TEACHSITTER LLC

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TERMS OF SERVICE

Last updated:  11/14/23

Please read these Terms of Service carefully before using the TeachSitter Neutral Services Marketplace Platform.

 

INTERPRETATION AND DEFINITIONS

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INTERPRETATION

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The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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DEFINITIONS

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For the purposes of these Terms of Service:

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• Account means a unique record created for the End User, Tutor Service Provider, or Babysitter Service Provider to access the TeachSitter Neutral Services Marketplace Platform.

• Agreement is the approval and acceptance of using the TeachSitter Neutral Services Marketplace Platform provided by TeachSitter LLC.

• Babysitter Service Provider(s) means you are at least of the legally required age in the jurisdiction in which you reside (18 years of age) and are otherwise capable of entering into binding contracts and are seeking to perform short term babysitting services for the End User in the TeachSitter Neutral Services Marketplace Platform.

• Background Checks means a review process that is conducted before the Tutor Service Provider or Babysitter Service Provider can register on the TeachSitter Neutral Marketplace Platform and may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate.

• Company (referred to as either "TeachSitter", "We", "Us" or "Our" in this Agreement) refers to TEACHSITTER LLC, 3419 Westminster Ave. Suite 358-G Dallas, TX 75205.

• Content is defined as any information and materials you provide to TeachSitter, its Third Party Service Providers, or other Users in connection with your registration for and use of the TeachSitter Neutral Marketplace Platform and participation in TeachSitter promotional campaigns, including without limitation the information and materials posted or transmitted for use and refers to items on the website such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by the End User, Tutor Service Provider, or Babysitter Service Provider, regardless of the form of that content.

• Contract Agreement is your acceptance and agreement to the TeachSitter Terms of Service agreement and the TeachSitter Privacy Policy.

• Country refers to: United States

• Device means any device that can access the TeachSitter Neutral Marketplace Platform such as a computer, a smartphone or a digital tablet.

• Directory means a catalogue of Tutor Service Providers and Babysitter Service Providers.

• Dispute means any controversy or claim related to, arising from or regarding your use of the TeachSitter Neutral Marketplace Platform, your relationship with TeachSitter LLC, Services, or this Agreement (including previous versions).

• End User(s) means you are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older), and are otherwise capable of entering into binding contracts and refers to the use of the TeachSitter Neutral Marketplace Platform for short-term tutoring and babysitting assistance.

• End User Profile means the creation of an account which includes a summary made by an End User including their basic information such as general location, first name and last initial of their last name, background information and may include photographs or other content that is posted as the End User sees fit.

• Feedback means reviews and ratings of specific Tutor Service Providers and/or Babysitter Service Providers on the TeachSitter Neutral Marketplace Platform.

• Invoice includes the pricing terms of the Service provided by the Tutor Service Provider and/or the Babysitter Service Provider and agreed upon by the parties (“Service Payment”), any out of pocket expenses agreed upon by the parties and submitted in connection with the Service, the Service Fee TeachSitter assesses for the use of the TeachSitter Platform, and cancellation fees, if applicable.

• Liabilities are any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs.

• Listing refers to an entry posted by a Tutor Service Provider and/or a Babysitter Service Provider for tutoring or babysitting services.

• Notices are any agreements, announcements, disclosures, and/or other communications to which this Agreement refers electronically, including without limitation by email or by posting messages on the TeachSitter Neutral Marketplace Platform.

• Proprietary Material includes patent, trademark, trade secret, copyright, right of publicity or other rights.

• Provider Profile means the creation of an account which includes a summary made by a Tutor Service Provider and/or Babysitter Service Provider including their basic information such as general location, first name and last initial of their last name, background information and may include photographs or other content that is posted by them for marketing of their Service(s) for short term tutoring and/or babysitting services.

• PSP means a Payment Service Provider such as Stripe that facilitates the payment within the TeachSitter Neutral Marketplace Platform and between End Users, Tutor Service Providers, and/or Babysitter Service Providers which all are bound by the PSP Services Agreement with the Terms of Service by the PSP.

• Service(s) refers to act of Tutor Service Providers and/or Babysitter Service Providers providing tutoring and babysitting assistance.

• Service Agreement is an acceptance of a legally binding contract with an End User and Tutor Service Provider and/or Babysitter Service Provider for tutoring or babysitting services.

