Welcome to SynapseSitters.com, a business networking platform operated by Synapse Sitters, LLC, an Indiana limited liability company ("Synapse Sitters"). This agreement (the “User Agreement”) between Synapse Sitters and you governs your use of the Synapse Sitters platform, including without limitation the www.SynapseSitters.com website (collectively the “Platform”), and sets forth the terms and conditions under which you may use the Platform. You must be at least 18 years of age to use the Platform.
BY USING THE SYNAPSE SITTERS PLATFORM OR BY REGISTERING AS A MEMBER YOU SIGNIFY YOUR AGREEMENT TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS, JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, PLEASE DO NOT USE THIS PLATFORM AND DO NOT REGISTER AS A MEMBER.
Please check this User Agreement periodically for changes as Synapse Sitters reserves the right to revise this User Agreement at any time without prior notice to you. Your use of the Platform following the posting of any change to this User Agreement constitutes acceptance of such change. Synapse Sitters reserves the right to terminate your use of the Platform at any time without notice.
Upon your agreement to this User Agreement, Synapse Sitters grants you a non-exclusive, non-transferable, limited license to use the Platform in accordance with the terms and conditions in this User Agreement and other notices and instructions accessible from the www.SynapseSitters.com website. You agree not to make any false or fraudulent statements in your use of or to gain access to the Platform. You acknowledge and agree that all images, ideas, intellectual property, designs and services available on the Platform are the property of Synapse Sitters and its advertisers or licensors, and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. All rights not expressly granted herein are reserved by Synapse Sitters, or its advertisers or licensors.
Except as may be explicitly permitted through use, you shall not download, cut and paste, copy test or images, sell, license, rent, lease, modify, distribute, sell, reproduce, transmit, publicly perform, publish, adapt, edit or create derivative works from concepts, code or content of the Platform. Systematic retrieval of data or other content from the Platform to create or reproduce directly or indirectly, intellectual, application, database or directory information or contents without written permission from Synapse Sitters is prohibited. In addition to the above, any use of content or materials developed by Synapse Sitters and/or its advertisers or licensors for any purpose not expressly permitted in this User Agreement is prohibited.
If you are issued a username and password by Synapse Sitters, you shall use your best efforts to protect and prevent access to the Platform through your username and password by anyone other than yourself, including, but not limited to, keeping such information strictly confidential, notifying Synapse Sitters immediately if you discover loss or access to such information by another party not under your control and supervision.
Without limitation, you agree to refrain from the following actions while using the Platform:
1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;
2. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
3. Posting, advertising or soliciting in categories where it is inappropriate, or duplicating the same information or service in more than one category or more than one area.
4. Posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
5. Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Platform unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
6. Deleting or revising any material posted by any other user;
7. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
8. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Platform unless expressly permitted by Synapse Sitters;
9. Taking any action creating a disproportionately large usage load on the Platform unless expressly permitted by Synapse Sitters;
10. Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
11. Gaining or attempting to gain unauthorized access to non-public areas of the Platform. In addition, if you have a password to a non-public area of the Platform, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Platform; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Platform, its content or information available from the Platform without the express written consent of agents of Synapse Sitters;
13. Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
14. Using the Platform to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
15. Posting free ads promoting links to commercial services or web sites except in areas of the Platform where such ads are expressly permitted.
16. Posting advertisements, soliciting, or otherwise recruiting SynapseSitters.com users for any commercial purpose outside of SynapseSitters.com.
Please report any violations of these Terms to: admin@SynapseSitters.com.
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Platform.
Use of Materials: Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of the Platform will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the Platform or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant Synapse Sitters (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
Membership: Synapse Sitters is a business networking platform that connects parents to sitters, any representations regarding therapy, treatment, or medical care is specifically disclaimed.
