Terms of Use and Privacy Policy

Smart Choice Sitters Terms of Use

Are you annoyed by long, confusing User agreements filled with legal jargon?

Hey, us too!  That’s why we’ve tried to make this one as short and easy to read as possible.

Here’s the summary:

When using our website and app, please be kind and please use good judgment.

We wish that our Terms of Use could end here but, alas, our legal advisors have informed us that we should list more details about the all the policies governing use of our website and app, which you’ll find below.

Enjoy!

1. Services We Provide

This agreement (“Terms of Use”) is between you, the (“User”) and Smart Choice Sitters LLC (“Smart Choice Sitters”). 

We allow Users seeking sitters (“Sitter Seekers”) to look for and post jobs for Users who offer to provide care (“Sitters”) via our website (www.SmartChoiceSitters.com) and app (referred to collectively as our “Platforms”).  We also allow Sitter Seekers and Sitters to communicate and share information.

By requesting to use, registering to use, and/or using the Platforms or the services, you attest that you have the right, authority, and capacity to enter into these Terms of Use and you commit to abide by all of the terms and conditions in these Terms of Use, including the Arbitration Agreement outlined in paragraph 9, which you may opt out of by following the procedure in paragraph 9.

2. User Responsibilities and Limitations of Our Services

We do not employ any of the Sitters on our Platforms.  Sitters are independent contractors for the families who hire them.

Sitter Seekers are the potential employers of Sitters and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax, and minimum wage laws).

By agreeing to these Terms of Use, Sitters attest that they are between the ages of 18-25 years old and are either college students or recent graduates who have achieved a minimum cumulative grade point average (GPA) of 3.0 at the time they register.  Each Sitter is required to upload images of their drivers license and most recent college transcript at the time they register to verify their age, student status, and GPA.  Smart Choice Sitters verifies that said images have been uploaded prior to approving a Sitter, but we do nothing further to screen Sitters.

Sitter Seekers must pay with a valid credit card in order to contact a sitter.  Sitter Seekers are also required to verify their e-mail addresses and encouraged to verify their cell phone numbers.  Smart Choice Sitters does nothing further to verify the identity of Sitter Seekers.

Any screening of a Sitter Seeker or Sitter and their information by Smart Choice Sitters is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s suitability as an employer or Sitter.

Sitter Seeker and Sitter content is primarily User generated, and we do not control or vet User generated content for accuracy other than verifying that Sitters have uploaded what we believe to be a valid student ID and drivers license. Smart Choice Sitters does not assume any responsibility for the accuracy or reliability of any information provided by Sitters or Sitter Seekers on or off the Platforms.

Sitter Seekers and Sitters agree that they are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Sitter Seeker or Sitter for themselves or their family.

Smart Choice Sitters is not responsible for the conduct, whether online or offline, of any Sitter Seeker, Sitter, or other User of the Platforms or services. Moreover, Smart Choice Sitters does not assume and expressly disclaims any liability that may result from the use of information provided on our Platforms.

All Users, including both Sitter Seekers and Sitters, hereby expressly agree not to hold Smart Choice Sitters (or Smart Choice Sitters’ officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in Smart Choice Sitters through their employer’s benefits program, hereinafter “Affiliates”) liable for the actions or inactions of any Sitter Seeker, Sitter, or other third party or for any information, instruction, advice or services which originated through the Platforms, and, to the maximum extent permissible under applicable law, Smart Choice Sitters and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the actions or inaction of any User.

Please visit our Platform at www.SmartChoiceSitters.com for recommendations on how to make more informed hiring and employment decisions. Each Sitter Seeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Sitter they select as well as that Sitter’s eligibility to work in the US.

3. Content

You hereby agree that you are responsible for any content you submit to the Platforms.

You will not post on the Platforms, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Smart Choice Sitters where this is not the case. You will not provide inaccurate, misleading, defamatory, or false information to Smart Choice Sitters or to any other User of the Platforms.

You understand and agree that Smart Choice Sitters may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of Smart Choice Sitters violates these Terms of Use or which Smart Choice Sitters determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Platforms or others.

You attest that you have the right, and hereby grant, to Smart Choice Sitters, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Smart Choice Sitters will not infringe or violate the rights of any third party.

Your use of the Platforms, including but not limited to the content you post on the Platforms, must be in accordance with any and all applicable laws and regulations.