• Service Fee is the platform fee that TeachSitter LLC assesses to the End User and the to the Tutor Service Provider and/or the Babysitter Service Provider for TeachSitter providing a Neutral Marketplace Platform.

• Service Payment occurs when Tutoring and/or Babysitting services are purchased and a transaction occurs between the End User and the Tutor Service Provider and/or Babysitter Service Provider in which they are compensated for their work through the TeachSitter Neutral Marketplace Platform, which End Users pay at the hourly rate specified in the Listing, less a Service Fee.

• TeachSitter Neutral Marketplace Platform means the desktop website and/or mobile website provided by TeachSitter used by the End User, Tutor Service Provider, and Babysitter Service Provider on any electronic device for tutoring and babysitting services.

• Terms of Service mean these Terms of Service that form the entire agreement between the End User, Tutor Service Provider and/or the Babysitter Service Provider and TeachSitter regarding the use of the Service.

• Third-Party Service Providers means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available on the TeachSitter Neutral Services Marketplace Platform.

• Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available.

• Transaction is formed when an End User agrees on the Service Agreement with a Tutor Service Provider and/or Babysitter Service Provider for short term tutoring and/or babysitting services.

• Tutor Service Provider(s) means you are at least of the legally required age in the jurisdiction in which you reside (18 years of age), and are otherwise capable of entering into binding contracts and are seeking to perform tutoring services for the End User in the TeachSitter Neutral Services Marketplace Platform.

• User(s) refers to End Users, Tutor Service Providers, and/or Babysitter Service Providers collectively together using the platform for tutoring or babysitting Services.

• Website refers to TeachSitter, accessible from https://www.teachsitter.com

• You refers to an individual connecting by a digital device to the TeachSitter Neutral Services Marketplace Platform as an End User, Tutor Service Provider, or Babysitter Service Provider.

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ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS

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These are the Terms of Service governing the use of this Service and the Agreement that operates between You and TeachSitter LLC. These Terms of Service set out the rights and obligations of all Users regarding the use of the TeachSitter Neutral Services Marketplace Platform.

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Your access to and usage of the TeachSitter Neutral Services Marketplace Platform is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, Users, and others who access or use the Service.  TeachSitter LLC reserves the right, in our sole discretion, to modify these Terms of Service and any other documents incorporated by reference herein, at any time and without prior notice.

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By accessing or using the TeachSitter Neutral Services Marketplace Platform, You have read, understand, and agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

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Your access to and use of the TeachSitter Neutral Services Marketplace Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of TeachSitter. The TeachSitter Privacy Policy describes TeachSitter policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy at www.teachsitter.com/privacy-policy carefully before using our Service.

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A few highlights of these Terms of Service include:

• TeachSitter is a Neutral Services Marketplace Platform that enables Tutor Service Providers and/or Babysitter Service Providers to connect, interact, and coordinate the delivery of short term tutoring and babysitting Services with End Users.

• TeachSitter does not offer tutoring and child care services and is not a service provider.

• By registering as an End User, Tutor Service Provider and/or Babysitter Service Provider you hereby represent, warrant, understand, agree to and accept these Terms of Service and any applicable additional terms in their entirety on behalf of yourself whether or not you use the Service. You further understand and agree that you will ensure compliance with these Terms of Service and that you are responsible for any noncompliance.

• If You are a consenting End User, Tutor Service Provider and/or Babysitter Service Provider, you also agree that you are responsible for monitoring your Account, meetings, and communications both on and off the TeachSitter Neutral Services Marketplace Platform.

• Tutor Service Providers and Babysitter Service Providers are independent contractors of customers and not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of TeachSitter. TeachSitter does not perform babysitting or tutoring services and does not employ individuals to perform these services. By connecting End Users seeking services with Tutor Service Providers and/or Babysitter Service Providers, TeachSitter operates as a Neutral Online Services Marketplace Platform that connects End Users with Tutor Service Providers and/or Babysitter Service Providers who wish to perform short term babysitting and tutoring services.

• You hereby acknowledge that TeachSitter does not supervise, scope, direct, control or monitor Tutor Service Providers and/or Babysitter Service Providers work and expressly disclaims (to the extent permitted by law) any responsibility and liability for the Services performed in any manner, including but not limited to a warranty or condition of good services, or compliance with any law, statute, ordinance, regulation, or code.

