Terms and Conditions

These Terms and Conditions are a legal agreement between You and AVKO, Inc. (“AVKO”) dba Huddle Sitters, a Delaware corporation, with a mailing address of 4730 University Way NE, Suite 104 (PMB 2002), Seattle, WA 98105-4424. By accessing this website, any pages and sub-sites of this website, and/or using any of the AVKO platforms or Services (as defined below), you agree to and are bound by these Terms and Conditions as well as the AVKO Privacy Policy (collectively, the “Terms”) for as long as you continue to use the Platform. The Terms govern the relationship between you and AVKO and all of your use of the Platform and Services, and you agree that the Terms are the equivalent of a written, negotiated agreement signed by us and you.

As used in the Terms, “We,” “Our,” and “Us” refer to AVKO; “You” and “Your” refers to the person using the Platform and/or any Service; “Platform” refers to the mobile application, software, processes, tools, and features, and the manner and process by which You communicate with Us and share information; “Site” refers to any AVKO website and all of its sub-sites and webpages; and “Services” refer to the services on the Platform.

Modifications

We reserve the right, in our sole discretion, to modify, add, or remove any part of the Terms. Please check the Terms periodically for changes. If we make changes, We will revise the “Last Updated” date at the top of this webpage, and the revised version will be effective immediately when it is posted. In addition to these Terms, certain business services may require You to agree to other terms, which will be presented to You when You sign up to use such services.

1.Description of Service

• Platform. We provide the Platform for parents or guardians (as the “Parent,” whether single or dual) and individuals willing to provide certain care for children of Parents (each, a “Provider”) to locate each other, to connect and coordinate, to solicit or post for available opportunities, apply for opportunities, and to share information (the “Services”). You understand and agree that we have no obligation to provide any service in any specific location or territory, nor to continue providing it once we have begun.
• Not Care Provider; Providers are Independent. We do not provide any care services, are not an employment or other agency, and do not employ, control, supervise, or oversee any Provider or any Parent. We only provide the Platform for each’s mutual use, as each determines in their own discretion. Each Provider is an independent, self-employed individual who offers care services directly to Parents. We do not employ, engage, supervise, train, or control any Provider, nor do We determine the hours, locations, manner, means, tools, or methods by which any Provider performs any service. No agency, partnership, joint venture, employment, or franchise relationship is created or intended to be created between Us and any Provider, or between any Users by virtue of using the Platform. Providers are solely responsible for their own taxes, insurance, licenses, permits, reporting obligations, and compliance with all applicable federal, state, and local laws.
• Internal Verification. We may, but are not obligated to, verify, vet, or check the background of any user. Your registration of an account and/or use of the Platform is Your consent that we may do so, and may use third-party vendors and third-party consumer reporting agencies (“Internal Check”). Our use is solely for internal purposes and You should not rely on them in your use of the Platform or for any interaction or booking. You are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting the person you determine is appropriate.
• Fair Credit Reporting Act. Any Internal Check, such as when using a third-party consumer reporting agency, is considered a “consumer report” under the Fair Credit Report Act (“FCRA”). Such reports may contain information on your character, general reputation, personal characteristics; education history; employment history and verification; workers’ compensation claims; credit history and creditworthiness; criminal history and civil court records; social security number verification; and driving records and driving violations. We are not, however, a “consumer reporting agency” as that term is defined in the FCRA, and any information We collect or receive is not (1) collected in whole or in part for the purpose of furnishing consumer reports, (2) used to establish a user’s eligibility for personal credit or insurance, (3) used to evaluate a user for employment purposes (including employment of a Provider), or (4) used for any rental or leasing agreement. You have rights under the FCRA. A “Summary of Your Rights Under the Fair Credit Reporting Act” is available at consumerfinance.gov/consumer-tools/. Residents of certain states may also have the right to request from the consumer reporting agency a written summary of the report.