Smart Choice Sitters is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided by Users of the Platforms.

We welcome your feedback and questions about the Platforms and services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Platforms, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Smart Choice Sitters and we may use all such communications, all without notice to, consent from, or compensation to you.

Opinions, advice, statements, offers, or other information or content made available on the Platforms or through the Platforms, but not directly by Smart Choice Sitters, are those of their respective authors. Such authors are solely responsible for such content. Smart Choice Sitters does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platforms or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platforms or through the Service. Under no circumstances will Smart Choice Sitters or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Platforms or transmitted to or by any User of the Platforms or Service; or b) reviews or comments made about you on the Platforms by other Users.

You agree that Smart Choice Sitters has no obligation to remove any reviews or other information posted on the Platforms about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.

To the maximum extent permitted by law, Smart Choice Sitters disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any Users of the Platforms. Users hereby represent, understand and agree to hold Smart Choice Sitters harmless for any misstatements and/or misrepresentations made by or on behalf of them on the Platforms or in any other venue.

4. Prohibited Uses

By using the Platforms or Services of Smart Choice Sitters, you agree that you will not:

• use the Platforms, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the Platforms or services for any fraudulent or unlawful purpose, for any purpose not expressly intended by Smart Choice Sitters or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another User’s Smart Choice Sitters account;
• provide false or inaccurate information when registering an account on Smart Choice Sitters, using the Services or communicating with other Registered Users;
• attempt to re-register with Smart Choice Sitters if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
• interfere or attempt to interfere with the proper functioning of Smart Choice Sitters Platforms;
• use the communication systems provided by or contacts made on Smart Choice Sitters for any commercial solicitation purposes;
• publish or link to malicious content intended to damage or disrupt another User’s browser or computer

In order to protect Users, Smart Choice Sitters reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Platforms.

5. Termination of Registration

Should Smart Choice Sitters determine that you are not eligible to use the Platforms or services for any reason, including that you are a Sitter who is no longer aged 18-25, have violated any of the Terms of Use, are not suitable for participation as a User, or have mis-used or mis-appropriated Platform content, Smart Choice Sitters reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Smart Choice Sitters Platforms and/or services, to remove your profile and/or any content posted by or about you from the Platforms, and/or to terminate your registration in Smart Choice Sitters, with or without notice. Upon termination, Smart Choice Sitters shall be under no obligation to provide you with a copy of any content posted by or about you on the Platforms.

Smart Choice Sitters also reserves the right, in its sole discretion, to terminate your access to all or part of the Smart Choice Sitters Platforms and/or Services, to remove your profile and/or any content posted by or about you from the Platforms, and/or to terminate your registration in Smart Choice Sitters, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual’s use of the Platforms or the Services, Smart Choice Sitters reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character or general reputation.

6. Privacy

Smart Choice Sitters will only use the information you provide on the Platforms or via the services or other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

7. Links to External Platforms

Links from the Platforms to external Platforms or inclusion of advertisements do not constitute an endorsement by Smart Choice Sitters of such Platforms or the content, products, advertising, and other materials presented on such Platforms or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience.

Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other Platforms. Smart Choice Sitters does not control such Platforms, and is not responsible for their content. Just because Smart Choice Sitters has hyperlinks to such Platforms does not mean that Smart Choice Sitters endorses any of the material on such Platforms, or has any association with their operators.

Users further acknowledge that use of any Platforms controlled, owned, or operated by third parties is governed by the terms and conditions of use for those Platforms, and not by Smart Choice Sitters’ Terms of Use and Privacy Policy. Smart Choice Sitters expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Platforms. All Users hereby agree to hold Smart Choice Sitters harmless from any liability that may result from the use of links that may appear on the Platforms.

8. Payment, Billing, and Refund Policy

In order to utilize some Smart Choice Sitters services, the User of such services or product offerings must pay Smart Choice Sitters either a recurring subscription, one-time, or other fees. In addition, the User is responsible for any state or local sales taxes associated with the Services or product offerings purchased.

8.1 Billing and Payment

If you sign up for a Smart Choice Sitters paid membership subscription, you agree to pay Smart Choice Sitters all subscription charges associated with the plan you subscribe to as described on the Platforms at the time you subscribe and provide your payment information. You also authorize Smart Choice Sitters to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. Smart Choice Sitters reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent you elect to purchase other services or product offerings we may offer for a fee, you authorize Smart Choice Sitters to charge your chosen payment provider for the services and/or products you purchase. You agree that if Smart Choice Sitters already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services/products you purchase.

