Section 16, below.[2]

By clicking [below] and/or using our Platform, you acknowledge that you understand and agree to comply with and be bound by these terms and conditions of use (referred to herein as the “Agreement” and “Terms of Use”).  Please review all of the following terms and conditions carefully.  If you do not agree to these Terms of Use, you may not use the Platform or otherwise attempt to engage our services or those of our registered Users, in any way, including using our website, mobile app, or any other part of our Platform.  We expressly disclaim any intent to enter into any agreement, transaction, or relationship with any Client or Sitter involving our services except upon that person’s agreement and compliance with these Terms of Use.

1.                  Agreement. This Agreement may be modified at any time by Sit A House upon posting of the modified Agreement, and those modifications shall be effective immediately.  You can view the most recent version of these terms at any time at [provide link].  Each use by you of the Platform shall constitute and be deemed your unconditional acceptance of these Terms of Use, as then in effect.

2.                  Services. Sit A House offers its Platform as a means to match Clients with insured independent contractors who have met our requirements to become a Sitter, for potential sitting services.  Sit A House identifies potential Sitters, conducts an initial background check, verifies proof of Sitter’s insurance, and obtains the Sitter’s preferences for the kinds of sitting services that he or she is seeking to provide.  Sit A House also provides a means for potential Clients to post information about the potential services the Client is seeking to obtain, and to solicit potential Sitters.  A Client may choose to hire a Sitter through our Platform and we will coordinate the scheduling, help define the parameters of the sitting services (or “gig”), and facilitate Client’s payment to the Sitter (our “Services”) in return for a percentage convenience fee.  We match Clients and Sitters based on a number of factors including, without limitation, the time and location of the potential gig, Client and Sitter preferences (for example, the presence of, and/or services related to, pets), and Platform efficiency.  We also may make available on our Platform the ability for our Users to post and read reviews of individual Clients and Sitters to assist in evaluating whether or not to a potential Client or Sitter is right for their gig, based on what he or she is looking for.

A Sitter’s services may include, for example, delivery receiving, house sitting, overseeing another service provider (such as a general contractor or installation worker), and property access management.  Those Services are independent of the Services and not provided by Sit A House or its Related Persons (as defined in Section 16.  Sit A House does not provide Sitter services and by accepting this Agreement you acknowledge and agree that each Sitter is its own independent service provider and not an employee or agent of Sit A House.

3.                  Payment and Sitter Compensation.  Clients will pay the applicable fee for a Sitter’s services through the Platform by use of the credit card associated with the Client’s User account, in accordance with the applicable fee schedule in effect from time to time.  Sit A House will charge Sitter a percentage of the Client-paid amount (“Convenience Fee”) which is provided in the Sitter Addendum from time to time.  Sit A House will transfer to Sitter the aggregate amount paid by the Clients for whom Sitter provided its services, minus the aggregate related Convenience Fees due to Sit A House, on a weekly basis by Electronic Funds Transfer to one or more bank accounts designated by Sitter in its User account, as more fully described in the Sitter Addendum.

4.                  Privacy. Your use of our Platform is also governed by our Privacy Policy, which you also acknowledge and agree to as a condition to using the Platform.  Please review our Privacy Policy at [URL].[3]

5.                  Ownership. All content associated with the Platform is and shall remain the property of Sit A House or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights.  Any copying, redistribution, use or publication by you of any such content or any part of the Platform is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Platform.

6.                  Intellectual Property. Sit A HouseTM is a trademark of Sit A House.  Other product, service and company names mentioned on this Site may also be trademarks of Sit A House or their respective owners.  All intellectual property rights are reserved exclusively to the owners of the respective trademarks.

7.                  Use of Our Intellectual Property. Sit A House grants you a limited, revocable, nonexclusive license to utilize the features of its Platform, solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.  You agree not to copy materials on the Platform, including reverse engineer or break into any portion of it, or use materials, products or services in violation of any law.  Your use of the Platform is at the discretion of Sit A House and Sit A House may terminate your use at any time without notice, for any reason or no reason.

8.                  Eligibility.  No person may use the Platform who is not at least eighteen (18) years old and may form legally binding contracts under applicable law.  The Platform is not available to children or any person who has had his or her user account suspended or deactivated.  By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide this Agreement, and any agreement with other users that is facilitated through the Platform.