2.Account Registration and License

• Eligibility. The Platform and Service is available only to living human beings, residing in the United States who (a) are at least eighteen (18) years of age; (b) have not been convicted of any crime involving physical, sexual, or emotional violence, abuse or neglect; the endangering the safety of any person; or a felony involving drug, or any type or theft or unlawful taking; and (b) have not been required, and are not currently required to register as a sex offender.
• Registration. Parents and Providers may register an account on the Platform with a mobile telephone number, email, and legal name. By registering an account, You agree to these Terms, and agree that We can modify any of the Terms at any time in our discretion and You will abide and by bound by the Terms as modified. You are solely responsible for safeguarding your log-in credentials and password, and for all activity, conduct, and communications using your account. We will have no liability whatsoever arising from or related to any loss or credentials or password or to any unauthorized use.
• Consent. By creating an account, You consent to receiving communications, whether as a direct or text (SMS) message, email, or phone call from Us or from other users. You further consent to Us and other users communicating with you electronically, and to Your receipt of notices, reminders, and documents, and information arising out of Your use of the Platform and any Service.
• Consent to Share Contact Information. At this time, the Platform does not support direct messaging between Users, and communication between users therefore occurs directly between them through their phone number and/or email. You understand that We will share, and consent to Us sharing, with other users the phone number and/or email address You provide us.
• Limited License. Subject to the Terms and compliance therewith, We grant each user, as Parent or Provider, a limited, non-exclusive, and revokable license to use the Platform and the Service. This license is personal to the person and for the personal use solely for the purposes of the Service and for no other purpose. No license is granted, and You warrant and agree that You will not use the Platform, Service, or Site, for or on behalf of any third-party, for commercial use; to distribute, offer or sale, sell, promote, or advertise any other product or service; or otherwise exploit the Platform, Service, or any other service or product.
• Update. You have an obligation and agree to keep current Your account information. If you change your mobile phone number or email, You agree to update Your account information.
• Deactivation. You may suspend or terminate your use of the Platform at any time as You decide. You may also deactivate your account at any time by emailing Us at help@huddlesitters.com. Any suspension or termination of use, or any deactivation of Your account, will not in any way end any outstanding obligations You may have, including any payment obligation to another user, and all of Your obligations will continue notwithstanding any deactivation or termination of your account.

3.Use of Platform and Service

As a user of the Platform and Service, You agree to the following:

• Exclusive Use. Your account is to be used only by You. You may not authorize others to use Your account; You may not assign or otherwise transfer Your account to any other person or entity; and You may not impersonate any other person. You acknowledge that We are not responsible for third-party access to Your account that results from theft, misappropriation, hacking, or spoofing of Your username or passwords.
• Intended and Legal Purpose. You agree to use the Platform in good faith only for its intended purposes, and not for or in connection with any illegal purpose or activity. You will only use the Platform and Service in accordance with federal, state and local laws.
• Information Submitted. You are solely responsible for and assume all liability regarding (i) the information, data, and content You provide Us or to any user, (ii) the information you post or otherwise convey on or through the Platform, and (iii) Your interaction with any and all users and, as related to the Platform and Service, third-parties (collectively as “Content”).
• No False Information. You agree that all Content will be true and accurate; that You will not misrepresent yourself; and that you will not conceal or withhold information that, if not provided, would make the Content you did provide misleading or deceptive. In the event that We determine, in our sole discretion and judgment, that Content You provided is in any way false, inaccurate, misleading, deceptive, or fraudulent, We reserve the right to terminate Your access to the Platform, with our without notice, warning, or opportunity to correct or cure.
• Illicit Conduct. You will not post, convey, share, disseminate, or discuss on or through the Platform, any content or materials that are threatening, harassing, abusive, defamatory, pornographic; that contain nudity or violence; are in any way encourage, incite, or promote violence, illicit or illegal activity; or do or would violate intellectual property rights or the rights (for example, privacy rights) of others.
• Reviews. You agree that any review as to any service, or any comment as any other user will be truthful as to the service and interaction and based on Your actual experience, is not misleading, or is to intentionally or unfairly denigrate or harm the reputation of another.
• Personal Information. You will use the Platform and all of the information and content You obtain or access by use of the Platform and any Service solely for that Service. You will not, directly or indirectly, with or through another, collect, harvest, scrape, publish, sell, or use for purposes of targeted advertising, any information of any user, including but not limited to information related to users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes.
• Hacking and Harmful Technology. You will not, directly or indirectly, with or through another, (i) make any attempt to hack, decompile, reverse engineer any aspect, feature, tool, or code of the Platform, (ii) seek or attempt to seek to circumvent, disable, or interfere in any way with the Platform and its functionality and use, or (iii) take any action that would distribute or upload, or attempt to distribute, any virus, cancel bots, Trojan horse, worms, malware, ransom ware, ad ware, logic or time bombs, or any other similar or malicious technology.
• Identity, Qualifications, and Information Disclaimer. We do not verify or guarantee the identity, background, character, qualifications, professional experience, certifications, biography, availability, or representations made by any User. We do not confirm whether any User’s information, calendar availability, images, references, or statements are true, accurate, complete, current, or not misleading. Users may misrepresent themselves, and You acknowledge that fraudulent, deceptive, or inaccurate information may be submitted by Users. You are solely responsible for verifying the identity, background, experience, and suitability of any User with whom You interact.
• Suspension and Removal. We have the right to take any action with respect to any account for any violation of the Terms or any conduct that that we determine, in our sole and complete discretion, is inconsistent or conflicts with our policies.

