Send A Sitter Now, LLC (DBA SendaRide)
Terms and Conditions
Last updated: June 2, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the SendaRide web-based platform (the "Service") operated by Send A Sitter Now, LLC ("us", "we", or "our"). The following terms constitute a binding legal agreement between you and Send a Sitter Now, LLC, Inc. These Terms govern your use of our website, www.SendaRide.com (“Site”), our web-based platform (“Application”) and your use and participation in any related services provided through either (the “Services”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
SEND A SITTER NOW, LLC DOES NOT PROVIDE TRANSPORTATION OR PERSONAL CARE SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO INDEPENDENT, THIRD PARTY CARE PARTNERS TO OFFER TRANSPORTATION AND PERSONAL CARE SERVICES THAT ARE ARRANGED THROUGH USE OF OUR SERVICES. SEND A SITTER NOW, LLC OFFERS INFORMATION AND A METHOD TO ARRANGE SUCH THIRD-PARTY TRANSPORTATION AND PESONAL CARE SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION OR PERSONAL CARE SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION OR PERSONAL CARE SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You consent to e-mail and text message/SMS communication from Send a Sitter Now, LLC and other participants in the Services, including Care Partners. We do not charge for this Service. However, you are responsible for all message and data rates that may be charged from your carrier for these messages. You may not opt-out from these messages, as they are necessary for providing the Services. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
You, on behalf of your organization, consent to audio recordings of each ride, from the time the rider is checked in until they are checked out, by Send a Sitter Now, LLC. These recordings will not be used for any purposes other than ensuring each ride meets the standards expected of the company or to determine if any misconduct occurred during the ride by either party. Users may request that the company review an audio recording if a question about character or misconduct should arise.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Send A Sitter Now, LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Send A Sitter Now, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
You must register for an account on our Site to schedule transportation. You agree not to create an account using a false identity or this information, or on behalf of someone other than yourself. You shall have no ownership or other property interest in your account.
You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form.
You must provide all equipment and software necessary to connect to the Send a Sitter Now, LLC Properties, including but not limited to, a internet accessible device that is suitable to connect with and use the Send a Sitter Now, LLC. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Send a Sitter Now, LLC.
You must treat all information about participants in our Services, including profile information about Care Partners and other User Submissions as confidential information. You may use this information only for the purpose of fulfilling your obligations as a participant in the Services, and you may not share this information with any third party.
Send A Sitter Now, LLC has a cancellation policy for transportation and you will be charged if you fail to show and fail to cancel the reservation within the cancellation policy. Please see our Rules and other policies for details on these cancellation policies and applicable fees. Send a Sitter Now, LLC reserves the right to charge you cancellation fees and/or no-show fees. Depending on the services booked and the circumstances of the cancellation or no-show, such fees range from a flat-fee to the full quoted fare. You hereby authorize any such charges and fees.
You agree to fully and accurately complete your Riders’ profiles, and immediately update the form if there are any changes to this information.
You must ensure that their Riders are familiar with and follows all applicable rules.
You will inform the Care Partner of any specific instructions regarding the pickup or drop-off of the Rider.
User will have and maintain all necessary permissions to enable Care Partner to pick up Rider from the applicable pickup location and drop-off Rider at the applicable destination.
User will provide emergency contact information for the Rider on the Profile.
User agrees not to circumvent our Services to interact with a Care Partner outside of our application.
We reserve the right to refuse any potential User or Rider or to suspend or terminate any User’s or Rider’s eligibility to obtain transportation or Rider care services at any time, for any reason.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Send A Sitter Now, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Send A Sitter Now, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Send A Sitter Now, LLC.
Send A Sitter Now, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Send A Sitter Now, LLC 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Send A Sitter Now, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
You hereby release the Covered Parties from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Application or Services, or (ii) any transportation services arranged as a result of your activities through the Send a Sitter Now, LLC Properties.
Limitation Of Liability
In no event shall Send A Sitter Now, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Send A Sitter Now, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Users shall arrange transportation and/or Rider care services through the Site. Users will input their requests prior to any transportation services and Send a Sitter Now, LLC will endeavor to match the request with an available Care Partner. A RIDE REQUESTED IS NOT A GUARANTEE THAT A RIDE WILL BE ARRANGED OR PROVIDED. Although Users will be notified of the matched Care Partner prior to the transportation services, Users acknowledge that Care Partners may change prior to the transportation.