9.                  Sitter Representations and Warranties

(a)                You, as a potential Sitter and thereafter as a Sitter, represent and warrant to Sit A House and its Related Persons (as defined in Section 16(a)) that you understand and agree that your use of the Platform as a Sitter is conditional upon your acceptance and agreement with the Sitter Addendum as amended from time to time.  Furthermore, you acknowledge and agree that nothing in this Agreement or in the Sitter Addendum does, will, or shall, create an employee or agent relationship with Sit A House.  Specifically, you acknowledge, agree, represent, warrant and declare (for yourself and all of your my Related Parties) as follows (the “Declaration of Independent Business Status”):

(i)                 you operate as a Sitter as an independent business (meaning your work as a Sitter is a function of your independent activities and your use of the Services and use of the Platform is a convenience to you and the operation of your independent business);

(ii)               you are not an employee of Sit A House and not entitled to unemployment benefits or any other right from Sit A House (or its Related Parties) that is traditionally associated with an employee relationship; specifically you acknowledge that you are not insured through Sit A House’s workers’ compensation or health insurance policies, or those of any Client;

(iii)             you are responsible for all tax liabilities associated with payments received from a Client, Sit A House, or through the Platform;

(iv)             you are responsible for obtaining, maintaining, and paying for your own liability insurance in at least the amount set forth in the Sitter Addendum, as in effect from time to time;

(v)               you have the right to accept or decline requests for Sitter services through the Platform, but nothing herein establishes any obligation of any Client to engage your services;

(vi)             you are not economically dependent on your use of the Platform or on any services provided to you by Sit A House or any Client;

(vii)           Sit A House does not dictate the performance, methods, or process that you use in providing services as a Sitter or otherwise;

(viii)         you are responsible for all transportation, tools, equipment, accessories, costs and expenses associated with your services as a Sitter.

(b)               You further represent and warrant that you shall, initially in connection with your application to become a Sitter, and at any time thereafter as a Sitter upon our request, deliver to Sit A House a copy of the following, then effective and acceptable to Sit A House, at its sole and absolute discretion:

(i)                 your driver’s license;

(ii)               identifying information, including legal name, address (including past addresses within the last three (3) years), social security number, date of birth, and vehicle license plate numbers and state(s) of registration;

(iii)             proof of liability and other insurance of at least the minimum amount(s) required pursuant to the then-effective Sitter Addendum;

(iv)             acknowledgment of your agreement of the Sitter Addendum;

(v)               any other information requested by Sit A House from time to time.[4]

(c)                You further authorize Sit A House, or its designee(s), to conduct a criminal and other background check on you and your Related Persons at any time you are a registered User.

10.              Use of Information. Sit A House reserves the right, and you authorize us, to use and assign all information regarding Platform uses by you and all information provided by you to our Clients and/or in any other manner consistent with our Privacy Policy and this Agreement.  Notwithstanding the foregoing, Sit A House will take commercially reasonable steps to protect your sensitive information, such as your birthdate, social security number, address, and email address, from third party disclosure.  Notwithstanding the foregoing, however, you hereby authorize Sit A House to provide your name and address and other information relevant and pertinent to a particular gig to the respective Client or Sitter, as applicable, and, at our discretion, to any law enforcement authority.

11.              Compliance with Laws; Conduct. You agree to comply with all applicable laws, statutes, rules, permits, ordinances or regulations regarding your use of the Platform and in connection with any gig.  You further agree that all information provided by you is truthful and accurate to the best of your knowledge.  Furthermore, you agree that you will not (a) impersonate any person or entity; (b) stalk, threaten, or otherwise harass any person, or carry any weapons at any time during a gig or at any relevant time before or after any gig; (c) interfere with or disrupt the Platform or the servers or networks related or connected to any part thereof; (d) post information or interact on the Platform in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; (e) use the Platform in any way that infringes any third party’s rights, including, without limitation, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (f) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform; “frame” or “mirror” any part of the Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; (h) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform; (i) link directly or indirectly to any other web sites; (j) transfer or sell your User account, password and/or identification to any other party; (k) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or (l) cause any third party to engage in the restricted activities above.