4.Payment and Subscription

• Parent Subscription. Each Parent account may elect to subscribe to a monthly or an annual plan (whether monthly or annually, the “Subscription Period”). You are required and will be responsible to pay all subscription fees incurred for each Subscription Period. For any non-payment, You agree that we may suspend or terminate Your account.
• Automatic Renewal. Your Subscription will automatically renew at the end of Each Subscription Period for a successive Subscription Period of the same duration, commencing on the first day following the end of prior Subscription Period, and You will be charged the then-current fee applicable to Your subscription.
• Cancellation of Renewal. To cancel the automatic renewal of Your subscription, and to avoid being charged for the next Subscription Period, you must provide written notice of your cancellation prior to the end of Your Subscription Period. If you cancel your subscription, you may use your subscription until the end of Your then-current Subscription Period, and Your subscription will not be renewed. However, You will not receive a pro-rated or partial refund of the fees paid for Your then-current Subscription Period.
• Price Changes. Your subscription price will not change during a Subscription Period. However, we may, and reserve the right to, change the subscription fee for any renewal or succeeding Subscription Period.
• Payment Processing. We use Stripe as a Third-Party Service provider to process payments between You and Us. You understand and agree that Stripe handles all payments or monetary transactions that occur through Your use of the Platform. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Platform and/or Stripe. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. We are not liable, and You agree to not hold us liable, for any payments or monetary transactions that occur through your use of the Platform, nor for any issues regarding any monetary transactions between you and any other third party, including Stripe. We are not liable for any payment errors, failed payments, unauthorized charges, or errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. Any issues or requests for correction or refund related to any payment errors, failed payments, unauthorized charges, or errant or invalid transactions should be addressed to the payment processer (e.g., Stripe) and/or the issuer of Your account or card.

5.Bookings

• Direct Contracts Between Users Only. The Platform facilitates communication and coordination between Parents and Providers; however, all bookings, agreements, engagements, decisions, and arrangements between Parents and Providers occur solely between those Users. We are not a party to, and You agree We will not be responsible for, any agreement, transaction, promise, or commitment made between Users. We do not control, direct, supervise, or dictate the availability, performance, timing, quality, safety, duration, or legality of any service provided by a Provider. We do not control, direct, or supervise any Parent; guarantee any Parent’s suitability; the suitability of a Parent’s residence or other location; or an environment free of hazards and risks. You acknowledge and agree that any dispute, issue, performance failure, cancellation, or disagreement between Users must be resolved solely by and among those Users.
• Parents and Providers. All interactions, booking, and transactions between Parents and Providers, or with any user or third-party, is solely between them as each may determine and decide in their sole discretion. We are not party to any agreement or transaction made, nor to any performance or non-performance, and You agree to not look to us to enforce or compel performance, nor rectify or resolve any non-performance, poor service or quality, or any problem, damage, or injury that may occur.
• No Screening or Verification. You understand and acknowledge that We solely provide the Platform, may not screen any user; may not verify the identity of any user or the information or Content they provide; may not conduct any background check of any kind. We make no representations or warranties of any kind, and specifically disclaim all representations or warranties, express or implied.
• Own Responsibility. Your use of the Platform and interactions with others is at your sole and exclusive risk. You are solely responsible to evaluate the other user, their suitability for any service, opportunity, or engagement, and to conduct any verifications, screenings, and background checks as You determine is prudent and appropriate to make an informed and safe decision.
• No User-to-User Payments Through the Platform. At this time, the Platform does not process or facilitate payments between Parents and Providers, and any compensation or payment arrangement between Users must occur outside the Platform and solely between those Users. We are not responsible for any payment, non-payment, rate disagreement, reimbursement, cancellation fee, or financial arrangement between Users, and You agree that any such matter must be resolved directly between the Parent and Provider.