• The TeachSitter Neutral Services Marketplace Platform enables connections between End Users and Tutor Service Providers and/or Babysitter Service Providers for the fulfillment of babysitting and tutoring services. TeachSitter is not responsible for the performance or communications of users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of End users, Tutor Service Providers, Babysitter Service Providers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. TeachSitter makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or Services provided by, or the communications of or between, Users identified through the TeachSitter Neutral Services Marketplace Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

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THE TEACHSITTER NEUTRAL MARKETPLACE SERVICES PLATFORM CONNECTS END USERS WITH TUTOR SERVICE PROVIDERS AND/OR BABYSITTER SERVICE PROVIDERS

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TeachSitter is a web based Neutral Services Marketplace Platform that enables End Users and Tutor Service Providers and/or Babysitter Service Providers to connect, interact, and coordinate the delivery of tutoring and babysitting services. TeachSitter does not control or direct the Tutor Service Providers and/or Babysitter Service Providers performance of their services or set their work locations or work hours. Tutor Service Providers and/or Babysitter Service Providers provide Services under their own name or business name, and not under TeachSitter’s name.  The TeachSitter Neutral Services Marketplace Platform is not an employment agency service and TeachSitter is not an employer of any Tutor Service Providers and/or Babysitter Service Providers. Tutor Service Providers and/or Babysitter Service Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into a Service Agreement and for performing the conditions set forth in the Service Agreement. Tutor Service Providers and/or Babysitter Service Providers acknowledge that there is a chance for individual profit or loss.  Tutor Service Providers and/or Babysitter Service Providers are independent contractors of customers and not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of the TeachSitter Neutral Services Marketplace Platform.

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Tutor Service Providers and/or Babysitter Service Providers provide their own tools and supplies to perform their services.  TeachSitter does not provide the tools or supplies. Tutor Service Providers and/or Babysitter Service Providers are free to maintain a client base without any restrictions from TeachSitter and are free to offer and provide their services elsewhere, including through competing platforms. TeachSitter does not set Tutor Service Providers and/or Babysitter Service Providers hours or terms of tutoring or babysitting. Tutor Service Providers and/or Babysitter Service Providers are free to accept or reject End Users. Tutor Service Providers and/or Babysitter Service Providers are not penalized for rejecting End Users, however, if a Tutor Service Provider and/or Babysitter Service Provider accepts an End User request for tutoring or babysitting service through the TeachSitter Platform, they are expected to fulfill their tutor and babysitter obligations by the acceptance of the Service Agreement by creating a Transaction. Tutor Service Providers and/or Babysitter Service Providers set their own rates for tutoring or babysitting services performed in the TeachSitter Neutral Services Marketplace Platform. TeachSitter does not employ, recommend, or endorse Tutor Service Providers or Babysitter Service Providers to the End User and we will not be held responsible or liable for their performance or conduct, whether online or offline.  TeachSitter makes no guarantees or warranties regarding the caliber of the services offered by Tutor Service Providers and/or Babysitter Service Providers.  TeachSitter does not guarantee any ratings or reviews provided by the End User, Tutor Service Provider, or the Babysitter Service Provider with respect to each other.

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TeachSitter does not offer training for Tutor Service Providers and/or Babysitter Service Providers. The correctness, comprehensiveness, or use of the information provided by the End User, Tutor Service Provider and/or Babysitter Service Provider cannot be guaranteed by TeachSitter.

 

End Users hereby acknowledge that TeachSitter does not supervise, scope, direct, control or monitor a Tutor Service Provider and/or Babysitter Service Provider on the TeachSitter Neutral Services Marketplace Platform and expressly disclaims (to the extent permitted by law) any responsibility and liability for the service performed and the services in any manner, including but not limited to a warranty of services, or compliance with any law, statute, ordinance, regulation, or code.  Before working with a Tutor Service Provider and/or Babysitter Service Provider, offering short term tutoring or babysitting services, or otherwise connecting with users via the TeachSitter Service, you should use prudence and independent judgment. The End User should make choices that are best for themselves and their children/minors and falls entirely on the responsibility of End Users, Tutor Service Providers and/or Babysitter Service Providers.  Additionally, Tutor Service Providers and/or Babysitter Service Providers will use judgement before accepting a request by an End User.