8.2 Automatic Subscription Renewal and Cancellation

Smart choice sitters paid membership subscriptions may continue indefinitely until cancelled by the User. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription may automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Platforms when you originally subscribed, unless otherwise provided at the time you subscribed. If you sign up for a payment plan that allows you to be charged monthly over the subscription period and you decide to cancel your subscription during the subscription period, you acknowledge and agree that you will continue to be billed for the subscription on a monthly basis until its originally scheduled expiration date.

You may cancel your paid membership subscription by following the instructions on your profile page or contacting Smart Choice Sitters customer service department at welovetoserve@smartchoicesitters.com.  After you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires.

8.3 Refund Policy

Except as set forth in these Terms of Use or as described on the Platforms at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. If you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if (i) you have not used your subscription during the current subscription renewal period and (ii) you downgrade or cancel your membership and request a refund of the most recent charge to your credit card within thirty (30) days of the most recent charge. Any such refunds will apply only to the most recent charge, regardless of how such refund request is made, for example, whether to Smart Choice Sitters or to your credit card company. Additionally, if you are a Sitter Seeker and you post a bona fide job during your initial paid membership subscription period, we will refund your initial paid membership subscription charge if (a) you do not receive any responses to your first job posting within five (5) days of posting and (b) you contact us within thirty (30) days of your initial subscription charge to downgrade or cancel your membership and have not continued to use your account within that period. In addition, Smart Choice Sitters reserves the right to immediately downgrade or cancel your membership after payment of your refund. Smart Choice Sitters is not required to provide refunds or credits under any other circumstances, but we will do our best to ensure that you are completely satisfied with your Smart Choice Sitters experience.

9. Limitation of Liability

9.1 Incidental Damages and Aggregate Liability

In no event will Smart Choice Sitters be liable for any indirect, special, incidental, or consequential damages, losses, or expenses arising out of or relating to the use or inability to use the Platforms or services, including without limitation damages related to any information received from the Platforms or services, removal of content from the Platforms, including profile information, any email distributed to any User or any linked websites or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Platforms or services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Smart Choice Sitters, or representatives thereof, are advised of the possibility of such damages, losses, or expenses. Under no circumstances will Smart Choice Sitters’ aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services or the Platforms, exceed the price paid by you for your account, or, if you have not paid smart choice sitters for the use of any services, the amount of US$ 25.00.

9.2 No Liability for non-Smart Choice Sitters Actions

To the maximum extent permitted by applicable law, in no event will Smart Choice Sitters be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platforms or the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from anyone’s reliance on information or other content posted on the Platforms, or transmitted to or by any Users or any other interactions with other registered Users of the Platforms or services, whether online or offline. This includes any claims, losses or damages arising from the conduct of Users who have registered under false pretenses or who attempt to defraud or harm you.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Platforms is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Smart Choice Sitters makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platforms. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

9.3 Indemnification

By agreeing to these Terms of Use, Users of the Platforms and services agree to indemnify, defend, and hold harmless Smart Choice Sitters and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Smart Choice Sitters and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Platforms, or (ii) use of the Platforms or services by you in violation of these Terms of Use or in violation of any applicable law.

10. Agreement to Arbitrate

10.1 Agreement to Arbitrate

This Section 10 of the Terms of Use is referred to as the “Arbitration Agreement.”  Unless you opt-out in accordance with the “opt-out procedures” outlined below, you agree that any and all disputes or claims that have arisen or may arise between you and Smart Choice Sitters or a Smart Choice Sitters Affiliate, whether relating to these Terms of Use (including any alleged breach of the Terms of Use), the Platforms, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

10.2 Prohibition of Class and Representative Actions

You and Smart Choice Sitters agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Smart Choice Sitters agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other smart choice sitters Users.