6.Assumption of Risk / Releases

• General Risks. You understand and acknowledge there are risks inherent in any on-line activity and any interaction or transaction with new persons, and with the care of minors. We do not monitor or control any user, nor do we train or supervise any Provider. We cannot and do not guarantee that all of your interactions with other users, or with their families and others associated with them, will always be 100% safe and respectful. As such, Your use of the Platform and any agreement to any booking or interaction is at Your sole and exclusive risk. You assume all risks, which include, but not limited to, deceptive conduct, fraud, theft, property damage, injury, illness, and even death. You also agree not to rely solely on Us to screen, verify, or check any user and to take precautions sufficient to protect You, Your family, and Your property. The Platform is also not intended for emergency or urgent situations, and We do not provide emergency assistance, crisis intervention, real-time monitoring, or any form of immediate response. If You believe that any person, including any child or minor, is in danger, injured, or at risk of harm, You must immediately contact 911 or the appropriate emergency services.
• No Supervision or Oversight of Minors. You acknowledge and agree that We do not supervise, monitor, or oversee any care provided by a Provider, nor do We supervise or monitor any child, minor, or vulnerable person at any time. Parents are solely responsible for determining whether a Provider is qualified, trustworthy, and appropriate to care for their children; for providing accurate instructions, emergency information, and expectations; and for ensuring that their children are cared for in a safe environment. We do not verify, evaluate, or guarantee any Provider’s skill, training, certifications, experience, or ability to care for children. All decisions to leave a child with a Provider are made solely at the Parent’s discretion and risk.
• Parent Conduct and Environment Risks. You acknowledge and agree that We do not supervise, monitor, evaluate, or control any Parent, any household member, guest, or other person present at any location where a booking occurs, nor do We assess or guarantee the safety, suitability, or condition of any home or environment. Providers assume all risks associated with entering any Parent’s home or interacting with any Parent, household member, guest, or third-party, including the risk of inappropriate, unsafe, negligent, or unlawful conduct. To the fullest extent permitted by law, You release and discharge Us from any and all claims, losses, liabilities, injuries, damages, and causes of action arising out of or relating to the conduct, acts, omissions, or environment provided by any Parent or any person associated with a Parent.
• No Insurance Provided. We do not provide, offer, or maintain insurance of any kind for any User, including but not limited to liability insurance, personal injury insurance, medical insurance, health insurance, household or property insurance, workers’ compensation coverage, or automobile insurance. Parents and Providers are solely responsible for obtaining and maintaining any insurance coverage they deem appropriate or necessary for themselves, their families, their homes, their vehicles, or their services.
• Legal Releases. We will not be responsible or liable for, and To the fullest extent permitted by law, You release and Discharge Us (and Our owners, directors, officers, employees, agents, affiliates, and successors) from, any and all liability for any harm, damage, injury, Loss, or claim arising out of or related to (i) Your interaction with other users, any transaction or engagement (even if arranged through or because of the Platform), (ii) or the actions or inactions of any user or other person, or (iii) any accident, injury, misconduct, negligence, or harmful act occurring in connection with any booking arranged through, arising out of, or related to the Platform.

To the fullest extent permitted by law, You, for Yourself and on behalf of any minor child or dependent in Your care, release and discharge Us (and Our owners, directors, officers, employees, agents, affiliates, and successors) from any and all claims, losses, liabilities, injuries, damages, and causes of action of any kind, known or unknown, arising out of or relating to (i) any interaction between Your child or dependent and any Provider, User, or third-party, (ii) any care or failure to provide care by a Provider. You further acknowledge that We do not and cannot guarantee the safety, behavior, or suitability of any Provider or other User.