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Any reference on the TeachSitter Neutral Services Marketplace Platform to a Tutor Service Provider and/or Babysitter Service Provider being “accredited”, “licensed” or “credentialed” in some manner, or "amazing," “dependable,” “top,” “exclusive,” “great value,” "background checked," “evaluated” (or similar language) designations indicates only that the Tutor Service Providers and/or Babysitter Service Providers have completed the relevant account creation process for the TeachSitter Neutral Services Marketplace Platform and are marketing their services, and do not represent anything else.   Any such description is not an endorsement, certification or guarantee by TeachSitter on the TeachSitter Neutral Services Marketplace Platform. Tutor Service Providers and/or Babysitter Service Providers description of their skills or qualifications of whether they are “licensed”, “insured”, “trustworthy”, “safe” or “suitable” are solely their own description and must be confirmed by the End User. Any such description is intended to be useful information for End Users to evaluate when they make their own decisions about the identity and suitability of Tutor Service Providers and/or Babysitter Service Providers whom they contact or interact with via the TeachSitter Neutral Services Marketplace Platform.

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TUTOR SERVICE PROVIDERS AND BABYSITTER SERVICE PROVIDERS BACKGROUND CHECKS

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Background Checks

Tutor Service Providers and Babysitter Service Providers may be subject to a review process and background checks before they can complete their registration for and during their use of the TeachSitter Neutral Services Marketplace Platform, which may include but is not limited to:  Identity verification, right to work checks, and criminal background checks, using third party services as appropriate.  Although TeachSitter may perform background checks, TeachSitter cannot confirm that each Tutor Service Provider and/or  Babysitter Service Provider is who they claim to be, and TeachSitter cannot and does not assume any responsibility for the accuracy or reliability of background check information.  End Users while interacting with Tutor Service Providers and/or Babysitter Service Providers, should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. TeachSitter will not be liable for any false or misleading statements made by Users of the TeachSitter Neutral Services Marketplace Platform.

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END USER REPRESENTATIONS AND WARRANTIES

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All End Users represent and warrant that:

• By registering as an End User, you hereby represent, warrant, understand, agree to and accept all these Terms of Service and any applicable additional terms in their entirety on behalf of yourself and by making choices that are best for themselves and their child/minor and are completely at the discretion of the End User whether or not you use the Service. The End User further understands and agrees that they will ensure that their child/minor are in compliance with these Terms of Service and that they are responsible for any noncompliance by their child/minor.

• If you are an End User you also agree that you are responsible for monitoring the account of your child/minor as well as your child/minor's activities both on and off of the TeachSitter Neutral Services Marketplace Platform, including monitoring who your child/minor communicates with and meets both on and off the TeachSitter Neutral Services Marketplace Platform.

• As an End User, you are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older), and are otherwise capable of entering into binding contracts.

• As an End User you have the right, authority and capacity to enter into this Agreement and to abide by the Terms of Service and conditions of this Agreement, and that you will so abide.

• As an End User have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy.

• As an End User you will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Tutor Service Providers and/or Babysitter Service Providers and will not record (whether video or audio or otherwise) any Service or any interaction by or with any End User, Tutor Service Providers and/or Babysitter Service Providers in connection with the TeachSitter Neutral Services Marketplace Platform without the prior written consent of TeachSitter and/or the relevant User, as applicable.

• As an End User you will fulfill the commitments you make to the Tutor Service Provider and/or Babysitter Service Provider, communicate clearly and promptly through the chat thread, be present and available at the time agreed upon with your Tutor Service Providers and Babysitter Service Providers, and only utilize the PSP specified or approved by TeachSitter to make or receive payment for services provided through the TeachSitter Neutral Services Marketplace Platform.

• As an End User you will act professionally and responsibly in your interactions with other End Users, Tutor Service Providers and/or Babysitter Service Providers.

• As an End User you will use your real name and an up-to-date photo on your End User profile and listing requests.

• When using or accessing the TeachSitter Neutral Services Marketplace Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith.

• As an End User you will not use the TeachSitter Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.

• Other than as fully and promptly disclosed in writing to TeachSitter, you do not have any motivation, status, or interest that TeachSitter may reasonably wish to know about in connection with the TeachSitter Neutral Services Marketplace Platform, including without limitation, if you are using or will or intend to use the TeachSitter Neutral Services Marketplace Platform for any investigative or unlawful purpose.