10.3 Pre- Arbitration Dispute Resolution

Smart Choice Sitters is always interested in resolving disputes with kindness, compassion, and efficiency. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at welovetoserve@SmartChoiceSitters.com or at:

Smart Choice Sitters LLC
Attn: Legal Department

41 Peabody St.

Nashville, TN 37210

10.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 9. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

To commence arbitration against Smart Choice Sitters, you must complete a short form, submit it to the AAA, and send a copy to Smart Choice Sitters at Smart Choice Sitters LLC, Attn: Legal Department

41 Peabody St., Nashville, TN 37210. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Smart Choice Sitters may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Smart Choice Sitters subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Smart Choice Sitters, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of Tennessee, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Smart Choice Sitters Users, but is bound by rulings in prior arbitrations involving the same Smart Choice Sitters User to the extent required by applicable law.

10.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Arbitration Agreement. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Smart Choice Sitters will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Smart Choice Sitters will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Smart Choice Sitters for all fees associated with the arbitration paid by Smart Choice Sitters on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

10.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

10.7 Severability

If a court decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.

10.8 Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to Smart Choice Sitters LLC, Attn: Legal Department, 41 Peabody St., Nashville, TN 37210. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Smart Choice Sitters account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms of Use will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

10.9 Future Changes to this Arbitration Agreement

You and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Smart Choice Sitters prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms of Use, such termination shall not be effective until 30 days after the version of these Terms of Use not containing the Arbitration Agreement is posted to the Platforms, and shall not be effective as to any claim that was filed in a legal proceeding against Smart Choice Sitters prior to the effective date of removal.

11. Governing Law and Jurisdiction

These Terms of Use, and any dispute between you and Smart Choice Sitters, shall be governed by the laws of Tennessee without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 10, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Smart Choice Sitters must be resolved exclusively by a state or federal court located in Tennessee. You and Smart Choice Sitters agree to submit to the personal jurisdiction of the courts located within the Tennessee for the purpose of litigating all such claims or disputes.

12. Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for in these Terms of Use or authorized in writing by the party to be bound. The invalidity, illegality, or unenforceability of any term or provision of these Terms of Use shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms of Use. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms of Use shall be enforceable as so modified. Each Affiliate is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto.

13. Contact Information

If you have any questions or need further information as to the Platforms or Services provided by Smart Choice Sitters, or need to notify Smart Choice Sitters as to any matters relating to the Platforms or services please contact Smart Choice Sitters at welovetoserve@smartchoicesitters.com or:

Smart Choice Sitters LLC
Attn: Legal Department

41 Peabody St.

Nashville, TN 37210

Smart Choice Sitters Privacy Policy

1. Terms

This privacy policy between You, “the User”, a person who visits our website or app and/or uses either in any way, (“User”) and Smart Choice Sitters LLC (“Smart Choice Sitters”). 

We allow Users seeking sitters (“Sitter Seekers”) to look for and post jobs for Users who offer to provide care (“Sitters”) via our website (www.SmartChoiceSitters.com) and app (referred to collectively as our “Platforms”).  We also allow Sitter Seekers and Sitters to communicate and share information.

By using the Platforms, you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy.

2. Information We Collect

We collect both “Personal Information” and “Non-personal Information” about our users. In this policy, Personal Information is information that can be used to contact or identify you, such as your full name and email address, and information that is linked to such information. “Non-personal Information” is information that cannot be used to contact or identify you and is not linked to information that can be used to contact or identify you and includes passively collected information about your activities on our Platform, such as usage data, to the extent that information is not linked to your Personal Information.

Users can access and browse certain portions of the Platform without disclosing Personal Information, although, like most websites, we passively collect certain information from your computer, such as your IP address and web browser user agent, when you browse the Platform. Visitors who access and browse the Platform without registering are “Platform Visitors”. In order to utilize some of the Services offered by Smart Choice Sitters, you must register with Smart Choice Sitters. All users who register with Smart Choice Sitters are “Users”.

3. Information you provide

Regardless of whether you are a Platform Visitor or a Registered User, all Personal Information that you provide to us when registering, posting a job, posting a profile, communicating through the Platform, discussing care options over the phone, email or postal mail, will be stored by us. You represent and warrant to us that you have the right and authority to provide us all Personal Information you provide about yourself or others. You may provide us this Personal Information in various ways, including:

When registering

When you register directly through Smart Choice Sitters, we will collect and store the information that you provide to us directly on our online registration forms. This may include, among other information:

• your first and last name
• your email address
• your home address
• your birthday
• your phone number

Some users may have the opportunity to register with Smart Choice Sitters by connecting through Facebook’s application programming interface (API). Please see Section 6 below to learn about the information we access, collect and store if you register for Smart Choice Sitters through Facebook.