7.Your Information and Privacy

• Privacy Policy. For information about the collection and possible use of information and material provided by You, please visit Our Privacy Policy. By using the Platform, You are consenting to the terms of Our Privacy Policy.
• Information Security. We employ commercially reasonable efforts to protect Our Platform from unauthorized access, alteration, or use, and to protect Content provided to Use from illegal or unauthorized use. In particular, we: (i) use encryption with industry standard methods, and (ii) review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. However, we cannot guarantee the security of any Content or information You post or share on the Platform.
• Name, Image, and Likeness. While we do not sell Your name, voice, image, persona, or likeness (collectively “NIL”), You understand and agree that we may use Your NIL as part of our offering the Platform, to offer any feature or service (including through third-parties), and to comply with our obligations. You waive and release Us from any claim, cause of action, damage, loss, defamation, invasion of your rights or privacy, and violation of any law regarding NIL, all whether known or unknown, arising out of the use of the Platform and any Service.
• Disclosure by Law. You acknowledge and agree that We may disclose information You provide if required to do so by law, at the request of a third-party, or if we, in our discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Our, or a third-party’s, rights or property.
• No Duty to Monitor or Report. We do not and cannot monitor Users’ interactions, conduct, communications, caregiving practices, or compliance with law. We are not a mandated reporter and do not assume any duty to report suspected abuse, neglect, misconduct, or illegal activity. However, We may, at Our sole discretion, report suspected harm or unlawful activity to law enforcement or child-protective authorities if We deem such action appropriate. Users should contact local authorities immediately if they believe a child or any person is in danger or requires assistance.
• Use of Anonymous Information for Improvement. By using the Platform and/or Services, You agree to allow Us to use anonymized information from You and Your experiences through to continue Our improvement and modification of the Platform, Our practices and policies, and to improve any, or create any new, product, service, tool, or feature. You further agree we may aggregate Your use and experience on our Platform for us to evaluate and improve the Platform, our offerings and services, and how users interact with us and our Platform.

8.Third-Party Services / AI

As part of the Platform, like most if not all mobile applications and other providers, We utilize software, applications, programs, and services from third-parties (the “Third-Party Services”) that include those listed below. You understand and acknowledge that we are using Third-Party Services, and consent to Us transmitting, storing, and, sharing Your information and data with Third-Party Services.

As part of the Platform and its use, or to use certain features or tools, Third-Party Service providers may require Your consent to their terms of service and privacy policies. You should review their terms and policies before providing consent, and some may be found here:

• Google: Privacy Policy – Privacy & Terms – Google
• OpenAI: Terms of use | OpenAI
• Twilio: Twilio Terms of Service | Twilio
• Customer.io: Terms of Service | Customer.io
• Cloudflare: Terms of Use | Cloudflare
• Amplitude: Terms of Service | Amplitude
• Stripe: Stripe Services Agreement – General Terms

The Platform may identify or contain references or links to websites of third-parties, including advertisers (“Third-Party Sites”). We do not control a Third Party Site and are not responsible for the content on any Third-Party Site. We provide information about our links to Third-Party Sites as a convenience to You, which does not imply that We endorse any Third-Party or the content on such Third-Party Sites. You may choose or decline to have business dealings with such Third-Parties, and any business is solely between You and them. You agree that AVKO will not be responsible or liable for any loss, damage, or injury of any kind or nature incurred as the result of either reference or links to Third-Party Sites, or Your dealings with such Third-Parties.

We may use artificial, machine, or other intelligence, and other similar technology (collectively as “AI”) to help us provide and improve the Platform or any Service; to help Us create and offer a new service, feature, tool, or technology; and to evaluate, analyze, distill, and use the Content, data, and other information provided to Us. You consent to Our use of AI and to our transmission and sharing of all Content, data, and other information to such AI providers and their use, processing, compiling, transmitting, and sharing such data and information. We do not sell any of Your Personally Identifying Information, to include any of Your contact information.