12.              Indemnification. You agree to indemnify, defend and hold Sit A House and our Users, partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Platform.  You, as a Sitter, or potential Sitter, acknowledge and agree that this Indemnification may be supplemented in your Sitter Addendum, as amended from time to time, and it is your responsibility to remain current with same at all times.

13.              Certain Disclaimers.

(a)                The services, information, tools, and features of our platform are provided on an “as is,” “as available” basis.  You agree that use of the Platform is at your sole risk.  Sit a house disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you.  Your sole and exclusive remedy relating to your use of the Platform shall be to discontinue using the Platform and all of its features.

(b)               Sit a house is not and shall not be responsible for any content posted by any User on its Platform, including the content provided in the Platform’s reviews feature.  Any opinions or statements made therein are those of their respective authors and should not necessarily be relied upon.  Such authors are solely responsible for that content.  Under no circumstance will Sit A House be responsible for any loss or damage resulting from your reliance, or any other person’s reliance, on information or other content posted by third parties (including Users), whether on the Platform or elsewhere.

(c)                We do not warrant that our Services, or the Sitters’ services will be reliable, secure, always available, or will meet your requirements.

(d)               We cannot guarantee that each User (Client or Sitter) is who he or she claims to be.  We encourage you to act with due care, and we expressly disclaim any responsibility for any violation of this Agreement by another User.

14.              Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SIT A HOUSE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, YOUR PLATFORM USE, OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL OF YOUR PLATFORM USE.

YOU ALSO ACKNOWLEDGE AND AGREE THAT SIT A HOUSE DOES NOT CONTROL, INFLUENCE, OR MONITOR THE SITTERS AND IS NOT AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE RELATED DIRECTLY OR INDIRECTLY TO YOUR RELATIONSHIP OR CONTACT WITH ANY SITTER, OR LACK THEREOF.  SIT A HOUSE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ONGOING VETTING OF SITTERS APART FROM ITS INITIAL ONBOARDING PROCESS.  WHILE SIT A HOUSE MAY CONDUCT PERIODIC VERIFICATION OF ITS SITTERS INSURANCE AND CRIMINAL STATUS, IT DOES NOT UNDERTAKE TO DO SO WITH ANY PARTICULAR REGULARITY.  ANY SUCH SUPPLEMENTAL INVESTIGATIONS AND/OR INVESTIGATIONS SHALL NOT ESTABLISH OR BE DEEMED TO CREATE ANY IMPLIED OBLIGATION TO CONTINUE TO DO SO.

YOU ALSO ACKNOWLEDGE AND AGREE THAT SIT A HOUSE DOES NOT CONTROL, INFLUENCE, VET, OR SCREEN ITS CLIENTS OR THE GIG LOCATIONS AND IS NOT AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE RELATED DIRECTLY OR INDIRECTLY TO YOUR RELATIONSHIP OR CONTACT WITH ANY CLIENT, OR LACK THEREOF OR PRESENCE OR ABSENCE AT ANY LOCATION.[5]

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.  If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

15.              Platform and Services Continuity. The Platform, or any portion thereof, may be periodically unavailable for maintenance or for any other or no reason at all.  Sit A House reserves the right to remove or alter any content from the Platform for any reason, without prior notice.  Content removed may continue to be stored by Sit A House, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.  You also acknowledge that the internet may be subject to breaches of security and that your submission of content or other information may not be secure.

16.              Arbitration.  As more fully described below, with limited exceptions, you and Sit A House agree to waive our respective rights to pursue or resolve our disputes or claims in a court of law by a judge or a jury and agree to resolve any dispute(s) by binding individual arbitration.  This Section 13 (the “Arbitration Agreement”), is made in connection with one or more transactions involving commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §1, et. seq. As a Sitter or Sitter-applicant, you may opt-out of this Arbitration Agreement in accordance with subsection 16(e), below.  Further, certain exceptions to the mandatory arbitration (“Excepted Actions”) are described in subsection 16(g), below.

(a)                Arbitration. Unless you opt-out, all disputes and claims between you and Sit A House (whether or not such dispute involves a third party)(each a “Claim” and together the “Claims”) shall be exclusively resolved by binding arbitration solely between you and us.  Further, this Arbitration Agreement also applies to Claims against our respective affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, members, stockholders, and owners (“Related Persons”). This Arbitration Agreement also applies to claims between you and Sit A House’s service providers, including but not limited to background check providers and payment processors and their respective Related Persons.