If you register for a Service that requires you to pay a fee, Smart Choice Sitters will also collect your credit card type, number, expiration date, and security code as well as your billing address for payment purposes and your birthday, if not previously provided.

When posting a job

If you are a Care Seeker, we collect and store all of the additional information that you provide to us on your job posting or that is otherwise included in an auto-generated job posting. This may include, among other information:

• the type of care you are looking for, date care is needed, location, hourly rate, number of children and ages (if applicable), narrative job description, requirements for a Sitter (such as ability to drive)
• pictures you choose to provide
• any other information you choose to include in your job posting

When posting a profile

If you are a Sitter, we collect and store all of the additional information that you provide to us in your profile. This may include, among other information:

• details on the care you offer, including for example the type of care you provide, your availability, your location, your level of education, languages you speak, your ability to drive
• related services you provide
• pictures you choose to post
• your phone numbers
• references, if you choose to provide them
• any other information you choose to include in your profile

By telephone

Both Platform Visitors and Users may provide Personal Information to Smart Choice Sitters when they contact Member Care or utilize certain Services Smart Choice Sitters may offer by telephone. For example, if you call a Smart Choice Sitters via the phone, we will collect and store all of the Personal Information you chose to provide to us, including but not limited to financial information, information about the care you or your loved one needs, health information about yourself or the loved one you seek care for, your contact information, etc. If you provide information about someone other than yourself, you represent that you have authority to do so.

Otherwise through the Platform or by telephone, email, postal mail or chat

Certain Users may provide Personal Information on the Platform through other Platform features and offerings. In some cases, Platform Visitors may have the ability to provide us Personal Information through the Platform, such as contact information. In addition, both Users and Platform Visitors may choose to provide us additional Personal Information by phone, email, postal mail, or chat. We collect and store all of the Personal Information you provide us through these channels. Moreover, if you provide information about someone other than yourself through any of these channels, you represent that you have authority to do so.

4. Information Provided By Others

By Platform Visitors, Users and others

Smart Choice Sitters also captures and collects information that Platform Visitors, Users and others provide about each other. For example, Sitters may invite Platform Visitors, Users or others to rate and indicate their relationship to the Sitter on the Platform. Additionally, certain Smart Choice Sitters Users may post reviews about individual Sitters. Smart Choice Sitters may also obtain and post audio recordings of Sitter references, which may also be accessed from the Platform. In addition, certain Users may communicate directly with each other through Smart Choice Sitters platforms. Platform Visitors, Users and others also may provide us information about Users by phone, email, or postal mail. Smart Choice Sitters captures and stores all information it receives from Platform Visitors, Users and others about other Users and Platform Visitors.

By third parties to verify your information and representations

In order to promote the safety and integrity of the Platform and Service, you authorize Smart Choice Sitters in its Terms of Use to utilize third party service providers to use your Personal Information to scan on an ongoing basis a variety of sources, which may include, but are not limited to, national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data to assist us in verifying the information you provide us (such as your name, address, email address, etc.) and the representations and warranties you make in the Terms of Use and on the Platform (such as representations regarding your criminal background) (“Verification Checks”). The results of any Verification Checks will be made available to Smart Choice Sitters.

By third parties that perform background checks

For the legitimate business purpose of protecting the safety and integrity of the Platform and Smart Choice Sitters users, you authorize Smart Choice Sitters in its Terms of Use to utilize a third party consumer reporting agency to use your Personal Information to run periodic background checks on you when you register with Smart Choice Sitters and thereafter in connection with your continued use of our Services and/or interaction with our Platform. In addition, we may provide some or all Users with the option of requesting a background check be run on themselves or on Sitters they are considering hiring. Any such background checks will be subject to the terms we establish for such checks on the Platform pages where you may request them, the terms of this Privacy Policy and our Terms of Use. Smart Choice Sitters may receive a copy of, or otherwise have access to, any such completed background check.