Care Partners are not covered parties under this agreement. Care Partners are not agents, employees, joint venturers, affiliates, franchisees or partners of Send A Sitter Now, LLC. We do not control or have the right to control the Care Partners, except to the extent we have provided them with our policies and procedures. We do not guarantee that a Care Partner will accept a request for transportation. We are not liable for the acts errors, omissions, representations, warranties, breaches or negligence of Care Partners or for any personal injury, death, property damage or other damages or expenses resulting from actions by a Care Partner. We have no liability and will make no refund in the event of any delay, cancellation or any other cause outside of our direct control.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Oklahoma, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
This section contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
a. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Send a Sitter Now, LLC that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Send a Sitter Now, LLC, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Send a Sitter Now, LLC should be sent to:13919-B North May Avenue, #210, Oklahoma City, OK 73134. After the Notice is received, you and Send a Sitter Now, LLC may attempt to resolve the claim or dispute informally. If you and Send a Sitter Now, LLC do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
c. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
d. Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
e. Time Limits. If you or Send a Sitter Now, LLC pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
f. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Send a Sitter Now, LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Send a Sitter Now, LLC.
g. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Send a Sitter Now, LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SEND A SITTER NOW, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
h. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
i. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
j. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
k. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
l. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
m. Small Claims Court. Notwithstanding the foregoing, either you or Send a Sitter Now, LLC may bring an individual action in small claims court.
n. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
o. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Oklahoma City, Oklahoma, for such purpose.
Care Partner Terms & Conditions
Abuse, Battery, Assault and Misconduct Prevention Policy
Send A Sitter Now, LLC prohibits and does not tolerate abuse, battery, assault or misconduct by any Independent Contractors or Employees at any time. Send A Sitter Now, LLC provides procedures for Subscribers, Riders, Independent Contractors and Employees to report such acts. Those reasonably suspected or believed to have committed abuse, battery, assault or misconduct will be appropriately disciplined, up to and including termination from our platform, as well as criminally prosecuted.
Definitions and Examples
The following definitions or examples of abuse, battery, assault, misconduct or harassment, apply to any and/or all Independent Contractors and Employees.
Abuse, battery, assault, misconduct or harassment may include, but is not limited to:
Child sexual abuse – any sexual activity, involvement or attempt of sexual contact with a
person who is a minor (under 18 years old) where consent is not or cannot be given.
Sexual activity with another who is legally incompetent or otherwise unable to give
Physical assaults or violence, such as rape, sexual battery, abuse, molestation or any
attempt to commit such acts.
Unwanted and intentional physical conduct, such as touching, pinching, patting,
brushing, massaging someone’s neck or shoulders and/or pulling against another’s body
Material such as pornographic or sexually explicit images, posters, calendars or objects.
Unwelcome and inappropriate sexual advances, comments, innuendoes, bullying, jokes,
gestures, electronic communications or messages (e.g. email, text, social media,
voicemail), exploitation, exposure, leering, stalking or invasion of sexual privacy.
A hostile environment characterized as comments or conduct that unreasonably
interferes with one’s work performance or ability to do the job or creates an
intimidating, hostile or offensive environment.
Direct or implied threats that submission to sexual advances will be a condition of
employment or affiliation with the organization.
Immediately report suspected abuse, battery, assault or misconduct to Send A Sitter Now, LLC at email@example.com or by calling 1-800- 731-1885 ext. 1. Send A Sitter Now, LLC will take every reasonable measure to ensure that those named in complaint of misconduct, or are too closely associated with those involved in the complaint, will not be part of the investigative team.
Anti-retaliation and False Allegations
Send A Sitter Now, LLC prohibits retaliation made against any Subscriber, Member, Independent Contractor, Employee or other person who lodges a good faith complaint of abuse, battery or misconduct or who participates in any related investigation. Making knowingly false or malicious accusations of abuse, battery, assault or misconduct can have serious consequences for those who are wrongly accused. Send A Sitter Now, LLC prohibits making false or malicious misconduct allegations, as well as deliberately providing false information during an investigation. Anyone who violates this rule is subject to disciplinary action, up to and including termination of contract, employment or membership and criminal prosecution.
Investigation and Follow-up
Send A Sitter Now, LLC will take all allegations of abuse, battery, assault or misconduct seriously and will promptly, thoroughly and equitably investigate whether misconduct has taken place. The organization may utilize an outside third-party to conduct an investigation of misconduct. Send A Sitter Now, LLC will cooperate fully with any investigation conducted by law enforcement or other regulatory/protective services agencies. Send A Sitter Now, LLC will make every reasonable effort to keep the matters involved in the allegation as confidential as possible while still allowing for a prompt and thorough investigation.