 

            Except as otherwise expressly provided herein, this Arbitration Agreement is intended to apply to all disputes that otherwise would be resolved in a court of law or before a forum other than arbitration.  Applicable Claims include, without limitation, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Platform, the Services, any other goods or services made available through the Platform, your relationship with Sit A House, the threatened or actual suspension, deactivation or termination of your User account or this Agreement, background checks performed by Sit A House or on its behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Sit A House, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Sit A House and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims, including negligence. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by an arbitrator and not by a court or judge.

 

            By agreeing to arbitration, and except as expressly otherwise provided in this Arbitration Agreement, you understand and agree that you and Sit A House (and as applicable our Related Persons), shall resolve any and all Claims through final and binding arbitration on an individual basis only.  You and Sit A House are waiving the right to sue in court or have a jury trial for any and all Claims, except for Excluded Actions, and agree not to participate in any Claim, as a plaintiff or member of any class, by way of a class, collective, private attorney general or representative action.

(b)               Class Actions Prohibited.

           

            You understand and agree that you and Sit A House may each bring Claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“Class Action Waiver”). You understand and agree that you and Sit A House both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding. Notwithstanding the foregoing, this subsection (b) shall not apply to representative private attorneys general act claims brought against Sit A House, which are addressed separately in Section 16(c).

 

            The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis.  The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

 

            Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.[6]

(c)                Private Attorney General Actions.  Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Sit A House agree not to bring a representative action on behalf of others under any private attorney general statute (including, without limitation, the Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.,) (“PAGA”) in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Sit A House agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration.  To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d)               Arbitration Procedure.

(i)                 Generally.  Arbitration shall be conducted under the rules for arbitration of consumer-related disputes of the American Arbitration Association (“AAA”).  In the event the AAA is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Sit A House or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services (“JAMS”), utilizing the JAMS streamlined Arbitration Rules & Procedures.  Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules (or JAMS Rules if applicable) but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.  If neither AAA nor JAMS may set a hearing date within one hundred and sixty (160) days of filing the case, then the parties shall select in a different arbitrator who must be an attorney, judge, or arbitrator of the State of Arizona in good standing with a reputable arbitration association, and arbitrate utilizing the applicable rules of the arbitration association.  In conducting the arbitration, the arbitrator shall not apply any federal or state rules of civil procedure of evidence.

(ii)               Starting the Arbitration.  All claims in arbitration are subject to the same statutes of limitation that would apply in court.  The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period.  The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought.  Any demand for arbitration made to Sit A House shall be delivered to our then current Statutory Agent, as reflected in the records of the Arizona Corporation Commission (www.azcc.gov).  The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.  A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.

(iii)             Paying for the Arbitration.  Each party will pay the fees for his, her or its own attorneys and experts, subject to any remedies to which that party may later be entitled under applicable law (i.e., a party prevails on a Claim that provides for the award of reasonable attorney fees to the prevailing party, and the arbitrator makes such an award).  In all cases where required by law, Sit A House will pay the arbitrator’s and arbitration fees.  If, under applicable law, Sit A House is not required to pay all of the arbitrator’s and/or arbitration fees, those fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law.  Any disputes in that regard will be resolved by the arbitrator.[7]

(1)               If the arbitrator issues you an award that is greater than the value of Sit A House’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in Section 16(e) below, then Sit A House will pay you the amount of the award or U.S. $1,000, whichever is greater.[8]

(2)               If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator shall have the discretion to award Sit A House damages up to the amount of all of its attorney’s fees, costs, and other expenses incurred as a result of the Claim.

(iv)             The Arbitration Hearing and Award.  The parties will arbitrate their dispute before the arbitrator, who shall confer with the parties regarding the conduct of the hearing and resolve any disputes the parties may have in that regard.  Within thirty (30) days of the close of the arbitration hearing, or within a longer period as agreed to by the parties or as ordered by the Arbitration, any party will have the right to prepare, serve on the other party, and file with the arbitrator a brief in support of its case.  The arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Agreement.  The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law.  Except as may be permitted or required by law, as determined by the arbitrator, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.  Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.  Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