9.Ownership Rights

• Platform Content and Copyright. All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces, and computer code on the Platform, including but not limited to the design, coordination, “look and feel,” and arrangement of elements (collectively the “Platform Content”) is owned or licensed by or to Us. The Platform Content is protected by copyright, trademark, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Platform Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted, distributed, or exploited in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without AVKO’s prior written permission. Nothing on the Platform should be construed as granting any license or right to use any Platform Content.
• Intellectual Property Rights. We retain all right, title, and interest in and to the Platform, the technology, and the software used to provide it, and all intellectual property and proprietary rights we have in the Platform and any service we offer. Except for your license in Section 2 to access and use the Platform and the Services offered, nothing in these Terms diminishes our rights in, nor licenses or conveys to You or to anyone, any of our intellectual property or proprietary rights. We further retain all right, title, and interest to our name, brand and trade names, logos, service marks, and any copyrights or trademarks We now have or may obtain (collectively, our “Marks”). Nothing in these Terms or Your use of the Platform grants You any right to copy, use, disseminate, sell, or exploit any Mark.
• License Regarding Your Content. You retain all ownership interest in and to all data and information You provide to us. However, by submitting data and information, You grant Us a perpetual, non-exclusive, irrevocable, royalty-free license to use, reproduce, modify, transfer, summarize, and/or distribute such data and information. This license specifically includes the right for Us to make such content available to Third-Party Service providers and AI.
• License to Provided Content. By providing Content or other information to a public area of the Platform, You automatically grant, and You represent and warrant that You have the right to grant, to both Us and to other users of the Platform, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such Content and information, and to grant and authorize sub-licenses of the foregoing.
• Digital Millennium Copyright Act (“DMCA”). We will follow the DMCA and respond to claims of copyright infringement on our Site if notice is provided in accordance with this sub-section (e). If you believe in good faith that your that your intellectual property rights have been violated by Us or by a third-party who uploaded or posted content on our Site, please provide us written notice that contains includes all of the following information:
  • A description of the copyrighted work you believe to have been infringed;
  • A description of the URL or other location on our Site of the material you believe to be infringing;
  • Your name, mailing address, telephone number and email address;
  • A statement 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, which you make 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; and
  • Your electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Our designated agent for notice of copyright infringement can be reached at: help@huddlesitters.com. We may request additional information before removing any allegedly infringing material.

10.Disclaimer of Warranties

11.Indemnification

You agree to indemnify, defend, and hold harmless AVKO (and its directors, officers, shareholders, managers, employees, agents, representatives, and affiliates) from and against any losses, liabilities, damages, injuries, claims, costs, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) any violation by You of the Terms; (b) Your breach of any agreement with Us; (c) Your violation of any applicable law, rule, or regulations, and (d) any Content or information You provide which violates a third-party’s rights. We reserve the right without any obligation to assume, at our cost, the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting and prosecuting any available defenses.

12.Resolution of Disputes and Claims – Arbitration

• Disputes. While We do not expect to have any dispute with You, We want to ensure a fair and efficient process to resolve a dispute should one arise. This Section 12 applies to all disputes and grievances; all claims, cause of actions, demands, damages, losses, and injuries, whether arising by contract, tort, statute or law, regulation, warranty, or otherwise; and the interpretation and construction of these Terms (each and collectively, a “Dispute”). You and We each understand that the law may grant You and Us the right to bring a lawsuit in public court and to have certain claims decided by a jury. You and We each give up and waive all such rights in favor of the dispute resolution procedures in this Section 12. Each and every Dispute shall be addressed and resolved as follows:
• First: Informal Resolution. Subject to Section 12(e) below, You and We agree to attempt to avoid the risks and expense inherent in formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes eligible to be resolved in small claims court or our collecting on amounts owed to Us, the party asserting the Dispute must send to the other party a “Notice of a Dispute,” which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send Your Notice to AVKO, Attention: Legal, of 4730 University Way NE, Suite 104 (PMB 2002), Seattle, WA 98105-4424. We will send our Notice to You at the contact information we have available. You and We will then attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning from the date the Notice of a Dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute stated in the Notice (the “Conference”). If you are represented by counsel, Your counsel may participate in the Conference, but you will also need to individually participate. We will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a Dispute, You or We may then utilize arbitration under Section 12(c) below.
• Arbitration. Subject to Section 12(e) below, If a matter is not resolved under Section 12(b); or You or We do not either respond to Notice of Dispute within twenty-one (21) days or attend the Conference without reasonable justification, then either You or We may initiate arbitration to resolve the Dispute as stated in the Notice of Dispute. No other Disputes may be added without the other Party’s prior written consent; that is, all Disputes are subject first Informal Resolution under Section 12(b) above. Arbitration shall be with American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified under these Terms. The Arbitrator is authorized to and shall award to the proper party, or parties, all relief and remedies, if sufficiently proven and established, as could a public court of law. Further, nothing in this Section 12 precludes either You or Us from reporting to any government agency any violation of the law, or participating in any administrative or other action.
• Arbitration Procedures. This Section 12 is intended to modify, and shall control over any conflict with, AAA Rules and procedures. Without establishing that discovery is permissible, any discovery, if and as permitted, shall be limited to no more than six (6) interrogatories, including discrete sub-parts; five (5) specific, narrowly tailored requests for production (general, broad, and all-encompassing requests are not permitted); and depositions shall be no more than three hours of testimony.
• Exceptions. Sections 12(b) and 12(c) need not be followed for either (1) Our collection of fees or other amounts owed, where the relief sought is only collection of the amounts; (2) a claim that may be brought in small claims court in King County, Washington District Court, which shall only be brought in such court, so long as the matter remains in small claims court and proceeds only on an individual basis; or (3) a request for an emergency or temporary restraining order, and/or for a preliminary injunction, however, no later than after a Court issues a preliminary injunction or makes a determination on such application for injunctive relief, the parties shall submit any Dispute or matter, including those which are the basis for seeking injunctive relief, to the arbitration procedures set forth in this Section 12, such that the Arbitrator will decide the merits of all Disputes, claims, and matters, including the underlying merit of the injunctive or equitable relief, the merit and propriety of any permanent injunction, and any claims or issues regarding the seeking or issuance of any injunctive relief or any bond imposed by the Court.

