TERMS OF SERVICE
Sitterly and its sites are not formally endorsed or affiliated with any educational institution
These Terms of Service are with MBreslin LLC d/b/a Sitterly Students and its locally based divisions Seton Sitters, GW Sitters, Pilot Sitters, UNT Sitters and Mason Sitters (collectively referred to herein as “Company”, “Us”, “We” or “Our”). The Company Website is designed to be a local resource to connect families and college student sitters in communities surrounding major universities, and to provide access to college student sitters to babysit for local families.
Use of the Website and Services AS DESCRIBED HEREIN are at Your own risk and are provided “as is” AND “AS available.” COMPANY IS not endorsed, supported or formally connected to any educational institution. YOU UNDERSTAND AND AGREE THAT ANY REFERENCE TO “GW”, “MASON” OR “SETON” OR “UNT” OR “PILOT” DOES NOT IMPLY THAT ANY SITTER IS A STUDENT AT THAT SCHOOL AND THAT SUCH REFERENCE IS USED ONLY AS A GEOGRAPHIC INDICATOR. COMPANY disclaims all warranties including warranties of merchantability, FITNESS for a particular purpose, uptime, data accuracy, completeness, AND CURRENCY, TiTLE, and non-infringement.
By accessing the Website, You agree to be bound by these Terms of Service (these “TOS”) including all additional terms set forth on any individual webpages on the Website.
“UNT Siters” means any Sitter able to work and who is available in the Dallas Fort Worth metro area.
“Pilot Sitters” means any Sitter able to work and who is available in the Portland Oregon metro area.
“GW Sitters” means any Sitter able to work and who is available in the Washington DC metro area.
“Family” means a group consisting of parent(s) and/or legal guardians and children in which the parents/legal guardians are responsible for the care of one or more children ages infant to sixteen (16) years of age.
“Family Profile” means an online form consisting of contact, background, payment and availability information that is searchable and viewable by Sitters and Company.
“Mason Sitters” means any Sitter able to work and who is available in the greater Washington DC/Northern Virginia metro area.
“Services” collectively refers to the Services and the Website Services.
“Seton Student Sitters” means Sitter able to work and who is available in the greater New York/Northern New Jersey metro area.
“Seton Sitters” means Sitter able to work and who is available in the greater New York/Northern New Jersey metro area.
“Sitter” means an individual who provides babysitting services for a limited time at the approval of the Family in the absence of the Family.
“Sitterly Students” means the centralized platform/website/Company under which all Sitters operate.
“Profile” means an online form consisting of voluntarily submitted contact, background, mobility, childcare experience, qualifications and availability information of a Sitter and or Family that is searchable and viewable to Company and Members.
“Services” means online membership access to search database of Sitter profiles containing information.
“Group Memberships” means online membership access for businesses or organizations to distribute “Services” to individuals.
“Website” means all Company Websites.
“Website Services” mean all services available through the Website.
“You” or “User” or “Your” means “Family” or “Sitter”, as applicable.
User Accounts. In order to use the Services, You must register for and maintain an active Services account (“Account”). Account registration requires You to submit to Company certain personal information, such as Your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or other acceptable method of payment, in either case an “Authorized Payment Method”). You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in Your inability to access and use the Services or Company’s termination of these TOS with You. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times, and to notify Company if your password is lost, stolen, or otherwise compromised. Unless otherwise permitted by Company in writing, You may only possess one Account. Company reserves right to change the password at any time.
Services. Company will provide a Family with access to a database of Sitter information via an online Membership. for the Services, as requested by that Family. Company does not guarantee accuracy of information.
Sitters. Family recognize Sitters submit and update information at will. Each Family understands and agrees that the Family is responsible for verifying the Sitter’s information and for confirming that the Sitter is a good fit for the Family.
Company will charge Your Authorized Payment Method according to the rates for the Services published on the Website from time to time. All published rates are inclusive of Company’s fees for usage of the Website (“Service Fees”). All Service Fees must be paid to Company. Payment is due to Company immediately upon completion of the Services.
Except that at Company’s sole discretion, no refunds or credits will be provided once Your Authorized Payment Method has been charged. Dissatisfaction with Services and or refund request must be submitted in writing to Company within 14 days of purchase.