(v)               Location and Manner of Arbitration.  Unless you and Sit A House agree otherwise, any arbitration hearings between Sit A House and a Client will take place in the county of the Client’s billing address, and any arbitration hearings between Sit A House and a Sitter will take place in the county in which the Sitter primarily provides Services. If your Claim is for $10,000 or less, Sit A House agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules.  If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

(e)                Pre-Arbitration Negotiation.  Before initiating any arbitration or proceeding, you and Sit A House may agree to first attempt to negotiate any Claim between the parties informally for 30 days, unless this time period is mutually extended by you and Sit A House.  A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought.  All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

(f)                Arbitration Opt-Out. As a Sitter, Arbitration is not a mandatory condition of your contractual relationship with the Company.  If you do not want to be subject to this Arbitration Agreement, you may opt out of this Arbitration Agreement by notifying the Company in writing of your desire to opt-out of this Arbitration Agreement, either by (1) sending, within thirty (30) days of the date you first access the Site, electronic mail to [optout@SitAHouse.com], stating your name and intent to opt-out of the Arbitration Agreement or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to:

 

Sit A House LLC

Attn: Arbitration Opt-Out

[Street Address 1]

[Street Address 2]

[City, State Zip]

In order to be effective, the letter under option (2), above, must clearly state your intent to opt out of this Arbitration Agreement, and must be dated and signed.  The envelope containing the signed letter must be received (if delivered by hand) or post-marked within thirty (30) days of the date you first access the Site.  Your timely written opt-out election, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by the Company.

Notwithstanding Section 1 of this Agreement, in the event that Sit A House makes a change to this Arbitration Agreement, you may similarly opt-out of the amended Arbitration Agreement within 30-days following the date you first accessed the Site after its adoption if you follow the same procedure described above.  In that case, the most recent Arbitration Agreement, applicable to you, if any, shall still govern.

IF YOU DO NOT OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THE 30-DAY PERIOD, YOU AND THE COMPANY SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION AGREEMENT.  YOU HAVE THE RIGHT TO CONSULT WITH COUNSEL OF YOUR CHOICE CONCERNING THIS ARBITRATION AGREEMENT AND YOU AGREE THAT THIS 30 PERIOD IS AMPLE TIME TO DO SO.

(g)               Excepted Actions. This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) any Claim by the Company against a User who opted-out of the Arbitration Agreement; (3) any Claim related to Section 6 (Intellectual Property) or Section 7 (Use of Our Intellectual Property); (4) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 16(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (5) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (6) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.

 

            Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration.  However, if you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Agreement, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Agreement or settled by you.  Similarly, you may not recover money damages under this Arbitration Agreement if you have already adjudicated such claim with the NLRB.  Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement.

17.              Copyrights and Copyright Agent. In the event that materials are made available to this Platform by third parties not within our control, we undertake no obligation to, and do not, scan or otherwise review the content for illegal or impermissible content.  However, we respect the copyright interests of others.  It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Platform.  If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a)                An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)               A description of the copyrighted work that you claim has been infringed;

(c)                A description of where the material that you claim is infringing is located on the Site;

(d)               Your address, telephone number, and e-mail address;

(e)                A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)                A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement, and the address at which he can be contacted, is:

 

Sit A House

Attn: Copyright Agent

PO Box 2268
Sun City, AZ 85372

18.              Applicable Law. You agree that, except as otherwise expressly provided herein, the laws of the state of Arizona, without regard to conflicts of laws provisions, shall govern these Terms of Use.

19.              Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

20.              Waiver. The failure of Sit A House to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of this Agreement by Sit A House must be in writing and signed by an authorized representative of Sit A House.

21.              Termination. Sit A House may terminate this Agreement at any time, with or without notice, for any or no reason.

22.              Relationship of the Parties.  The Services of Sit A House with respect to Client and Sitter gigs are substantially limited to facilitating a Platform through which Clients and Sitters may enter into one or more Agreements between them.  Nothing contained in this Agreement or your use of the Platform shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

23.              Entire Agreement. This Terms of Use constitutes the entire agreement between you and Sit A House and governs the terms and conditions of your use of the Platform, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sit A House with respect to this Site, except that Sitters shall also be subject to any Sitter Addendum in effect from time to time.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Platform, including, without limitation, our Privacy Policy, Terms of Service.  Sit A House may revise this Terms of Use at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made.