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TUTOR SERVICE PROVIDERS AND/OR BABYSITTER SERVICE PROVIDERS REPRESENTATIONS AND WARRANTIES

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All Tutor Service Providers and Babysitter Service Providers represent and warrant that:

• Tutor Service Providers and/or Babysitter Service Providers using the TeachSitter Neutral Services Marketplace Platform, are operating as an individual, sole proprietor, partnership, limited liability company, limited liability partnership, or other business entity.

• Tutor Service Providers and/or Babysitter Service Providers are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older) and are otherwise capable of entering into binding contracts.

• Tutor Service Providers and/or Babysitter Service Providers have the unrestricted right to work in the jurisdiction in which they will be performing short term tutoring and babysitting services.

• Tutor Service Providers and/or Babysitter Service Providers are responsible for identifying and obtaining any required licenses, permits, or registrations before offering Services and undertaking Services.

• Tutor Service Providers and/or Babysitter Service Providers have any and all insurance required to operate and provide their Services.

• Tutor Service Providers and/or Babysitter Service Providers will honor commitments to End Users on the TeachSitter Neutral Services Marketplace Platform, including by responding to invitations promptly; performing the tutoring and babysitting service(s) as agreed upon with the End User; and providing timely, high-quality tutoring and babysitting services to End Users.

• Tutor Service Providers and Babysitter Service Providers will only offer and provide tutoring and babysitting Service(s) for which they have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

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CONTRACT BETWEEN END USERS AND TUTOR SERVICE PROVIDERS AND/OR BABYSITTER SERVICE PROVIDERS

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All End Users and Tutor Service Providers and/or Babysitter Service Providers represent and warrant that:

A legally binding contract with each other is created through a Transaction.  The Transaction is formed when End Users and Tutor Service Providers and/or Babysitter Service Providers agree on the terms of a tutoring or babysitting service. The Service Agreement is created and includes the engagement terms proposed and accepted on the TeachSitter Neutral Services Marketplace Platform, and any other contractual terms accepted by both the End User and the Tutor Service Providers and/or Babysitter Service Providers.

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TeachSitter is not a party to any Contract Agreement or Service Agreement created by the Transaction between the Turtor Service Provider and/or the Babysitter Service Provider and will not, under any circumstances, create an employment or other service relationship between TeachSitter and the Tutor Service Providers and/or Babysitter Service Providers, nor will it create an employment relationship between the End User and the Tutor Service Providers and/or Babysitter Service Providers. End Users do not have authority to enter into written or oral, whether implied or expressed, contracts on behalf of TeachSitter.

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While using the TeachSitter Neutral Services Marketplace Platform, the End User, in their sole discretion will determine whether they will be present or not when tutoring and/or babysitting services are performed. End User's who elect not to be present when tutoring and/or babysitting is performed, agree that if someone other than them books the tutoring and/or babysitting service on their behalf or is not present when the tutoring and/or babysitting is performed, they are appointing that person to have authority to use the TeachSitter Neutral Services Marketplace Platform and the Tutor Service Providers and/or Babysitter Service Providers may take direction from them. This direction will be as if given from the End User. If you are an End User and accessing and using the TeachSitter Neutral Services Marketplace Platform on behalf of another User/Child/Minor then you represent that you have the authority to act on their behalf and to bind that person as the principal to all provisions of the Terms of Service. The End User assumes full and sole responsibility for the acts and omissions of the tutoring and/or babysitting services provided.

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The End User shall pay their Tutor Service Providers and/or Babysitter Service Providers in full for all tutoring and/or babysitting services done via the PSP as indicated on the TeachSitter Neutral Services Marketplace Platform, at the rates agreed to by both the End User and Tutor Service Providers and/or Babysitter Service Providers in the Service Agreement.