In the event that a Service is listed at an incorrect price due to typographical error, or error in pricing information received from others, Company retains the right to refuse or cancel any orders placed for Services listed at the incorrect prices. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
If any payment to Company is returned, rejected or dishonored, Company or any third party on its behalf, as applicable, may in each instance, to the extent permitted by law, assess a charge equal to the total of all charges, costs and expenses incurred by Company or such third party in connection with collection, or Company may charge such other fees as may be permitted by applicable law.
Driving. If You have requested that a Sitter provide driving services and that the Sitter use Your vehicle for any given Services, You understand that the Sitter will drive Your vehicle for those Services and You represent You have all necessary insurance to cover any accidents or liability that may occur. If a Sitter provides any driving services for You, You agree that Company will not be responsible for payment of any automobile insurance deductibles that are payable to any party if the Sitter is involved in a motor vehicle incident or for any other reason. You further agree that You will not hold Company liable for any damage, injury, or loss resulting from the Sitter’s use of a vehicle.
Emergency Services. The Services do not include medical care of any kind, including emergency care, and no part of the Service Fee constitutes compensation for any medical or emergency care. If an emergency occurs while a Sitter is providing the Services, neither Sitter nor Company shall be liable for any damages resulting from any act or omission of Sitter. Whether a Sitter renders emergency care is at the discretion of Sitter. Sitter shall be entitled to the full benefit of any “Good Samaritan” laws.
Term and Termination.
You may terminate these TOS at any time by ceasing all use of the Services. Even after Your right to use the Services is terminated or suspended, these TOS will remain enforceable against You.
Company reserves the right in its sole discretion to terminate Your use of the Services at any time and for any reason. Company reserves the right to refuse to provide Services to any User at any time and for any reason.
Company reserves the right to modify, discontinue, temporarily or permanently, all or any portion of the Services by posting a Notice to Company Websites. We will not be liable to You for any modification, suspension, or discontinuance of all or any portion of the Services.
Family Responsibilities. To use the Services, Family represents and warrants that:
The Family member purchasing and participating in the Services is authorized to act on behalf of any children for whom Family member is seeking to retain the Services.
Family will only post truthful, complete, accurate, and current information to Family Profile and will provide same in all communications with any Sitter and with Company.
Family will treat Sitter with respect and will see that Family’s children do the same.
Family will provide a safe environment for Sitter and children under Sitter’s care.
Family is responsible for paying Company for the Services, and cancelling membership if desired.
Sitter Responsibilities: To submit a profile, Sitter represents that:
Sitter is at least eighteen (18) years of age and is a currently enrolled student at a local university or college in the geographic area of the applicable Company division.
Sitter is either a United States citizen or is authorized to work in the United States.
Sitter will provide only truthful, complete, accurate, and current information when posting to Sitter Profile and communicating with any Family or Company.
The Services are not available for use by persons under the age of eighteen (18).
You may not authorize third parties to use Your Account or assign or otherwise transfer Your Account to any other person or entity.
You will not do anything to harm Company, Website, the operation of the Services, the Sitter or the Family.
You must comply with all applicable laws when using the Services, including but not limited to any laws regarding employment, wages, and employment taxes.
Except for Your personal use to purchase or provide the Services, You will not, and will not permit others to store, copy, modify, distribute, or resell any Profile data or other Website content (“Content”) made available on Company Website or compile or collect any Content.
You will not post, email, or communicate any data or information that contains unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable communication or submit any content that infringes any third party’s intellectual property rights.
You agree that the Services are made available solely for Your personal, noncommercial use.
You may be asked to provide proof of identity to access or use the Services, and You agree that You may be denied access to or use of the Services if You refuse to provide proof of identity.
Promotions. Company may from time to time provide certain promotional opportunities to a Family. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company.
Links and Third Party Content. We do not control third-party content that the Website may display or contain links to such as third-party products, services and websites. Any opinions, advice, offers or other information are those of the respective Third-Parties and not Company’s. Company is not responsible or liable for any damage or loss caused to You by Your use or reliance on any third party products, services or information. Any references to any third-party products or services do not constitute Company endorsement, sponsorship or recommendation.
License. Company hereby grants You a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these TOS; and (b) access, view and print any information and documentation made available on the Website for Your personal, non-commercial and informational use only to assist You in the access and use of the Website and the Services. These TOS do not grant You any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Company or any third party. Company may terminate this license at any time for any reason whatsoever.