For Parents, you acknowledge that your use of the Platform is for the sole purpose of hiring a babysitter. Membership provides access to a platform that facilitates the hiring of a babysitter. By using this platform, you agree that you not represent, nor act in such a way, that causes others to believe that you are acting as an agent, employee, or representative of Synapse Sitters. Each sitter listed on the Platform is either a licensed professional, or otherwise has specialized training in meeting the needs of special needs children based upon education or employment history. Use of the Platform constitutes your agreement that any such use shall not be considered therapy, treatment, or otherwise constitute medical care, and should not be considered a substitute for individualized diagnosis by a qualified healthcare provider. Furthermore, you acknowledge that any sitter you hire is acting in his or her individual capacity and not as a representative of any employer that he or she may have.
For Sitters, you acknowledge that your use of the Platform shall be at the sole discretion of Synapse Sitters. Prior to being listed on the Platform, a background check shall be conducted by a third-party service selected by Synapse Sitters to verify your employment and education history. Synapse Sitter’s decision to grant, deny, or revoke access to the Platform is final. Membership provides access to a platform that allows you to advertise babysitting services to parents seeking a babysitter. By using this platform, you agree that you shall not represent, nor act in such a way, that leads others to believe that you are acting as an agent, employee, or representative of Synapse Sitters.
Your profile listing may list specialized training or professional licenses you hold, but you agree that any employment that results from your use of the Platform shall be strictly limited to babysitting services, and will not constitute any form of therapy, treatment, or otherwise constitute medical care. While use of the Synapse Sitters platform will be strictly limited to babysitting, you should check with your profession’s applicable ethical guidelines to ensure that you are in compliance. This should include, but is not limited to, potential conflicts of interest that may arise when you are employed by an agency that has a preexisting relationship with a potential Synapse Sitters member. Any potential conflict must be resolved to the satisfaction of Synapse Sitters, the parents, and the child(ren), prior to accepting a babysitting appointment from Synapse Sitters.
If you have questions about whether your major, degree, or employment qualifies you for access to the Synapse Sitters platform, you are to write to SitterRequest@SynapseSitters.com for confirmation prior to requesting a background check.
Background checks are provided by a third-party, currently Safe Hiring Solutions, although this is subject to change without notice. Sitters are responsible for paying any costs associated with obtaining the required background check. If a sitter decides to remove his or her listing, or is otherwise not accepted by Synapse Sitters site, Synapse Sitters will not issue any refund for costs incurred in obtaining a background check. Sitters wishing to obtain such a refund will be directed to Safe Hiring Solutions, or whoever conducted the background check, and sitters will be bound by its refund policies.
Anti-Discrimination: You acknowledge and agree that you will not submit or post any ad which discriminates based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability. If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, to report such ad or posting by clicking on the “Report an Issue” link located on the ad page. You understand that we shall have the right, but not the obligation, to remove, edit or delete any ad.
Harassment and Inappropriate Content: Our mission is to serve as a networking platform and provide an avenue for people to communicate regarding child care, child rearing, and family development while making the SynapseSitters.com online community more open and connected. For that reason, we’ve developed a set of standards regarding content that is permitted on SynapseSitters.com. These policies will help you understand what type of sharing is allowed on SynapseSitters.com and what type of content may be reported to us and removed. Because of the diversity of our community, please keep in mind that something that may be disagreeable or disturbing to one person, may not be disagreeable or disturbing to someone else. That being said, as a rule, Synapse Sitters does not tolerate bullying, harassment, or sexually related postings. The following content is strictly prohibited:
Content that appears to purposefully target private individuals with the intention of degrading or shaming them;
Sharing of personal information to blackmail or harass members;
Posting, discussing, soliciting, or otherwise disseminating sexually provocative or lewd content, sexual material, any sexual content involving minors, threats to share intimate images, and offers of sexual services. Where appropriate, we will refer this content to law enforcement; or
Posting, discussing, or otherwise engaging in criminal activity that causes physical harm to people, businesses or animals, or financial damage to people or businesses.