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Only End Users and Tutor Service Providers and/or Babysitter Service Providers who are 18 years of age or older and who reside in the United States of America or any of it's territories or possessions are eligible to use the TeachSitter Neutral Services Marketplace Platform.  You represent and warrant that you are of legal age to enter into a contractual agreement in your state of residence, regardless of your age, and that you meet all of the aforementioned eligibility conditions by using or accessing the TeachSitter Neutral Services Marketplace Platform. You may not use or access the TeachSitter Neutral Services Marketplace Platform if you do not comply with all of these conditions.​

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BILLING AND PAYMENT

Only End Users and Tutor Service Providers and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform are allowed to contract for tutoring or babysitting services. TeachSitter will not be a party to any contracts for tutoring or babysitting services. Payment for the tutoring and babysitting services through the TeachSitter Neutral Services Marketplace Platform is made directly from the End User to the Tutor Service Providers and/or Babysitter Service Providers via the PSP, and not by TeachSitter LLC. TeachSitter LLC is not obligated to compensate Tutor Service Providers and/or Babysitter Service Providers for End User’s failure to pay for tutoring or babysitting services.  The service payment, service fee, and/or platform fee must be paid through the PSP. End Users of the TeachSitter Neutral Services Marketplace Platform will be required to provide their payment method details to the PSP through the TeachSitter Website in order to use the TeachSitter Neutral Services Marketplace Platform.  Tutor Service Providers and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform will be required to set up an account with the PSP, which may require any or all of the following:  Registration with the PSP, agreement with the terms of service of the PSP, and completion of a vetting process and/or account validation at the request of the PSP.

 

The PSP portal is accessed through the TeachSitter website.  By accepting these Terms of Service, each End User, Tutor Service Provider and/or Babysitter Service Provider of the TeachSitter Neutral Services Marketplace Platform agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that TeachSitter is not a party to the PSP Services Agreement and that You, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that TeachSitter has no obligations, responsibility or liability to any Tutor Service Providers and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform or other party under the PSP Services Agreement.

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To help prevent fraud and safeguard the End User information from the risk of unauthorized access, TeachSitter and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the End User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the services and expenses.

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Tutor Service Providers and/or Babysitter Service Providers are responsible for accurately invoicing the End Users for the work being performed, even if the Service is not completed in its entirety or is designated as “ongoing”. End Users will be responsible for paying the invoice(s) for each tutoring or babysitting service agreed upon by the parties, any out of pocket expenses agreed upon by the parties and submitted by the Tutor Service Providers and/or Babysitter Service Providers in connection with the tutoring or babysitting service.

 

The service fee TeachSitter LLC assesses as payable for the use of the TeachSitter Neutral Services Marketplace Platform.  This fee is used to offset TeachSitter’s cost of providing End Users with customer support, credit card processing fees, or other fees associated with the TeachSitter Neutral Services Marketplace Platform.  Tutor Service Providers and/or Babysitter Service Providers will be responsible for paying cancellation fees, if applicable, and repayment of erroneous payments.

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When the End User receives confirmation through the TeachSitter Neutral Services Marketplace Platform or via email that a tutoring or babysitting service has been completed, the End User automatically authorizes the PSP to process the Invoice(s). End Users may be billed a one-hour cancellation fee by the Tutor Service Provider and/or Babysitter Service Provider based upon the the hourly rate through the PSP if you book (or accept) a tutoring or babysitting service, but cancel it before (or fail to appear upon) the scheduled time.

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TeachSitter LLC reserves the right (but not the obligation) upon request from End Users or Tutor Service Providers and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform, or upon notice of any potential fraud, unauthorized charges or other misuse of the TeachSitter Neutral Services Marketplace Platform, to place on hold any Service Payment, out of pocket expenses, and/or refunds, or provide credits, or arrange for the PSP to do so.

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TAXES

End Users, Tutor Service Providers and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform will be liable and responsible for any taxes required to be paid on the Services provided under this Agreement.

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CONTESTS, GIFT CARDS, AND PROMOTIONAL CODES

TeachSitter may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of TeachSitter, and can be implemented, modified, or removed at any time by TeachSitter without advance notification.​  The use or application of any of these marketing items is solely intended as a promotional initiative and does not in any way create a relationship or engagement between TeachSitter with the End Users or the Tutor Service Providers and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform.  It does not constitute wages, fees, or other amounts paid to the Tutor Service Providers and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform.

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WEBSITE UPDATES AND UPGRADES

By using the TeachSitter Website, you consent to any updates or upgrades that are released through the TeachSitter Neutral Services Marketplace Platform.  The Application (including any updates or upgrades) may cause your device to automatically communicate with TeachSitter to deliver functionality and to record usage metrics, affect preferences or data stored on your device, and collect personal information as set out in our Privacy Policy. You can discontinue usage of the TeachSitter Neutral Services Marketplace Platform at anytime and delete your profile if you no longer choose to have these updates and upgrades to the website.