By Facebook if you connect to Smart Choice Sitters through Facebook

You may have the opportunity to connect to Smart Choice Sitters through Facebook’s API when you register for Smart Choice Sitters or after you have registered for Smart Choice Sitters. If you connect to Smart Choice Sitters through Facebook, either when you register or after you have registered, we will collect, store, and use in accordance with this Privacy Policy any and all information you agreed that Facebook could provide to Smart Choice Sitters through its API. Your agreement (and our access to your information) takes place when you instruct, accept or allow Facebook to register you for a Smart Choice Sitters account or otherwise connect to Smart Choice Sitters through Facebook. The information Smart Choice Sitters may access, collect and store may include the following, among other information, as allowed by you, Facebook’s API, and your Facebook privacy settings:

• your name
• your profile picture
• your email address
• your gender
• your birthday
• your location (i.e. city)
• the names and pictures of your Facebook friends
• your interests and affinity networks
• other information you make publicly available via Facebook

By other sources

In addition, we may obtain from other sources publicly available Personal Information, such as demographic data, and other information to enable us to comply with regulatory requirements, ensure the accuracy of data, better understand your likely interests, prevent fraud, etc.

Information you expressly authorize us to collect

We may from time to time request permission for collect Personal Information from or about you. For example, if you use a Smart Choice Sitters app, we may request permission to access information about the contacts listed in your mobile device phone book when you initiate an address book search for friends who have downloaded the application. We may also request permission to access and store your location. If you grant your permission, we will access and or store such information unless you subsequently opt out by adjusting the settings in your mobile device.

5. Technical and usage information

Log files, IP addresses and information about your computer and mobile device

When you visit a Platform, Smart Choice Sitters receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the internet), your computer operating system and type of web browser you are using. If you are using a mobile device, Smart Choice Sitters may also receive your mobile device id (UDID), or another unique identifier, and mobile operating system. We may correlate this information with other Personal Information we have about you. Additionally, we and any third parties we use to place ads on our Platform automatically receive the URL of the webpage from which you came. If you click on an ad, we and any such third party may also receive the URL of the page you were on when you clicked the ad and the URL of the Platform associated with the ad that you clicked.

Cookies and other technologies

Like most websites, we and our service providers use cookies and tracking pixels to track Platform usage and trends, evaluate the effectiveness of our ads both on and off our Platform, customize your experience on the Platform and improve the quality of our services. For example, using these technologies we can determine, among other things, which pages of our Platform you visit and which ads you click on. A cookie is a tiny data file that resides on your computer, mobile phone, or other device, and allows us to recognize you when you return to the Platform using the same computer (or mobile device) and web browser. You can remove or block cookies using the settings in your browser, but in some cases doing so may impact your ability to use Smart Choice Sitters. Tracking pixels do not identify individual users and the analysis of data obtained by tracking pixels is performed on an aggregate basis.

When you visit our Platform or open one of our emails, we may allow authorized third parties, such as ad servers, ad agencies, ad exchanges, ad technology vendors and research firms, to place or recognize a unique cookie, pixel, and/or similar technologies on your browser in order to provide you relevant Smart Choice Sitters advertisements as you surf the Internet. These advertisements may be targeted to you based on information these authorized third parties know or infer about you and include in the cookies placed on your browser and/or information about your Internet browsing activities gathered through your browser. If you prefer not to receive these online behavioral advertisements, you may opt-out here. In order for the opt-out to work, your browser must be set to accept third party cookies. Furthermore, if you buy a new computer or mobile device, change web browsers or delete the opt-out cookie, you will need to perform the opt-out task again. Please note that if you opt-out you may continue to receive Smart Choice Sitters advertisements as you surf the Internet, including contextual ads based on the content on a webpage you are visiting. However, these advertisements will not be displayed based on information contained in, or collected by, cookies or other technologies placed on your browser when you visit our Platform or open our emails.

Without limiting the foregoing, we use Google Analytics to measure Platform usage and improve our visitor experience. The relevant data is provided to us by Google in the aggregate (i.e. individual users are not identified) and allows us to better understand our Platform audience. The Google Analytics features implemented by us allow us (i) to evaluate and generate reports on certain demographic, behavioral, and interest metrics of users collected by Google, and (ii) to create advertising remarketing audiences and campaigns based on such metrics, which may be segmented into aggregated groups.

Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings form at https://www.google.com/settings/ads.

Social media features and widgets

Our Platform includes social media features and widgets, such as the Facebook “Like” button and the Facebook “Share” button. These features may collect your IP address, the URL of the page you are visiting on our Platform, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Platform. Your interactions with these features are governed by the privacy policy of the company providing it.

