CUSTOMER AGREEMENT

Terms and Conditions

PLEASE UNDERSTAND that Virtual Babysitting services (the “Services”) are not the same thing as actual babysitting, rather, it is instead a means of entertainment, education, and collaboration. You (“you” or “Client”) hereby acknowledge and agree that by accepting such virtual Services, you will maintain appropriate supervision, control and oversight of the child or children during the course of any virtual babysitting session. Virtual Babysitter’s Club, LLC (“VBC”, the “Company”, “we”, “us”, or “our”) has partnered with SELECTiON.COM®, a nationwide, veteran-owned, background screening company, comprehensively providing extensive background checks, specific to VBC’s virtual “babysitting” platform. SELECTiON.COM® will conduct background checks on all performers and entertainers desiring to provide “virtual” babysitting services to families that book sessions for their children through VBC’s platform. VBC does not have any obligation to update periodically these background checks and it is the obligation of the Client to conduct his or her own investigations with respect to any performer or entertainer. In connection and as consideration for utilizing such Services, Client hereby expressly agrees to VBC’s Code of Conduct Policy and Privacy Policy and to indemnify and hold VBC, its agents, employees, performers, entertainers, independent contractors and/or the successors and assigns of each of them, harmless from any and all claims or liability related to any injury to persons or property arising from, related to, or otherwise in connection with Client utilizing the Services. Client represents and warrants that client has parental or guardianship rights for any child who receives Services and has authority to allow any such child to receive the Services. In no event shall VBC be liable to Client or any other third party for any consequential, indirect, special, incidental or punitive damages. In no event shall VBC’s aggregate liability exceed the aggregate amounts paid or payable to VBC by Client or any other third party. Client represents and warrants that Client shall maintain and carry, at Client’s own expense, homeowners and/or renters insurance which covers the location where Client is receiving Services. For a period of six months after using the Services, Client agrees not to hire or use any performer, entertainer, or independent contractor involved in providing such Services for any similar virtual or in person babysitting/child entertainment services. These terms and conditions can be amended by VBC from time to time and Client agrees to comply with the most recent terms and conditions in effect at the time that the Services are rendered.

VBC reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions and its Code of Conduct and Privacy policy at any time and for any reason. Any such changes will be reflected as of the “Last updated” date of these Terms and Conditions and Code of Conduct and Privacy Policies, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions and policies to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions and policies by your continued use of the Services after the date such revisions are posted.

The information provided during the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to use VBC’s Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

VBC makes no guarantees regarding the functioning of or your access to our streaming platform provider (currently Zoom) or system.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive, worldwide, irrevocable, and perpetual rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

We reserve the right to change, modify, or remove the contents of our Services at any time or for any reason at our sole discretion without notice and we have no obligation to update any information about our Services. We also reserve the right to modify or discontinue all or part of our Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Services. Your continued use of our Services following any changes or modifications constitutes your acceptance of such change or modifications.

We cannot guarantee that our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Services during any downtime or discontinuance of our Services. Nothing herein will be construed to obligate us to maintain and support our Service offerings or to supply any corrections, updates, or releases in connection therewith.

Regarding any dispute, controversy, or claim arising from, related to, or otherwise in connection with these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), you agree, that by utilizing our Services you are accepting these Terms and Conditions of the Services, and the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org, and such arbitration shall be administered by the AAA. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitration will take place in Albany County, New York, and the Parties consent to, and waive all defenses of lack of personal jurisdiction, and forum non nonconviens with respect to the location of such arbitration. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration. Any arbitral decision shall be final and binding upon the parties.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms and Conditions.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

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

Notwithstanding the foregoing, the Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, or otherwise in connection with allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. All disputes arising from, related to, or otherwise in connection with the Services or the Terms and Conditions shall be governed by and construed in accordance with the laws of New York without regard to its conflict of laws rules.

© 2020 Virtual Babysitters Club
All Rights Reserved