In the event that a user feels it necessary to report harassing or inappropriate content, they can do so by contacting Synapse Sitters via the website. If a user is reported, the offensive content will be reviewed by Synapse Sitters and if necessary, that user will be contacted and informed that they must remove the offensive or harassing content within Forty-Eight (48) hours. Failure to do so will result in the deletion of the offending user’s profile. No refund of membership fees will be made, pursuant to the terms of Synapse Sitter’s Refund Policy. An appeal of Synapse Sitter’s decision to require the removal of content or the deletion of a user’s account can be made and all reasonable explanations posed by the user will be entertained.
Further, in order to protect the integrity of the SynapseSitters.com website, other users, the platform, subscriptions and membership offered therein, Synapse Sitters reserves the right at any time, at its sole discretion, to block users from certain IP addresses from accessing the Platform.
SynapseSitters.com has the sole and exclusive right to terminate a user’s access for any reason if we believe a user has violated these Terms in any manner. Users agree not to hold the Synapse Sitters liable for such termination, and further agree not to attempt to use the Platform after termination.
Permitted Users: SynapseSitters.com is designed as a business networking platform for parents to communicate with noncommercial child care providers. Licensed Child Care Centers, as defined by Ind. Code §12-7- 2-28.4 and Child Care Ministries, as defined by Ind. Code §12-7- 2-28.8 will not be permitted to advertise on SynapseSitters.com. Any use of the platform shall be limited to hiring babysitters or offering babysitting services. Neither parents, nor sitters, may act in such a manner that leads others to believe that you are acting as an agent, employee, or representative of Synapse Sitters.
Synapse Sitters is not responsible for determining whether a sitter-user should be licensed or assisting a sitter-user in obtaining the proper licensure as required by Indiana Law. Furthermore, Synapse Sitters is not responsible for a sitter-user’s failure to procure licensing as required under Indiana Law, and cannot be held liable for any action, of any sort, committed by a sitter-user.
Synapse Sitters encourages any user who gains knowledge of a sitter-user operating in violation of these terms to report them to Synapse Sitters via the clicking on the “Report an Issue” link located on the ad page. You understand and agree that Synapse Sitters shall have the right, but not the obligation, to remove, edit or delete any ad.
Background Checks: Synapse Sitters provides access to background check services through a third party background searching company, currently Safe Hiring Solutions. Synapse Sitters does not provide this service and cannot be held liable for the accuracy of the information provided or contained in the Background Check. A Background Check is defined as the collecting and compiling of personal records that include, but are not limited to, criminal records, commercial records, and financial records of an individual.
Synapse Sitters website users are solely responsible for interviewing, requesting or performing background checks on, verifying information provided by, and choosing a suitable employer and/or caregiver candidate.
Synapse Sitters verifies with its third party background company, that they comply with all applicable federal and state laws and regulations and with all prevailing industry ethical standards. SynapseSitters.com users who utilize Safe Hiring Solutions are required to agree and adhere to the terms and conditions implemented by Safe Hiring Solutions. Background check services are regulated by the Fair Credit Reporting Act (the “FCRA”), and the Background reports resulting from these services are considered “consumer reports” under the FCRA. These “consumer reports” may contain information on a person’s character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
If a Synapse Sitters user receives a Background Check, the user warrants that he/she will use such information only for the purposes permitted by FCRA, such as for employment purpose, and that the user will comply with any and all applicable limits, requirements, or other obligations under the FCRA as well as all other applicable consumer reporting laws. The responsibilities for using the information contained in a Background Check should be reviewed by any user who utilizes a Background Check. The rules and obligations arising under the FCRA can be found, at the United States Federal Trade Commission’s website: http://www.ftc.gov/os/statutes/fcrajump.shtm. The FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party background searching company that we utilize, currently Safe Hiring Solutions. If a parent-user discovers that the sitter-user’s Background Check information contains negative data, they have the right to take adverse action and choose not to retain the sitter-user’s services; however, the parent-user must agree to take specific procedural steps, which can be found at the U.S. Federal Trade Commission’s website: http://www.ftc.gov/os/statutes/fcrajump.shtm. These procedural requirements include, but are not necessarily limited to, notifying the individual who is the subject of the Background Check of your decision to take adverse action based on information contained in the Background Check and the subject’s right to contest the accuracy or completeness of the Background Check. If the sitter-user contests the accuracy of the Background Check with the consumer reporting agency, the parent-user is required by law to suspend the hiring process while the agency researches the accuracy and completeness of the Background Check.