Reporting to Law Enforcement
Send A Sitter Now, LLC is committed to following the state and federal legal requirements for reporting allegations or incidents of abuse, battery, assault or misconduct to appropriate law enforcement. It is the policy of Send A Sitter Now, LLC not to attempt to investigate or assess the validity or credibility of an allegation of abuse, battery or assault as a condition before reporting the allegation to proper law enforcement authorities.
Independent Contractor and Employee Screening and Training
As part of its abuse, battery, assault and misconduct prevention program, Send A Sitter Now, LLC is committed to maintaining a diligent screening program for prospective and existing Independent Contractors and Employees that may have interaction with those employed by, associating with or serviced by Send A Sitter Now, LLC. The organization may utilize a variety of methods of screening and selection, including but not limited to applications, personal interviews, criminal background checks and personal and professional references. Send A Sitter Now, LLC conducts training for all new Independent Contractors and Employees and requires an annual review of our policies and procedures. Training protocol ensures that all Independent Contractors and Employees understand the definition of “Abuse, Battery, Assault and Misconduct” and apply such prohibitions of these actions to each and every encounter scheduled through the Send A Sitter Now, LLC platform.
Supervision of Transportation
To provide a safe environment, Send A Sitter Now, LLC strives to permit continuous real-time audio and video of all transportation services to any Subscriber wishing to listen and/or watch the transportation of their booked rider. In addition, the audio and video of all transportation services is stored on our secure server for a period of thirty calendar days.
Care Partner Terms of Agreement
Send a Sitter Now, LLC does not provide transportation or child care services. Send a Sitter Now, LLC neither owns, leases, nor operates any vehicles. Send a Sitter Now, LLC’s business is solely limited to offering a tool for Subscribers and Care Partners to connect for the purpose of transportation and/or childcare, in exchange for which Send a Sitter Now, LLC receives a contractually-agreed upon amount of the fee paid by Subscribers to the Care Partners.
By agreeing to these Terms, Care Partner represents he/she is in the independent business of providing childcare and/or transportation services, and understands and intends to create the relationship of principal and independent contractor and not that of employer and employee. Care Partner is not an employee, agent, joint venturer, franchisee, affiliate, or partner of Send a Sitter Now, LLC for any purpose.
Care Partner’s Obligations.
In consideration for authorization to use the Send a Sitter Now, LLC Services to arrange transportation and/or child care services, Care Partner represents and agrees that they will comply with the following contractual obligations:
Care Partner shall consent to Send a Sitter Now, LLC conducting a comprehensive background check, and will provide all necessary information to Send a Sitter Now, LLC so that the background check can be timely and accurately completed. Send a Sitter Now, LLC may deny Care Partner access to the Services based on the results of the background check to the extent permitted by applicable law.
Send A Sitter Now, LLC will authorize a third party to conduct the following background investigations for each Care Partner:
● SSN Trace Check (including address verification)
● Identity Verification
● National Criminal Check
● Unlimited County Criminal Checks
● Sex Offender Check
● Terrorist Check
● MVR Driving Record Check
● Drug screening
Send A Sitter Now, LLC requires each Care Partner to submit an application which includes his or her address, age, social security number, driver license, motor vehicle registration and automobile liability insurance.
Send A Sitter Now, LLC does not permit an individual to act as a Care Partner on our platform who:
1. Has had more than three moving violations in the prior three-year period, or one major violation, including but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license, in the prior three-year period;
2. Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, theft, acts of violence, or acts of terror;
3. Is a match in the National Sex Offender Registry database;
4. Does not possess a valid driver license;
5. Does not possess current proof of motor vehicle registration for the motor vehicle(s) used to provide transportation;
6. Does not possess proof of the automobile liability insurance and GAP insurance required by law for the motor vehicle(s) used to provide transportation;
7. Is not at least eighteen (18) years of age to provide child care services;
8. Is not at least twenty-one (21) years of age to provide transportation services; or
9. Has failed our drug screening.
Send A Sitter Now, LLC periodically re-verifies each Care Partner’s vehicle(s) and motor vehicle insurance, criminal background investigation, driving record information and performs random drug screenings to ensure continued compliance by each driver of our stated policies and procedures.
Care Partner acknowledges they have fully read and accept our Training Manual. Care Partners agree to adhere to the Training Manual, and all applicable laws and regulations governing the provision of transportation services in connection with any childcare and/or transportation arranged using the Services.
Send A Sitter Now, LLC Trade Wear
Send A Sitter Now, LLC reserves the right to implement a charge to Care Partners for the use of /or ownership of Send A Sitter Now, LLC materials, including but not limited to, a booster seat, car magnet, T-shirt, cell phone dash holder. Such charge will be disclosed in advance to the Care Partner.