13.Class Action Waiver

• Waiver. We and You each agree that each must bring any Dispute, and any dispute, claim, cause of action, lawsuit, or proceeding, of any nature, and whether based in statute, equity, or otherwise, solely in an individual capacity and on an individual basis, and may not be on a collective basis nor consolidated with any other claims, suit, arbitration, or proceeding involving others. You and We further agree that any court, arbitrator, or other decision maker may not consolidate more than one party’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator under Section 12 shall have no jurisdiction whatsoever to hear such claims. If a court or arbitrator finds that the Waiver on Section 13(a) is unenforceable as to all or some parts of a Dispute, then the waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding under Section 12.

14.Law Applicable to Our Relationship

We and You each agree that Washington law shall apply to our relationship, these Terms, the Platform, and the Services (without giving effect to any choice or conflicts of law principles), and that any action or proceeding must be brought in a state or federal court located in King County, Washington. You and We both submit to the jurisdiction of such courts and waive all objections and defenses as to a different or more convenient forum.

15.Limitation of Liability and Damages

b. Personal Injury and Damages. We will not be liable for, and for Yourself and Your heirs, representatives, and trustees, to the fullest extent of the law release and discharge Us (and our directors, officers, shareholders, managers, employees, agents, representatives, and affiliates) from all damages, injuries, losses, which shall include all bodily and personal injury, even death, emotional distress, theft, property damage, and fraud, arising out of or relating to the acts or omissions of, or Your transactions and interactions with, users and other third-parties, even if you first learned of the person, or the interaction or transaction initially formed, on or through the use of the platform.

16.General Provisions

• Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our foreseeable and reasonable control, which include but are not limited to, acts of God, natural disasters (including earthquakes, hurricanes, wildfires, and the like) floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or civil orders or moratoriums.
• Assignment. You may not (by contract, operation of law or otherwise) assign any rights or remedies You have in the Terms, the Platform, or any Service We provide, without our prior written consent, which may be granted or withheld in our sole discretion. Subject to the foregoing restriction, any assignment will be fully binding upon, inure to the benefit of, and be enforceable by Your and our respective successors, assigns, and legal representatives.
• Nonwaiver. Our failure to insist upon or enforce strict performance of any provision of the Terms or to exercise any right or remedy will not be interpreted or construed as a waiver or relinquishment to any extent of Our rights to assert or rely on any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
• Modifications. We may update the Terms at any time, and You agree to all such changes. We encourage You to periodically review this webpage for the latest information.
• Severability. If a court or, if and as applicable, an arbitrator, determines that any part of these Terms is invalid, illegal, or unenforceable, all other terms and provisions shall remain unchanged and in full effect, and the court or arbitrator may sever so much of the offending portion as is necessary to render all remaining portions valid and enforceable.

Questions? Email us at help@huddlesitters.com.