Synapse Sitters will catalog background checks and maintain them for a minimum of 180 days.
By using the Synapse Sitters Platform, the users acknowledge and agree that Synapse Sitters may review and use any Background Checks ordered or authorized for the legitimate business purpose of protecting the safety and integrity of the Synapse Sitters website and users and reserves the right to terminate a user’s membership based on the information contained in such report, even if such information was subsequently revised or removed.
If Synapse Sitters terminates a user’s membership or otherwise limits the user’s access to the Platform on the basis of information contained in a Background Check, Synapse Sitters will notify the user and will provide the user the name and contact information of the consumer reporting agency that created the report. Synapse Sitters will provide a copy of the Background Check to the user whose membership was terminated upon request.
As a user, each person with a membership to Synapse Sitters hereby represents, understands and expressly agrees that Synapse Sitters does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in any Background Check performed or reported. Any inaccuracies discovered in the Background Check must be addressed with the third party Background Check searching company that performed the Background Check and not Synapse Sitters. Each user further acknowledges that no Background Check can be 100% accurate and that Background Checks should only be used as a tool to assist users as they make a decision as to who to work for and to whom they should entrust their children’s care.
Synapse Sitters further reserves the right, but not an obligation, to use a third party background searching company to perform periodic Background Checks on its users. By utilizing the Synapse Sitters platform, each user acknowledges and agrees that Synapse Sitters may use the personal information provided to Synapse Sitters in order to request these Background Checks from its then current third party background searching company. These Background Checks are regulated by the Fair Credit Reporting Act (the “FCRA”) and Synapse Sitters acknowledges its responsibility and the requirement that it follows the laws associated with the FCRA. If Synapse Sitters terminates a user’s membership or access to the website on the basis of information in a Background Check, Synapse Sitters will notify the user and provide the user the name and contact information of the consumer reporting agency that created the report.
It is further understood that Synapse Sitters has no duty or obligation to perform Background Checks on any user of Synapse Sitters’ platform. Further, Synapse Sitters has no duty or responsibility to publish, release, or otherwise act on information contained in a Background Check that it has knowledge of or receives and is legally bound by the requirements and limitations imposed by the Federal Trade Commission and the Fair Credit Reporting Act.
By utilizing Synapse Sitters’ platform, each user acknowledges and expressly accepts that Background Checks are not always accurate and may omit information or may otherwise be incomplete. Each individual user of Synapse Sitters’ platform agrees to indemnify and hold Synapse Sitters harmless for any loss and the cost associated with any loss, damage, or liability, that may arise based on the contents of a Background Check, the absence of information in a Background Check, or the dissemination of information contained in a Background Check. Synapse Sitters does not assume, and expressly disclaims, and the user hereby agrees to release Synapse Sitters for any loss and the cost associated with any loss, damage, or liability, that may arise based on the contents of a Background Check, the absence of information in a Background Check, or the dissemination of information contained in a Background Check. If a user decides to have a Background Check performed or relies on a Background Check provided to them, and the user decides to utilize the information contained in the Background Check, the user agrees to do so in accordance with applicable State and Federal law.
Copyright and Trademarks: All materials on the Platform, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Platform or owned by other parties who have posted on the Platform. Materials from the Platform and from any other web site owned, operated, controlled, or licensed by Synapse Sitters may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In posting content on the Platform, you grant Synapse Sitters, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
Fraudulent Postings: Synapse Sitters will make every effort to protect its users against fraud; however, Synapse Sitters cannot ensure the authenticity of any posting.
Synapse Sitters is not responsible for the actions of anyone using this Platform. REMEMBER, NEVER SEND MONEY TO AN UNKNOWN THIRD PARTY.