Obligations and Requirements
· Send A Sitter Now, LLC reserves the right to remove Care Partner’s access to use the Send A Sitter Now, LLC platform at any time.
· Care Partners may only use the vehicle(s) included in their profile for transportation.
· Care Partners must own, lease, or have all other necessary rights, permits, licenses and certifications to lawfully operate the Approved Vehicle(s), and the Approved Vehicle(s) must be in good operating condition and meet industry appearance and safety standards and all applicable statutory and state department of motor vehicle requirements. Care Partner must notify Send a Sitter Now, LLC of any change or addition to the vehicles Care Partner intends to use to provide transportation services under these Terms by submitting to Send a Sitter Now, LLC photos, an updated description and vehicle registration and proof of inspection for any previously unidentified vehicle. The purpose of this provision is to enable Send a Sitter Now, LLC to determine whether Care Partner’s vehicle(s) meets industry standards and to comply with applicable law.
· Care Partner must not make any misrepresentation about Send a Sitter Now, LLC or the Services. Care Partners may not solicit Subscribers outside of the application for transportation or child care services.
· Care Partners must transport directly to the predetermined destination selected by the Subscriber.
· Care Partner agrees that he/she shall maintain a professional appearance.
· In order to comply with safety regulations:
i. Care Partner may not use his/her phone or other devices for texting or voice calls for any purpose while transporting a passenger, except if contacted by the Subscriber or Send a Sitter Now, LLC, in which event Care Partner agrees to pull safely over to the side of the road and answer the call or return the Subscriber or Send a Sitter Now, LLC’s call.
ii. Care Partner must immediately notify Send a Sitter Now, LLC and the appropriate Subscriber in the event of any delay or an emergency or other event that may threaten the health or safety of a passenger. In the event that a passenger has a health emergency while child care services or transportation services are provided, Care Partner must call 911 or drive the child to the nearest hospital, as appropriate, and then contact the Subscriber and Send a Sitter Now, LLC.
iii. Care Partner must have their current cell phone number listed on their account at all times.
iv. If and when applicable, Care Partner must install booster seats prior to pick up.
v. No adults over the age of 18 except for the Subscriber or an adult authorized by the Subscriber, shall be present in any vehicle during transportation.
vi Care Partner agrees not to discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
· During transportation, Care Partner will not interfere with the operation of the Application or disable the collection of location-based information from the Care Partner’s mobile device.
· A Care Partner shall not be permitted to use the platform unless they have allowed each of the following items:
i. Push Notifications
ii. Access to the Camera
iii. Access to the Microphone
iv. Geo Locations
Failure to comply with the foregoing shall constitute a material breach of the Terms.
Subject to the provisions of the Terms expressly set forth herein, Care Partner shall be solely responsible for determining how to perform the transportation and child care services arranged using the application. Care Partners agree to fully perform services in a timely, efficient and safe manner and in accordance with all Subscriber specifications. The provisions of these Terms reserving authority in Send a Sitter Now, LLC have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof. Except as to those provisions, Send a Sitter Now, LLC shall have no right to, and shall not, control the manner or prescribe the method, manner, or means Care Partners use to complete transportation.
Except as specifically set forth in these Terms, Care Partner is solely responsible for all costs and expenses incident to Care Partner performing services under these Terms, including, but not limited to, costs of fuel, fuel taxes, wages, employment taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes, licensing, insurance coverage, unemployment insurance and workers’ compensation contributions, and any other tax, fine or fee imposed or assessed against the equipment or you by any state, local, or federal authority as a result of an action by Care Partner or Care Partner’s personnel in the performance of Rides pursuant to these Terms. Failure to comply with these the foregoing shall constitute a material breach of the Terms.
Transportation or Child Care Services
After Care Partner is authorized to use the Services, the Care Partner will receive notifications via email or the App indicating that a Subscriber is requesting services and the details of that service, including the estimated fee for that service. If the Care Partner accepts the service, the Care Partner will receive additional information. Care Partner has the right to accept, reject and choose between services offered. Send a Sitter Now, LLC does not guarantee that any Care Partner will receive any minimum number of service offers. Care Partner shall have complete discretion to designate the dates he/she will be available to perform services. However, once Care Partner agrees to a service, Care Partner shall be contractually bound to fully perform that service and shall not cancel any service unless an emergency exists.