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ACCOUNT, PASSWORD, SECURITY, AND TELEPHONE COMMUNICATIONS

​End Users, Tutor Service Providers, and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform must register with TeachSitter and create an account to use the TeachSitter Neutral Services Marketplace Platform. You consent that you are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by TeachSitter LLC for accessing the TeachSitter Neutral Services Marketplace Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. TeachSitter has no control over the use of any End Users or Tutor Service Providers and/or Babysitter Service Providers of the TeachSitter Neutral Services Marketplace Platform account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you agree to notify TeachSitter immediately at support@teachsitter.com.  You acknowledge that telephone calls to or from TeachSitter, may be monitored and recorded for the purposes of quality control and training.  You verify that any contact information provided to TeachSitter and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify TeachSitter LLC at support@teachsitter.com.

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INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless TeachSitter from and against any and all Liabilities incurred in connection with your use or inability to use, or your participation on the TeachSitter Neutral Services Marketplace Platform, your participation in tutoring or babysitting services, or your ability or inability to perform or obtain the performance of tutoring or babysitting services or to receive payment. Therefore, your breach or violation of this Agreement, your violation of any law, or the rights of any User or third party, your failure to abide by your representations and warranties, any content submitted by you or using your account to the TeachSitter Neutral Services Marketplace Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful, and if you are an End User, the acts or omissions of any Tutor Service Providers and/or Babysitter Service Providers, your participation of meeting in person with a Tutor Service Provider and/or Babysitter Service Provider that could infect you with bacteria or virus such as Covid-19.  TeachSitter reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of TeachSitter.  Such notification can be emailed to: support@teachsitter.com or sent to:  TeachSitter, LLC., 3419 Westminster Ave.  Suite 358-G Dallas, TX 75205.

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NO LIABILITY

You acknowledge and agree that TeachSitter LLC is only willing to provide the TeachSitter Neutral Services Marketplace Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree to hold TeachSitter free of Liabilities that have arisen or may arise, relating to your or any other party’s use of or inability to use the TeachSitter Neutral Services Marketplace Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any End User, Tutor Service Provider and/or Babysitter Service Provider (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by TeachSitter, and any destruction of your User Content.

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Under no circumstances will TeachSitter or their Third Party Services Providers be liable, and you hereby release TeachSitter and their corporate partners from any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by TeachSitter, the cost of substitute products or services, or attorney’s fees and costs) arising out of or in any way connected with your use of or inability to use the TeachSitter Neutral Services Marketplace Platform for tutoring or babysitting services, even if advised of the possibility of the same.

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TeachSitter expressly disclaims any liability that may arise between Users of its TeachSitter Neutral Services Marketplace Platform. TeachSitter also does not accept any liability with respect to the quality or fitness of any tutoring or babysitting services performed via the TeachSitter Neutral Services Marketplace Platform.

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If, notwithstanding the foregoing exclusions, it is determined that TeachSitter or their Third Party Services Providers are 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 TeachSitter (if you are a User) or total service payments paid to you by End Users, if you are a Tutor Service Provider and/or a Babysitter Service Provider),during the 6 months prior to the time such claim arose, to the extent permitted by applicable law.

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Notwithstanding any damages that You might incur, the entire liability of TeachSitter and any of it's Third Party Services Providers under any provision of this Terms of Service shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't used tutoring or babysitting services through the TeachSitter Neutral Services Marketplace Platform.

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To the maximum extent permitted by applicable law, in no event shall TeachSitter be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the TeachSitter Neutral Services Marketplace Platform, third-party software and/or third-party hardware used with the TeachSitter Neutral Services Marketplace Platform, or otherwise in connection with any provision of this Terms of Service), even if TeachSitter has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

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NOTICES AND CONSENT TO RETRIEVE NOTICES ELECTRONICALLY

You consent to receive any agreements, Notices, disclosures and other communications to which this Terms of Service refers electronically, including without limitation by email or by posting Notices on the TeachSitter Neutral Services Marketplace Platform. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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CONSENT TO ELECTRIC SIGNATURES

