This agreement contains all of the terms and conditions between Approach Marketing, LLC, an Arizona limited liability company doing business as Sitters and Company ("Sitters and Company") Approach Marketing, LLC ("Sitters and Company") and you ("User" or "you") and governs the use of the services offered at the Sitters and Company web site (the "Site"). Please read this Agreement carefully before using the Site. Use of the Site constitutes your acceptance of, and agreement to the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, do not use the Site. Sitters and Company may, in its sole discretion, amend or modify any or all of the terms and conditions contained in this Agreement from time to time by including such amendments or modifications on the Site, without specific notice to you; it is your responsibility to review the terms and conditions contained in this Agreement from time to time for such amendments and modifications. Your continued use of the Site constitutes your acceptance of, and agreement to, such amendments and modifications, whether or not you have reviewed them.

User understands, acknowledges and agrees that:

1. No Recommendation, Endorsement or Referral
Sitters and Company is a communications platform for enabling the connection between parents seeking babysitters ("Parents") and babysitters seeking to provide childcare services ("Babysitters"). Sitters and Parents listed on the Site are listings only and are not recommendations, endorsements or referrals of or by Sitters and Company.

2. No Control
Sitters and Parents are not employees, agents or representatives of Sitters and Company and Sitters and Company does not have control over the accuracy of the information provided by any Sitter or Parent or the quality, timing, legality or any other aspect whatsoever of the services delivered or requested, nor of the integrity, suitability, responsibility or any of the actions whatsoever of the Parent or the Sitter. Any dispute between a Parent and a Sitter must be resolved by those Persons. Sitters and Company is not a party to such dispute and will not be involved in resolving such dispute.

3. Rules and Regulations
User will comply with the rules and regulations adopted by Sitters and Company from time to time (the "Rules and Regulations"), which may be amended or modified from time to time by Sitters and Company in its sole and absolute discretion, without specific notice to you. User understands, acknowledges and agrees that it is his/her responsibility to review the Rules and Regulations from time to time for such amendments and modifications. User's continued use of the Site constitutes User's acceptance of, and agreement to, such amendments and modifications, whether or not User has reviewed them from time to time.

4. Termination
If Sitters and Company believes, in its sole and absolute discretion, that (a) User does not strictly comply with the terms and conditions of this Agreement, (b) User does not strictly comply with the Rules and Regulations, (c) User provided false or misleading information to Sitters and Company or any other User or (d) User may cause harm or injury to, or jeopardize the health, safety or welfare of, any Person, Sitters and Company may, in its sole and absolute discretion, terminate User's right to access and/or utilize the Site and this Agreement.

5. Release and Indemnification
User, individually and on behalf of his/her Related Parties (and all Persons claiming through User or his/her Related Parties) hereby releases and discharges Sitters and Company (and its members, managers, officers, employees, representatives and agents) for, from and against any and all claims and causes of actions (known and unknown) arising out of or relating to any and all of the following and agrees to indemnify, defend and hold harmless Sitters and Company (and its members, managers, officers, employees, representatives and agents) for, from and against any and all damages, judgments, amounts paid in settlement, costs, expenses and attorneys' fees suffered or incurred by Sitters and Company (or any of its members, managers, officers, employees, representatives and agents) arising out of or relating to claims and causes of actions (known and unknown) arising out of or relating to any and all of the following:

(a) Any conduct, act or omission of a Parent or a Sitter, or the integrity, suitability, responsibility or other aspects of the services delivered or requested;
(b) Any service or employment contracted for through the Site, or the quality, timing, legality or any other aspect of the services delivered or requested;
(c) Any dispute between a Parent and a Sitter; and
(d) The inaccuracy of the information provided by any Sitter or Parent or by Sitters and Company.

In addition, User agrees to indemnify, defend and hold harmless Sitters and Company (and its members, managers, officers, employees, representatives and agents) for, from and against any and all damages, judgments, amounts paid in settlement, costs, expenses and attorneys' fees suffered or incurred by Sitters and Company (or any of its members, managers, officers, employees, representatives and agents) arising out of or relating to claims and causes of actions (known and unknown) arising out of or relating to any and all of the following:

(a) User's conduct, acts and omissions;
(b) User's service or employment contracted for through the Site;
(c) The inaccuracy of the information provided by User; and
(d) User's use or misuse of the Site.

In connection with such right to be indemnified, Sitters and Company may, at User's expense, engage legal counsel of its choosing to exclusively assume and control the defense and pursuit of any litigation, proceeding or other matter otherwise subject to indemnification by you, and each User will cooperate with Sitters and Company in connection with any such litigation, proceeding or other matter.

6. Definitions
For purposes of this Agreement, the following terms will have the following meanings:

(a) "Related Parties" means User's spouse, parents, children and other relatives, friends and acquaintances.
(b) "Person" means an individual, a corporation, a limited liability company, a trust or another entity.

7. Limitation of Liability
Notwithstanding anything contained in this Agreement to the contrary:

(a) Neither Sitters and Company nor its members, managers, officers, employees, representatives or agents will be liable to User of any of his/her Related Persons for any indirect, special, incidental, consequential or punitive damages, and User, individually and on behalf of his/her Related Parties (and all Persons claiming through User or his/her Related Parties) hereby waives such damages, and the right to recover same.
(b) The maximum aggregate liability of Sitters and Company (or any of its members, managers, officers, employees, representatives and agents) to any User and his/her Related Parties for any claim arising out of contract, negligence, intentional tort, statute or otherwise will be the greater of $1,000 and the fees paid by User to Sitters and Company during the 30-day period before the date of commencement of any action or proceeding.

8. Governing Law
This Agreement will be governed by, and construed and enforced in accordance with, the law of the State of Arizona and the United States of America, notwithstanding any choice of law principles to the contrary. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement and/or your use of the Site will be in a state or federal courts located in Phoenix, Arizona, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

9. Severability and Integration
This Agreement (including the Rules and Regulations, which are incorporated herein by this reference) constitutes the entire understanding and agreement between User and his/her Related Parties and Sitters and Company with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written) between the parties with respect to the subject matter hereof. If any term or condition of this Agreement is held invalid or unenforceable, that term or condition will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

10. Attorneys' Fees
If Sitters and Company engages legal counsel in connection with this Agreement, enforcing this Agreement or defending itself against User or his/her Related Persons or in connection with any action with respect to which Sitters and Company is entitled to be indemnified pursuant to this Agreement, User will be required to pay, or reimburse Sitters and Company for (at the election of Sitters and Company, all legal fees) costs and expenses in connection therewith.