Payment and Refund Policy: In order for a parent-user to utilize the Synapse Sitters platform or product offerings, the parent-user of such platform or product offerings must pay Synapse Sitters a membership fee. In addition, the parent-user is responsible for any state or local sales taxes associated with the platform or product offerings purchased.
Billing and Payment: By signing up for a Synapse Sitters paid membership, the user agrees to pay Synapse Sitters all membership charges associated with their membership as described on the website at the time the user became a member and provide his or her payment information. User also authorize Synapse Sitters, through its third-party billing provider Stripe.com, to charge the user’s chosen payment provider according to the terms of the membership at the time the user became a member. The membership period, the amount, and frequency of the charges will vary depending on when the user becomes a member. The payment schedule for a user will not reflect future membership increases, absent user account termination or lapse and new membership. To the extent a user elects to purchase any services or product offerings Synapse Sitters may offer for a fee, the user authorizes Synapse Sitters to charge the user’s chosen payment provider for the services and/or products the user purchases.
Synapse Sitters reserves the right to correct any errors or mistakes that it makes regarding payment for user memberships or purchases, even if it has already requested or received payment. By signing up for a Synapse Sitters paid membership, the user acknowledges that correction of an error may result in additional charges for membership renewal or other purchase made by user, a crediting of the user’s account, or refund, at Synapse Sitters’ sole discretion.
Membership Renewal and Cancellation: Synapse Sitters user memberships will only be effective for a predetermined period of time as advertised for the specific membership level, or cancelled by the user or by Synapse Sitters. After the user’s initial membership commitment period has run and after any renewal period, the user’s membership will require renewal to retain access to member-only material. Synapse Sitters is a subscription site. Parents will be charged monthly for membership, unless the membership is properly cancelled as outlined in these Terms of Service.
A user may cancel a paid membership by adjusting the user’s personal account settings. If a user elects to cancel a membership, the user’s membership will be terminated, and a refund will not be provided for the remaining, then current, membership term.
Refund Policy: Except as set forth below, all payments for Synapse Sitters memberships are non-refundable and Synapse Sitters will not issue refunds or credits for unused memberships, partially used memberships or membership cancellations. Synapse Sitters does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account, duplicate charges, or other billing error. Notwithstanding the foregoing, any refund will apply to the most recent charge only. In addition, Synapse Sitters reserves the right to immediately cancel a user’s membership after issuance of a refund or upon notice of user’s nonpayment.
Sitters may incur costs related to background checks. Such costs are paid directly to a third party and not to Synapse Sitters. Synapse Sitters will not be responsible for issuing any refund related to background checks and any such refund request shall be directed to the background check provider.
Free Trial Membership: Synapse Sitters may, on occasion, offer free trial memberships to certain “Free Trial” users or coupons that can be applied to new memberships. Users who sign up for access to the Synapse Sitters platform on a free trial basis or who utilize coupons for discounted membership fees may not have full access to the Synapse Sitters platform. After the expiration of the “Free Trial” or discounted membership period, the user will be charged the price in effect for a membership at the time of the discounted membership’s expiration, unless otherwise provided to the user when he or she originally subscribed. Deactivation of an account may result in the automatic termination of a “Free Trial” membership or coupon code. If a user does not want to continue with the membership after the expiration of the free trial period or the expiration of the coupon’s applicability, the Synapse Sitters discounted membership user must cancel his or her membership before the automatic renewal date to avoid being charged the subsequent month’s regular membership fees. A refund will not be provided if the discounted membership user fails to cancel his or her membership prior to the automatic renewal.
Special Events: Synapse Sitters may occasionally orchestrate and/or host special events in or around the greater Indianapolis area. Members who accept an invitation to one of these special events acknowledge that they are responsible for the health, safety, and general welfare of their children and themselves. Children attending Synapse Sitters special events remain the responsibility of their parents. Synapse Sitters shall not be held responsible for any negligence or harm incurred by the chidren, regardless of whether there are child care volunteers available.