By using the TeachSitter Neutral Services Marketplace Platform, you agree to transact electronically through the TeachSitter Neutral Services Marketplace Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.​

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USER ACCOUNTS

When You create an Account with TeachSitter, You must provide TeachSitter with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of Your account on the TeachSitter Neutral Services Marketplace Platform.  You are responsible for safeguarding the password that You use to access the TeachSitter Neutral Services Marketplace Platform and for any activities or actions under Your password, whether Your password is with TeachSitter or a Third-Party Social Media Service.  You agree not to disclose Your password to any third party. You must notify TeachSitter immediately upon becoming aware of any breach of security or unauthorized use of Your account.  You may not use as a username that is the name of another person, or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person, or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

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CONTENT

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Your Right To Post Content

Our Service allows Users to post Content. All Users are responsible for the Content that they post to the TeachSitter Neutral Services Marketplace Platform, including its legality, reliability, and appropriateness.

 

By posting Content to the TeachSitter Neutral Services Marketplace Platform, You grant TeachSitter the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the TeachSitter Neutral Services Marketplace Platform. You retain any and all of Your rights to any Content You submit, post, or display on or through the TeachSitter Neutral Services Marketplace Platform and You are responsible for protecting those rights. All Users agree that this license includes the right for TeachSitter to make Your Content available to other Users of the TeachSitter Neutral Services Marketplace Platform who may also use Your Content subject to these Terms of Service.  You represent and warrant that the Content is Yours (You own it) or You have the right to use it and grant TeachSitter the rights and license as provided in these Terms of Service, and the posting of Your Content on or through the TeachSitter Neutral Services Marketplace Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

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Content Restrictions & User Content

TeachSitter is not responsible for the Content from Users on the TeachSitter Neutral Services Marketplace Platform. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.

 

TeachSitter reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with the TeachSitter Terms of Service.  TeachSitter reserves the right to refuse or remove this Content. TeachSitter further reserves the right to make formatting and edits and change the manner any Content. TeachSitter can also limit or revoke the Your use of the TeachSitter Neutral Services Marketplace Platform if You post such objectionable Content.

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As TeachSitter cannot control all Content posted by Users and/or third parties on the TeachSitter Neutral Services Marketplace Platform, you agree to use the TeachSitter Neutral Services Marketplace Platform at your own risk. You understand that by using the TeachSitter Neutral Services Marketplace Platform You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will TeachSitter be liable in any way for any content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

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You are solely responsible for any Content, and we act merely as a passive conduit for Your online distribution and publication of Content. You acknowledge and agree that TeachSitter is not involved in the creation or development of User Content, disclaims any responsibility for User Content, and cannot be liable for claims arising out of or relating to User Content. Further, you acknowledge and agree that TeachSitter has no obligation to monitor or review Content, but reserves the right to limit or remove Content if it is not compliant with the terms of this Agreement.

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You hereby represent and warrant to TeachSitter that your Content will not be false, inaccurate, incomplete or misleading, will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items, will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality, will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy), will not be defamatory, libelous, malicious, threatening, or harassing, will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors, will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, will not claim or suggest in any way that you are employed or directly engaged by or affiliated with TeachSitter or otherwise purport to act as a representative or agent of TeachSitter; and will not create liability for TeachSitter or cause TeachSitter to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

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Feedback is the User’s opinion and not the opinion of TeachSitter, and has not been verified or approved by TeachSitter. You agree that TeachSitter is not responsible or liable for any Feedback or other User Content.  TeachSitter encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. TeachSitter is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement by contacting the support team at support@teachsitter.com.  Each End User should undertake their own research to be satisfied that a specific Tutor Service Provider and/or Babysitter Service Provider has the right qualifications for tutoring or babysitting services.

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TeachSitter respects the personal and other rights of others and expects Users to do the same. TeachSitter is entitled to identify a User to third parties who claim that their rights have been infringed by Content submitted on the TeachSitter Neutral Services Marketplace Platform, so that they may attempt to resolve the claim directly.

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If a User believes, in good faith, that any Content provided on or in connection with the TeachSitter Neutral Services Marketplace Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify TeachSitter. If a User discovers that Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify TeachSitter. Such notification can be emailed to support@teachsitter.com or sent to:  TeachSitter, LLC., 3419 Westminster Ave.  Suite 358-G Dallas, TX 75205.