Intellectual Property. Company owns all material provided on the Website and various laws protect it, including, but not limited to, United States copyright law, trademark law, and international treaties, and Company reserves all rights in all such intellectual property. Except as otherwise authorized by these TOS, You agree not to copy, reproduce, distribute, duplicate, republish, download, display, modify, resell, exploit, enter into a database, post, or transmit, in any form, or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, any portion of the Services or the Website content without our prior express written permission. Nothing in these TOS, or included in the Website’s material, shall be construed as a grant of a license to any copyrights, trademarks, patents, or any other intellectual property rights. We grant You permission only to display, copy, distribute, and download the materials from the Website for personal, non-commercial use in an unmodified form. You also may not, without our prior express written permission, “mirror” any material contained on the Website. This permission terminates automatically if You breach any of these TOS.
Feedback. You agree that any material, testimonials, user comments, feedback, and ideas that You transmit to the Website or otherwise provide to Company (“Transmissions”) shall be and remain Company’s property without compensation to You. All Transmissions will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. In addition, You agree, and are hereby put on notice, that You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments You make.
Limitation of Company Responsibilities.
Company is not liable or responsible to any Users of the Website.. Users accept all risk and responsibility related to the use of Company Website and any Services provided .
Company does not guarantee or verify the accuracy of information submitted by any Family or student.
Company is not liable or responsible for any negative consequences, actions, or damages related to Users use of the Website or the Services.
Company does not guarantee a Sitter for any Family or vice versa nor the accuracy of information.
Company reserves the right at any time to change and update the Website, modify these TOS, including price changes, or terminate the Services.
Company makes no guarantee as to the accuracy, availability, currency of data posted to the Website.
Disclaimers and Release. YOUR USE OF THE SERVICES IS AT YOUR RISK. Information on the WEBsite MIGHT contain technical inaccuracies or typographical errors. You understand and agree that Company, ON BEHALF OF ITSELF AND ITS MEMBERS, EMPLOYEES, CONTRACTORS, SUCCESSORS, ASSIGNS, AFFILIATES, AND OTHER LEGAL REPRESENTATIVES (COLLECTIVELY REFERRED TO HEREIN AS “OUR REPRESENTATIVES”) makes no guarantees regarding the results of the Services. Company and its representatives do not guarantee, represent, or warrant that Your use of THE SERVICES will be uninterrupted, timely, secure, or error-free. THE SERVICES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. COMPANY AND ITS REPRESENTATIVES FURTHER DO NOT MAKE ANY REPRESENTATIONS, NOR ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED, SOLD THROUGH, OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS ON THE WEBSITE.
Company and its representatives ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE AND/OR FROM THE USE OF THE SERVICES; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Company and its representatives DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT DEFECTS ON THE WEBSITE WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY AND ITS REPRESENTATIVE CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
COMPANY AND ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE. BECAUSE COMPANY HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT COMPANY AND ITS REPRESENTATIVES DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SERVICES. Your use of third-party Websites is at Your own risk and subject to the terms and conditions of use for such sites. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Assumption of the Risk. You, on behalf of Your Spouse, Your heirs, Your next of kin, and anyone else who may legally act on Your behalf, voluntarily and expressly assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with a Sitter or a Family, such as the risk of injury, accident, death, loss, cost, or damage to your person or property. You agree to take all necessary precautions when interacting with a Sitter or a Family.
No Liability. YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS REPRESENTATIVES ARE ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, AGREE NOT TO HOLD COMPANY OR ITS REPRESENTATIVES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION INJURY, DEATH, STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS REPRESENTATIVES OR ANY DESTRUCTION OF YOUR INFORMATION, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.
UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY AND ITS REPRESENTATIVES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICES. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY OR ITS REPRESENTATIVES IS LIABLE FOR DAMAGES IN EXCESS THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification. YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, SHALL INDEMNIFY AND HOLD COMPANY AND ITS REPRESENTATIVES HARMLESS FROM AND AGAINST ALL SUITS, PROCEEDINGS AT LAW OR IN EQUITY, CLAIMS, LIABILITIES, COSTS, DAMAGES, PAYMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ASSERTED AGAINST COMPANY OR ITS REPRESENTATIVES OR INCURRED BY COMPANY OR ITS REPRESENTATIVES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, YOUR VIOLATION OR BREACH OF THESE TOS, YOUR MISUSE OF THE WEBSITE OR SERVICES, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY THROUGH USE OF THE WEBSITE AND CONTENT AND ANY CLAIM FOR DAMAGES TO PROPERTY OR INJURIES TO PERSONS, CAUSED BY OR RESULTING FROM YOUR WILLFUL, INTENTIONAL, OR NEGLIGENT ACTS OR OMISSIONS.
Notices; Electronic Communications. You agree to receive Notices and other communications from Company electronically. Company will communicate with You by e-mail or by posting notices on the Website. You agree that all notices, disclosures, changes in these TOS, and any other communications that are provided to You electronically, satisfy any legal requirement that such communication be in writing.
Remedies. You agree that an impending or existing violation of any provision of these TOS would cause Company irreparable harm for which monetary damages may not be a sufficient remedy, and that Company shall be entitled to seek immediate injunctive relief prohibiting such violation without being required to post any sort of bond or related security, in addition to any other rights and remedies available to it. You shall be liable to Company for all court costs, reasonable attorney’s fees and other expenses incurred by Company in enforcing its rights under these TOS.
No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these TOS.
Governing Law; Jurisdiction. These TOS shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws provisions. You hereby expressly submit and consent to the personal and exclusive jurisdiction of the federal and state courts located nearest to the principal office of Company in the Commonwealth of Virginia. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TOS OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. The prevailing party in any lawsuit or other proceeding regarding these TOS shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.
Force Majeure. Company shall not be responsible for any damages, delay in performance or failure to perform by Company if caused by any act or occurrence beyond its reasonable control such as embargoes, changes in government regulations or requirements (executive, legislative, judicial, military or otherwise), acts of war or terrorism, power failure, electrical surges or current fluctuations, lightning, earthquake, flood, the elements or other forces of nature, delays or failures of transportation, or acts or omissions of telecommunications common carriers.
Waiver; Severability. Failure of Company to enforce any provision of these TOS shall not constitute a waiver of such provision or of Company’s right at any time to avail itself of such remedies as it may have for any breach or breaches of such provision. If any provision of these TOS is declared invalid, the other provisions remain in full force and effect, and these TOS are deemed to be amended to replace, to the extent legally possible, the rights and obligations contained in the invalid provision. The invalidity of any provision of these TOS shall not invalidate the remaining TOS.
Headings. All headings used in these TOS are intended for convenience of reference only and shall not affect the construction or interpretation of these TOS. Words of any gender used in these TOS shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
Modification. Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these TOS at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify You of these changes by email, but will not be liable for any failure to do so. If any future changes to these TOS are unacceptable to You or cause You to no longer be in compliance with these TOS, You must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to these TOS constitutes Your complete and irrevocable acceptance of any and all such changes. Company may change, modify, suspend, or discontinue any aspect of the Services at any time without notice or liability. Company may also impose limits on certain features or restrict Your access to parts or all of the Services without notice or liability.
Assignment. Company may assign these TOS at any time. You may not assign Your rights under these TOS without Company’s prior written consent.
Survival. All provisions of these TOS relating to ownership, warranties, indemnification, limitations of liability, and any other subject that would, by its nature, be deemed to survive termination of these TOS will survive termination of these TOS, whether or not so expressly stated.
Time Limit for Claims. You agree that any claim or cause of action against Company arising out of or related to the Website, the Services or these TOS must be filed within one (1) year after such claim or cause of action first arose, or such claim or cause of action shall be barred forever; provided, however, that in the event any statute or law prohibits the revision of the limitations period applicable to such claim and/or cause of action to such one (1) year, such period shall be revised to the shortest period of time allowable by such statute or law.
Entire Agreement. These TOS constitute the entire agreement between the parties and supersede all prior and contemporaneous oral or written communications. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of these TOS.
12110 Sunset Hills Road
Reston, VA 20190
YOU acknowledge that YOU HAVE read and fully understand THESE TOS and that, BY USING THE SERVICES, YOU agree with and accept all the terms and conditions contained herein.