By using High Line Sitters website, you agree to the following terms of service.
Use of personal data. We will not sell or disclose your personal information to any 3rd party marketers.
Employment. Babysitters are not our employees. All babysitters are independent contractors, and High Line Sitters is a referral agency for such babysitters. You are responsible for determining and agreeing with each babysitter the exact nature of the services to be provided and the manner in which such services will be carried out. You are solely responsible for payment of each babysitter you work with, in accordance with the rates described in HOW WE WORK. You are responsible for complying with all laws (including without limitation local, state and federal tax laws) that are applicable. By using this service, you agree to indemnify and hold us, our owners and employees from and against any claims against us arising out of or relating to your failure to comply with such laws.
Fees. In consideration of our services, we will charge you applicable fees as described in RATES. By using this service, you acknowledge that you understand and agree to these fees, which may change from time to time.
Non solicitation. During the term of this Agreement, and for a period of one (1) year following its termination or expiration, you agree not to: (i) solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship with us; or (ii) solicit any babybitter of whom you become aware through a referral by us to employ or contract with that babysitter for child-care services other than through our services. You agree that your breach of this section will cause substantial damages to High Line Sitters LLC, and the damage would be extremely difficult to quantify with any degree of certainty. In the event of such a breach by you, you will pay $5,000 in liquidated damages to High Line Sitters LLC as a reasonable estimate of such damages, and not as a penalty or punishment.
Background checks. We perform background checks on all babysitter candidates, and use certain third-party services to conduct these checks. While we believe these services to be reliable and reputable, we do not warrant the accuracy of the checks provided by any third party, and therefore are not responsible for any inaccurate results. We also conduct other reasonable due diligence (including but not limited to in-person interviews of candidates and telephonic checks of candidate references). Despite these and other reasonable efforts to work with only highly qualified candidates, we make no warranties or representations as to the quality of services to be provided by a particular babysitter.
Limitation of Liability. In no event will we be liable to you for any punitive, special, incidental or consequential damages in connection with this Agreement or the acts or omissions of any Baby Sitter. In no event will our liability to you for any claims by you under this Agreement exceed the greater of Booking Fees paid by you to us in the twelve (12) months preceding the claim or $1,000.
Disclaimer. We are not responsible or liable in any manner whatsoever for the acts or omissions of any Sitter while providing services to you or the loss or damage arising therefrom. To the extent permissible under applicable law, we make no warranties in connection with our services or the services provided by any baby sitter or independent contractor, and hereby disclaim all warranties of any kind, whether express, implied or statutory. You will indemnify and hold us, our owners and employees from and against any claims by you or any third party arising out of or relating to the acts or omissions of any baby sitter.
Amendments; Termination. We may amend this Agreement at any time upon notice posted to our website, and your continued use of this website constitutes your acceptance thereof. Otherwise, the Agreement may not be amended without the written agreement of both us and you. Either we or you may terminate this Agreement immediately upon notice to the other.
Miscellaneous. This Agreement will be governed by the laws of the State of New York. It constitutes the entire agreement between us and you, and supersedes any other prior or contemporaneous written or verbal representations by any party. If any portion of this Agreement is or is deemed to be invalid or unenforceable, the rest of this Agreement will remain in full force and effect.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.