6. How We Use Information

Personal Information

In general, the Personal Information we collect is used (1) to improve our Services and enhance your experience with Smart Choice Sitters, (2) to enable us to provide a safer community for all of our Users, and (3) to help us communicate with you.

For example, we may use your Personal Information to:

• register and service your account.
• include in Care Seeker job postings and profiles and Sitter profiles.
• contact you in response to questions and solicit feedback and input from you.
• enable Sitter Seekers and Sitters to search based on the Personal Information the other has made available on the Platform, and the information others have provided about them.
• connect Sitter Seekers with Sitters that appear to meet their needs and preferences.
• enable Users to search for, find, interact, connect and share information with other Users they may have an interest in interacting with.
• enable Users who connect to Smart Choice Sitters through Facebook to see which of their Facebook friends who have connected to Smart Choice Sitters through Facebook are Users or friends with other Users who have connected to Smart Choice Sitters through Facebook.
• verify information you provide us as well as the representations and warranties you make to us in the Terms of Use or on the Platform.
• otherwise help protect the safety and integrity of the Platform and Smart Choice Sitters users.
• target promotional messages or content on the Platform, via email or other ads on Smart Choice Sitters or third party Platforms.

Non-personal Information

In general, we use the Non-personal Information we collect to help us improve our services and customize the user experience, such as by providing targeted useful features and promotions based on the type of service you seek. We also aggregate the information collected via cookies and similar technologies to use in statistical analysis to help us track trends, evaluate the effectiveness of marketing.

7. How We Share Information

In addition to using the information collected by Smart Choice Sitters for the purposes described above, we may also share your information with various third parties, as described below. Please review our sharing policy closely, especially with respect to your Personal Information. By using our Platform or our Services, you agree to allow us to share the Personal Information you provide to us in the ways described below. Your ability to make changes to what information is shared is described below in Section IV.

Personal Information

If you are a Care Seeker or a Sitter, in order to increase your chances of finding a job or finding the care you need, we share with Platform Users the information that is included in your job posting or profile, aside from your contact information, as well as the following registration information, which we may include in your job posting or profile: your first name, first initial of your last name, city, state, and profile picture. With certain exceptions, you choose how much detail you want to include in either your job posting or your profile; the more information you share, however, the better chance you have of finding either care or a job. We may also share on your profile or job posting whether you have connected to Smart Choice Sitters through Facebook. If you are a Sitter and have elected to verify certain information with Smart Choice Sitters or to have a background check performed, we may also disclose that information in your profile in addition to any payment or payroll preferences you have indicated.

We may display personal testimonials of Users and other endorsements on our Platform or in other marking materials. These testimonials or endorsements may include Non-personal Information such as the User’s first name, first initial of last name, town, and state. With a User’s consent, we may include personal information such as their full name.

With other Users

In addition to the information that is provided to all visitors to Smart Choice Sitters, Sitter reviews and references are made available to certain Users. If you are a Sitter, your phone number will be visible to certain Users if you elect to share it in your profile.

If you are a Care Seeker or a Sitter, you will appear in search result listings if you match the search criteria used by a Sitter or Care Seeker, as applicable. Similarly, you may appear in emails sent to Sitters or Sitter Seekers in your area. 

If you connect to Smart Choice Sitters through Facebook, we may allow any of your Facebook friends who have connected to Smart Choice Sitters through Facebook to see that you are a User. In addition, other Users who have connected to Smart Choice Sitters through Facebook will be able to see if you are friends with any of their Facebook friends or if you share certain affinities or interests with them.

If we terminate your registration for any reason, we reserve the right to send a notice of your termination to other Users with whom we believe you have corresponded.

With vendors/service providers

We also share Personal Information with vendors who perform services on behalf of Smart Choice Sitters, including without limitation vendors who provide email services, demographic information, or geo-location information, vendors who perform background checks or verification checks, vendors who process credit card payments, vendors who run classified advertising businesses, and vendors who send SMS messages to Users’ mobile phone numbers, in each case to the extent applicable. Smart Choice Sitters has selected vendors who maintain high standards with respect to privacy and agree to use the Personal Information only to perform specific services on behalf of Smart Choice Sitters.

