QuickSit Terms of Use

These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the QuickSit Site and/or the QuickSit Services (as defined below). Certain QuickSit Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services ("Additional Terms"). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.

Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").

These Terms include the QuickSit Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.

These Terms are subject to change by QuickSit at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

For purposes of these Terms, the "Site" shall mean the mobile app QuickSit and any other websites, web pages, mobile applications and mobile websites operated by QuickSit ("QuickSit" or "we") in the United States, and the "Services" shall mean any of the various services that QuickSit provides through the Site or any other channels, including without limitation, over the telephone or through its application, QuickSit App.

1.     Description of Services; Limitations; User Responsibilities

2.     Eligibility to Use the Site and Services

3.     Rules For User Conduct and Use of Services

4.     Background and Verification Checks

5.     Termination

6.     Privacy

7.     Links to External Sites

8.     Payment and Refund Policy

9.     Release of Liability for Conduct and Disputes

10.  Age Restrictions

11.  Disclaimers; Limitations; Waivers; and Indemnification

12.  Copyright Notices/Complaints

13.  Governing Law and Jurisdiction

14.  Miscellaneous

15.  Severability

16.  Miscellaneous Provisions

 

1.     Description of Services; Limitations; User Responsibilities

1.1.  About Our Services

QuickSit offers the following Services to help its users find, coordinate, and maintain quality care. The Services we offer include:

1.1.1.     We enable individuals seeking care services [(such as child care, senior care, special needs, pet care, and tutoring) (each "Care Seekers") to post jobs on the Site, and we enable individuals and entities who provide care services to post profiles on the Site and apply to jobs ("Care Providers").

1.1.2.     We provide search functionality on the Site to allow Care Seekers and individual Care Providers to evaluate the pool of Care Seekers or Care Providers they are interested in meeting based on their preferences, and we provide a platform that allows Care Seekers and Care Providers to communicate.

1.1.3.     We provide tools and information to help Care Seekers and Care Providers make more informed decisions, such as verification dashboards on Care Provider profiles, which enable Care Seekers to check the status of a Care Provider's verifications.

1.1.4.     The Site enables Registered Users to communicate and share information with other Registered Users who share a common interest or bond.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2.  Limitations of  Service

1.2.1.     We offer a variety of Services to help our users find, coordinate, and maintain care for their families. However, we do not employ any Care Providers. Further, we do not have control over the quality, timing, or legality of the services actually delivered by Care Providers, or of the integrity, responsibility or actions of Care Seekers or Care Providers and we neither refer or recommend Care Seekers or Care Providers nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers whether in public, private or offline interactions.

1.2.2.     We may provide families with a customized list of potential individuals, companies and/or agencies to consider based on the information the family provides us regarding their and their loved one's needs and preferences. In providing these services, neither we, nor our employees are making a referral to, or endorsing, any individual, company or agency nor are we providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.

1.2.3.     Care Seeker and Care Provider content is primarily user generated, and we do not control or vet user generated content for accuracy. QuickSit does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off this Site. [We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number.] If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to the accuracy of such information.

1.2.4.     QuickSit is not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider, or other user of the Site or Services. Moreover, QuickSit does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Care Seekers and Care Providers, hereby expressly agree not to hold QuickSit (or QuickSit's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter "Affiliates") liable for the actions or inactions of any Care Seeker, Care Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, QuickSit 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 therefrom.

1.3.  User Responsibilities

1.3.1.     Any screening of a Care Seeker or Care Provider and his, her or its information by QuickSit is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as a care provider. Registered Users are solely responsible for interviewing, checking references, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family.

1.3.2.     Each Care Seeker is responsible for complying with all applicable laws in connection with any relationship they establish, including verifying the age of the Care Provider they select as well as that Care Provider's eligibility to work in the US.

2.     Eligibility to Use the Site and Services

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you agree to comply with all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

2.1.1.     You are eighteen (18) years of age or older. If you do not meet the minimum age requirement, do not register to use the Site or Services.

2.1.2.     You are currently enrolled in a college or graduate school program. You must use the email address assigned to you by your college to create a profile. QuickSit does not accept any liability if a user signs up using false information.

2.1.3.     The Site and the Services are currently available only to individuals who are legally in the United States.

2.1.4.     If you are registering to be a Care Provider, you must be permitted to legally work within the United States.

2.1.5.     Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.