Care Partner shall be entitled to a fee for each completed service provided as a result of Care Partner’s use of the application. Care Partner also agrees to allow Send a Sitter Now, LLC to deduct a fee for arranging the service. Pricing will vary depending on the services requested, the time and date of the requests, and the locations. Pricing is estimated at the time of the request but subject to adjustment based on the final parameters, in accordance with Send a Sitter Now, LLC’s Fee Schedule, which schedule Care Partner shall receive in advance of providing any services under these Terms. When there is a change to the terms of the Fee Schedule, Send a Sitter Now, LLC shall provide notice of such change(s) to Care Partner via the Application or other written means. Prior to the disbursement to Care Partner, any fees owed to Send a Sitter Now, LLC for arranging the Ride will be deducted and Care Partner hereby authorizes all such debits. In all cases, Care Partner is responsible for all applicable taxes and required fees relating to the services. Care Partner is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to Care Partner under this Agreement, and Care Partner agrees to do so in a timely manner. Care Partner will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
Care Partners must possess insurance in all types of coverage and amounts required by law to provide the transportation services described in these Terms.
Care Partner must have a valid policy of liability insurance (in coverage amounts equal to or greater than all applicable legal requirements) covering the operation of the vehicle to cover any anticipated losses related to such Care Partner’s provision of transportation. Care Partner must provide proof of insurance to Send a Sitter Now, LLC before providing services.
Care Partner must be named or scheduled on their personal insurance policy covering the vehicle(s), and must also name any of their personnel that are authorized to use the Services.
Send a Sitter Now, LLC shall maintain all insurance it is required by law to maintain in connection with the Rides arranged using the Services.
Failure to comply with these insurance requirements shall constitute a material breach of the Terms.
a. MANDATORY AND EXCLUSIVE ARBITRATION: Send a Sitter Now, LLC and Care Partner mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall apply to any and all claims arising out of or relating to the Terms or these Care Partner Terms, Care Partner’s classification as an independent contractor, Care Partner’s provision of services under the Terms or these Care Partner Terms, the payments received by Care Partner and/or its personnel for providing services under the Terms or these Care Partner Terms, the termination of the terms or these Care Partner Terms, and all other aspects of Care Partner’s relationship with Send a Sitter Now, LLC, past or present, whether arising under federal, state or local statutory and/or common law.
(a) If either Party wishes to initiate arbitration, the initiating Party must notify the other Party in writing via email, certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Care Partner must be delivered to 13919-B North May Ave. #210, Oklahoma City OK 73134. Any demand for arbitration by Send a Sitter Now, LLC must be delivered to Care Partner’s last known address.
(b) Class Action Waiver: Care Partner and Send a Sitter Now, LLC mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
(c) Care Partner agrees and acknowledges that entering into this arbitration agreement does not change Care Partner’s status as an independent contractor in fact or in law, that Care Partner is not an employee of Send a Sitter Now, LLC and that any disputes in this regard shall be subject to arbitration as provided herein.
(d) Any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), except as follows:
1. The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney or retired judge with experience in the law underlying the dispute.
2. If the Parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in the county in which Care Partner provided Rides under the Terms and these Care Partner Terms.
3. Unless applicable law provides otherwise, as determined by the Arbitrator, the Parties agree that Send a Sitter Now, LLC shall pay all of the Arbitrator’s fees and costs.
4. The Arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
5. Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
6. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
7. The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
8. Either Care Partner or Send a Sitter Now, LLC may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Dispute Resolution provision may be rendered ineffectual.
(e) Regardless of any other provision in the Terms or these Care Partner Terms, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
(f) The AAA Rules may be found at www.adr.org. Care Partner may also request a copy directly from Send a Sitter Now, LLC.
(g) Right To Consult With An Attorney: Care Partner has the right to consult with private counsel of Care Partner’s choice with respect to any aspect of, or any claim that may be subject to, this Dispute Resolution provision. In the event any portion of this Dispute Resolution provision is deemed unenforceable, the remainder of this Dispute Resolution provision will be enforceable. If the Class Action Waiver is deemed to be unenforceable, Care Partner and Send a Sitter Now, LLC agree that the Dispute Resolution provision is otherwise silent as to any party’s ability to bring a class, collective or representative action in arbitration.
Send a Sitter Now, LLC and Care Partner agree that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Care Partner the right to choose when to make himself/herself available and each service is treated as a separate service arrangement. These terms may be terminated by either the Care Partner or Send a Sitter Now, LLC upon seven (7) days’ written notice, or immediately upon written notice in the event of a material breach of the Terms. What constitutes a material breach is not limited by the express provisions of the Terms. After notice of termination of the Terms and these Care Partner Terms, Care Partner agrees to return the Send a Sitter Now, LLC t-shirt, booster seat and decal to Send a Sitter Now, LLC within 24 hours.
Care Partner Training Manual
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When changes are made, we will make a new copy of the Terms available in the Application. We will also update the “Last Updated” date at the top of these Terms. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.