With Facebook if you connect to Smart Choice Sitters through Facebook

If you connect to Smart Choice Sitters through Facebook’s API, you may elect to post certain of your activities on Smart Choice Sitters back to your Facebook account. You will be prompted to decide whether or not to share those Smart Choice Sitters activities back to your Facebook account.

As required by law or for reasons of safety

You acknowledge and agree that we may disclose information we’ve collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend Smart Choice Sitters’, or a third party’s, rights or property. We may also reserve the right to disclose information we’ve collected about you for purposes of protecting the health and safety of our community and Users, such as in the case of risk of harm or violence against any person (including you).

With Your Consent

We also may share your personal information with a third party if you consent to the sharing.

Background checks

Smart Choice Sitters may offer various background check services from consumer reporting agencies such as Motor Vehicle Records Check, Criminal Records Check, or Criminal+ MVR Check in response to a request by a Care Seeker who is considering hiring you. If the check comes back with no issues, we will forward the check to the Care Seeker who requested it. If the results of a Motor Vehicle Records Check or Criminal Records Check result in Smart Choice Sitters suspending or terminating your account, that information will not be shared with other users. If you authorize a more in-depth background check to be run on you in response to a request by a Care Seeker who is considering hiring you, the results of the check will be shared directly with the Care Seeker. If you have requested a background check through Smart Choice Sitters, a statement may be included in your profile to confirm that you have completed that check. However, we will not share the check or results with any other Platform Visitor or Registered User unless you specifically consent. The service provider who completes the background check may send the results to you by email or postal mail.

You acknowledge that sensitive material may be included in your background check, and that you are responsible for providing us and our service provider (if applicable) with correct mailing information.

Non-personal Information

This Privacy Policy does not limit our use or disclosure of any Non-personal Information, such as information passively collected from your computer via cookies, web beacons, or standard logging of Platform activity. If you do not wish to share this information with Smart Choice Sitters, then you should take steps to limit the passive collection of data about your activities on our Platform, for example, by changing your browser settings to disable cookies. We reserve the right to use and disclose such Non-personal Information, as well as any other Non-personal Information we collect, with our advertisers and other third parties at our discretion.

Business transactions

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s affiliates may continue to process your Personal Information as set forth in this Privacy Policy.

8. How We Protect Information

We have implemented industry-recognized safeguards to help protect your information from unauthorized access. These safeguards include:

Smart Choice Sitters uses TLS (Transport Layer Security – the successor to SSL), the industry standard method for computers to communicate securely without risk of manipulation or recipient impersonation. We utilize TLS in the online registration process, in the login process, and in the account management section of the Platform.

Smart Choice Sitters uses strong encryption technology to protect sensitive information.

Smart Choice Sitters employs firewalls, intrusion detection systems, and system monitoring to protect against unauthorized access of our systems.

Your user accounts are also protected by the password you use to access your online account with Smart Choice Sitters, and we urge you to take steps to keep your password safe. If you feel your password has been compromised, you should change it immediately by logging into your account and visiting the “My Profile” section. After you have finished using our Platform, you should log out of your Smart Choice Sitters account and exit your browser.

WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.

Links to Other Websites

Smart Choice Sitters may provide links to other web Platforms that we believe may be of interest to our Users. However, we are not responsible for the privacy practices employed by those web Platforms, nor are we responsible for the information or content they contain. This Privacy Policy applies solely to information collected by us through Smart Choice Sitters; thus when you use a link to go from our web Platform to another third party web Platform, this policy is no longer in effect. We encourage our users to read the privacy policies of these other web Platforms before proceeding to use them.

Changes to Our Privacy Policy

Smart Choice Sitters reserves the right to change this policy and our Terms of Service at any time. We will notify you about significant changes in the way we treat Personal Information by sending a notice to the email address registered in your account, or by placing a prominent notice on our Platform, so that you can choose whether to continue using our Services. Significant changes will go into effect 30 days after we notify. Non-material changes or clarifications will take effect immediately upon posting of the updated policy on our Platform. You should periodically check www.Smart Choice Sitters/privacy for updates. Your use of the Platform or the Services after such effective date will constitute acceptance by you of such changes.

Contact Us

If you have any questions on our Privacy Policy, you can contact us via email at welovetoserve@SmartChoiceSitters.com or at:

Smart Choice Sitters LLC

Attn: Legal Department

41 Peabody St.

Nashville, TN 37210