2.1.6.     You must not be a competitor of QuickSit or using our Services for reasons that are in competition with QuickSit.

3.     Rules for User Conduct and Use of Services

3.1.  Registration, Posting, and Content Restrictions

The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By posting any Content while using our Service, you agree, represent and warrant as follows:

3.1.1.     You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.

3.1.2.     You will register your account in your own legal name, even if you are seeking care for another individual or family member.

3.1.3.     Unless otherwise permitted by QuickSit, all Content you post will be in English as the Site and Services generally are not supported in any other languages.

3.1.4.     You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, 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 QuickSit where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to QuickSit or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.

3.1.5.     You understand and agree that QuickSit may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of QuickSit violates these Terms or which QuickSit determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.

3.1.6.     You have the right, and hereby grant, to QuickSit, 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 QuickSit will not infringe or violate the rights of any third party.

3.1.7.     Use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.

3.1.8.     QuickSit is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

3.1.9.     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 Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of QuickSit and we may use all such communications, all without notice to, consent from, or compensation to you.

3.1.10.  Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by QuickSit, are those of their respective authors. Such authors are solely responsible for such content. QuickSit does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site 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 Site or through the Service. Under no circumstances will QuickSit or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.

3.1.11.  You agree that QuickSit has no obligation to remove any reviews or other information posted on the Site 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. The author of a review can always remove or request the removal of a review they have written.

3.1.12.  QuickSit disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand and agree to hold QuickSit harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.

3.2.  Exclusive Use

If you are a Care Seeker, you may only use your account to find care for yourself, your parents, your children, your grandchildren or for individuals for whom you are the legal guardian. If you are a Care Provider, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.3.  Prohibited Uses

3.3.1.     By using the Site or Services of QuickSit, you agree that you will not under any circumstances:

·       use the Site, Services, 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 Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by QuickSit or for the promotion of illegal activities;

·       harass, abuse or harm another person or group, or attempt to do so;

·       use another user's QuickSit account;

·       provide false or inaccurate information when registering an account on QuickSit, using the Services or communicating with other Registered Users;

·       attempt to re-register with QuickSit 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 QuickSit's Services;

·       make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

·       bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);

·       use the communication systems provided by or contacts made on QuickSit for any commercial solicitation purposes;

·       publish or link to malicious content intended to damage or disrupt another user's browser or computer.

3.3.2.     In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of phone numbers a Care Seeker may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.

3.3.3.     Should QuickSit find that you violated the terms of this Section or any terms stated herein, QuickSit reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that QuickSit may assess, and you will be obligated to pay, $1,000 per each day that you: (i) maintain Care Provider or Care Seeker information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights QuickSit may have under these Terms or applicable law.

3.3.4.     In order to protect the integrity of the Site and the Services, QuickSit reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

4.     Background and Verification Checks

4.1.  Submitting and Meeting our Background Check Criteria is Mandatory to be an Active User on QuickSit

4.2.  The safety and security of all users are of paramount importance to QuickSit.  Users agree to submit to a background check meeting the standards adopted by QuickSit and/or Sterling Talent Solutions as incorporated herein and stated below. Refusal to submit to a background check or a failure of any background investigation shall be cause for immediate removal from the Site. QuickSit will receive a copy of each Background Check authorized through QuickSit. See Section 4.4 below for information regarding QuickSit's use of these Background Checks. You are responsible for making sure that the email address you provide to QuickSit is correct, knowing that sensitive information will be sent to it.

4.3.  Responsibilities of Users of Background Check under FCRA- The use of any background check reports obtained through the Site is governed by the federal Fair Credit Reporting Act ("FCRA") and certain state laws. If you order or request access to background check on a Care Seeker, you are considered an end user of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws, and summarizes key legal obligations. A summary of your responsibilities in using the information contained the background check can be found http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. If there is negative data in a check you receive, and you choose to take "adverse action" (i.e. if you choose to pass on that individual's candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found athttp://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report. If you have ordered a Criminal Records Check or a Criminal+ MVR Records Check, QuickSit will provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.

4.4.  QuickSit May Review and Use Background Checks You Order or Authorize About Yourself

4.4.1.     By registering for and using the Site or Services as an individual Care Provider, and subject to your authorization, you acknowledge and agree that QuickSit shall review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Site and its users, which may, in the case of certain Care Providers, be considered an employment purpose pursuant to the FCRA. QuickSit reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.