Synapse Sitters does not assume and expressly disclaims, and the user hereby agrees to release Synapse Sitters for any injury, loss, and the cost associated with any loss, damage, or liability, which may arise from or during a Synapse Sitters special event. The user further acknowledges that attendees of Synapse Sitters special events may be required to sign an additional waiver of liability upon arriving at the special event location. User’s refusal or failure to sign the waiver does not alter Synapse Sitters’ liability and will require the user’s immediate removal from the Synapse Sitters special event.
Dispute Resolution: Any dispute arising out of or related in any manner to this User Agreement or use of the Platform shall be settled exclusively by private binding arbitration to be held in Indianapolis, Indiana, and to be conducted in accordance with the terms and conditions of this arbitration section as supplemented by the Commercial Arbitration rules of the American Arbitration Association. At least one arbitrator shall be an attorney in good standing in any jurisdiction within the United States. The decision of the arbitration panel shall be in writing, and shall describe in detail the legal reasoning adopted by the panel in support of the decision. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Indiana, and shall not use equitable or other principles which would permit the panel to ignore this User Agreement, including but not limited to all dollar amounts and other limitations, or the law. Judgment on the award rendered by the arbitration panel may be entered in any court having competent jurisdiction. The arbitration panel's decision shall be final and binding on the parties; provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Each party to the arbitration shall be responsible for its own costs and expenses including attorneys' fees, with any costs and expenses not specifically attributable to one party being shared equally. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform must be filed within one (1) year after such claim or cause of action accrues, or be forever barred. There shall be no right or authority for any claim arising under this User Agreement or otherwise arising out of use of the Platform to be arbitrated on a class-action basis or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other Members, or other persons similarly situated. Claims brought by or against one Member may not be joined or consolidated in the arbitration with claims brought by or against any other Member, unless otherwise agreed to in writing by all parties including Synapse Sitters. This arbitration section shall survive termination of the Platform or your participation in it. If any portion of this arbitration section is deemed invalid or unenforceable under any law or statute, it shall not invalidate the remaining portions of this arbitration section, these User Agreement, or any other agreement you may have had with us, each of which shall be enforceable regardless of such invalidity. General: 1. The headings of this User Agreement are for convenience only and will not be used in the construction or interpretation of the User Agreement.
2. This Agreement shall be governed by and in accordance with the laws of the State of Indiana. In the event that a dispute arises as to enforcement, interpretation or implementation of this Agreement, the parties herein consent to personal jurisdiction in the State of Indiana and venue in the Southern District of the United States District Court. In the event there is no federal subject matter jurisdiction, the parties agree that Marion County, Indiana shall be considered proper venue. Each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
3. No provision of this Agreement may be waived, except by a written waiver signed by both parties.
4. In the event that one or more of the provisions or portions of the provisions of this Agreement is declared, invalid, void, illegal or unenforceable, in any respect, the validity, legality and enforceability of the remaining provisions or portions of the provisions contained herein shall remain effective and binding, and shall not be affected or impaired thereby. 5. This Agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.
6. This Agreement, including any documents referenced herein and any additional operating rules as posted on the Platform represents the entire understanding between you and Synapse Sitters regarding your relationship with Synapse Sitters and your use of the Platform. This Agreement supersedes all previous written or oral agreements between you and Synapse Sitters with respect to such subject matter.
No Warranties: All express and implied warranties are expressly excluded and disclaimed. Without limiting the generality of the preceding sentence, Synapse Sitters disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The information and materials contained as part of this Platform are provided on an “as is” and “as available” basis. Synapse Sitters does not warrant the accuracy, adequacy or completeness of this information and materials, and it expressly disclaims liability for errors or omissions in this information and materials.
Limitation of Liability: In no event shall Synapse Sitters be liable for any damages (including without limitation any direct, indirect, special, incidental, or consequential damages,) losses or expenses arising in connection with use of the Platform, or the inability of anyone to use the Platform. Synapse Sitters shall also not be liable for any damages, losses or expenses that arise in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or computer or system failure. Synapse Sitters shall not be liable for such damages, losses or expenses even though it or its representatives are advised of the possibility of such damages, losses or expenses.