4.4.2.     If QuickSit terminates your membership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that QuickSit does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not QuickSit.

4.5.  Use of Background Investigation

4.5.1.     By registering for and using the Site or Services as a Care Seeker or Care Provider, you hereby acknowledge and agree that QuickSit has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings for the purpose of protecting the safety and integrity of our Site and its users ("Preliminary Membership Screens"), which may, in the case of certain Care Providers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, QuickSit shall order this screening when you initially register with QuickSit. Additional screening may be conducted thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).

4.5.2.     All Background Checks are regulated by FCRA, and the background reports resulting from these services are considered "consumer reports" under FCRA.

4.5.3.     You understand and agree that QuickSit may review the information provided by the third-party consumer reporting agency and QuickSit retains the right to terminate your QuickSit registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If QuickSit terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that QuickSit does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not QuickSit) within the time period specified in your notice. Notwithstanding this, you agree that QuickSit is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.

BY AGREEING TO THESE TERMS AND USING THE SITE, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW QUICKSIT TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE QUICKSIT.

4.6.  QuickSit May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

4.6.1.     By registering as a Care Provider or Care Seeker, and, if applicable to you as a Care Provider, you authorize QuickSit to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from 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.

4.6.2.     You agree that QuickSit may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for QuickSit.

4.6.3.     You also hereby represent, understand and expressly agree that QuickSit does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.

BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW QUICKSIT TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE QUICKSIT.

4.7.  Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks

4.7.1.     Certain jurisdictions may restrict the scope of background checks.  For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).

4.7.2.     In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.

4.7.3.     If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless QuickSit from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.

TO THE EXTENT QUICKSIT PERFORMS SUCH CHECKS ON CERTAIN REGISTERED USERS, THE CHECKS ARE LIMITED AND SHOULD NOT BE TAKEN AS COMPLETE, ACCURATE, UP-TO-DATE OR CONCLUSIVE EVIDENCE OF THE ACCURACY OF ANY INFORMATION THOSE USERS HAVE PROVIDED OR OF THEIR ELIGIBILITY TO USE THE SERVICES.

5.     Termination

5.1.  QuickSit reserves the right, in its sole discretion, to immediately terminate your access to all or part of the QuickSit Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with QuickSit, with or without notice for any reason or no reason in its sole discretion, including without limitation if QuickSit should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, QuickSit shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

5.2.  Following any termination of any individual's use of the Site or the Services, QuickSit 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, general reputation, personal characteristics, or mode of living.

6.     Privacy

QuickSit uses the information you provide on the Site or via the Services or 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 Sites

7.1.  Links from the Site to external sites (including external sites that are framed by QuickSit) or inclusion of advertisements and other third-party content do not constitute an endorsement by QuickSit of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience.

7.2.  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 sites. QuickSit does not control such sites, and is not responsible for their content.

7.3.  Users further acknowledge that use of any site or content controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by QuickSit's Terms of Use and Privacy Policy. QuickSit expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold QuickSit harmless from any liability that may result from the use of links that may appear on the Site.

8.     Payment, Payment Processing and Refund Policy

In order to utilize some QuickSit Services or product offerings, the user of such Services or product offerings must pay QuickSit 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

8.1.1.     If you sign up for a QuickSit paid membership subscription, you agree to pay QuickSit all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide payment information. You authorize QuickSit, and/or a third-party payment processor (the “Payment Processors”) to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period, amount, and frequency of the charges will vary depending on the subscription plan selected. QuickSit reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

8.1.2.     To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize QuickSit to charge your chosen payment provider for the Services and/or products you purchase. You agree that if QuickSit 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.

8.1.3.     QuickSit uses third-party Payment Processors to bill you for Services through a payment account linked to your Account. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms and Conditions.  We are not responsible for errors by the Payment Processors. By choosing to gain paid access to the Services, you agree to pay QuickSit, through the Payment Processors, all charges at the prices then in effect for  any use of such paid access to the Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider. You agree to make payment using your selected payment method. QuickSit assumes no liability or responsibility for any payments made through the Payment Processors, and all such payments are non-refundable. We reserve the right to correct any errors or mistakes made.

8.2.  Automatic Subscription Renewal and Cancellation

QUICKSIT PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL 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 SITE 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.

8.2.1.     You may cancel your paid membership subscription at any time by following the instructions on your account settings page. If 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, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.

8.3.  Refund Policy

Except as set forth in these Terms or as described on the Site 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. Notwithstanding the foregoing, 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 QuickSit or to your credit card company. Additionally, if you are a Care 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 three (3) 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, QuickSit reserves the right to immediately downgrade or cancel your membership after payment of your refund. QuickSit does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.

9.     Release of Liability

9.1.  QuickSit does not employee Care Providers. Care Seekers may seek the services of a Care Provider through the use of the Site or Services, and Care Providers may post profiles and submit proposals to Care Seekers regarding their services.

9.2.  In some instances, we may provide Care Seekers a customized list of potential individuals, companies and/or agencies to consider based on the information the Care Seeker provides us regarding their preferences. However, if a Care Seeker agrees on the provision of services from an individual, company or agency we identify through any of those Services, such agreement is solely between the Care Seeker and the Care Provider; QuickSit is not a party to any such agreement.

9.3.  Any issues concerning the conduct of a Care Seeker or Care Provider including, without limitation, the services received by the Care Seeker or payment due to the Care Provider, must be resolved directly by the Care Seeker and the Care Provider. QuickSit shall not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues.

9.4.  By using this Site or our Services, you hereby represent, understand, and expressly agree to hold QuickSit harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Care Seeker, Care Provider or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Care Seekers, Care Providers or other users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Services, you agree to report any alleged improprieties of any users therein to QuickSit immediately by notifying QuickSit of the same via electronic correspondence.

10.  Age Restrictions

QuickSit is intended for people 18 or over.  Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.

11.  Disclaimers; Limitations; Waivers; Indemnification

11.1.                 No Warranty

 

The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by QuickSit, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. QUICKSIT DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN QUICKSIT; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, QUICKSIT EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

 

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, QUICKSIT MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.

11.2.                 Assumption of Risk

You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Registered Users.

11.3.                 Limitation of Liability

11.3.1.  Incidental Damages and Aggregate Liability. In no event will QuickSit 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 Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if QuickSit, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL QUICKSIT'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.

11.3.2.  No Liability for non-QuickSit Actions. IN NO EVENT WILL QUICKSIT 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 SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, 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 SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE 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.

11.3.3.  In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. QuickSit 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 Site. 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.

11.4.                 Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless QuickSit and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by QuickSit 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 Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Care Seeker or Care Provider using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. QuickSit and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of QuickSit. Users further agree to hold harmless QuickSit and its Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

12.  Copyright Notices/Complaints

It is QuickSit's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting QuickSit at contact@quicksitapp.com  

13.  Governing Law and Jurisdiction

13.1.                 Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Texas, including its statutes of limitations governing your claim, without giving effect to its principles of conflicts of law.

13.2.                 Unless you and we agree otherwise, you agree that any claim or dispute that has arisen or may arise between you and QuickSit must be resolved exclusively by a state or federal court located in the State of Texas. You and QuickSit agree to submit to the personal jurisdiction of the courts located within the State of Texas for the purpose of litigating all such claims or disputes.

14.  Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, 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 herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. 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.

15.  Severability

If a court decides that any term or provision of these Terms other than Section 13 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 these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.

16.  Miscellaneous Provisions

16.1.                 If you have any questions or need further information as to the Site or Services provided by QuickSit, or need to notify QuickSit as to any matters relating to the Site or Services please contact QuickSit at: contact@quicksitapp.com

16.2.                 Changes to Agreement. QuickSit may, from time to time, change the terms of this Agreement. When terms are changed, QuickSit will notify you by email or online postings and give you the opportunity to agree to such changed terms or terminate use of the Services. if you do not provide notice of termination of the Agreement within thirty (30) days of the applicable notification you will be bound by such charges.

16.3.                 Notices. Any notices provided by QuickSit under this Agreement may be delivered to you via U.S. mail or the email address(es) we have on file for your ACCOUNT. You hereby consent to receive notice from QuickSit through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not send on a business day then the next business day.  Any notices to QuickSit under this Agreement must be delivered via contact@quicksitapp.com

16.4.                 Electronic Communications and Signatures. You agree to the use of electronic communication in order to enter into agreements, and to the electronic delivery of notices, policies, records of transaction initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.