Terms of Service

The Farm Sitter, LLC Terms of Service

Last Updated: January 31, 2024

This Terms of Service Agreement is legally binding between you (“you” or “user”) and The Farm Sitter, LLC, a limited liability company formed under the laws of the State of Illinois (“Farm Sitter,” “we,” “us,” and “our”). 

PLEASE READ THE FOLLOWING TERMS AND SERVICES AGREEMENT (“AGREEMENT” OR “TERMS”) CAREFULLY. BY ACCESSING AND USING THE FARM SITTER SITE (“SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER OR PROSPECTIVE USER, TO READ THE TERMS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. 

1. The Farm Sitter Service

Services. The Farm Sitter services consist of a web platform, mobile application, and other related tools, support, and services that livestock and/or farm owners (“Livestock Owners”) and providers of services related to the care of such livestock (“Service Providers”) may use to communicate and interact with each other. 

Disclaimer. The Farm Sitter does not provide livestock and/or livestock care services. The Farm Sitter facilitates the matching of Livestock Owners with Service Providers only. The Farm Sitter is not a party to the transactions between Livestock Owners and Service Providers. You acknowledge The Farm Sitter’s role is limited to that of a technology platform for the use by Service Providers and Livestock Owners. We make no representations or warranties about the quality of daily drop-in care, overnight farm sitting, or any add-on services provided by Service Providers (“Livestock Care Services”), or about your interactions and dealings with other users. Service Providers listed on The Farm Sitter are not under the direction or control of The Farm Sitter, are not employees or contractors of Farm Sitter and determine at their own discretion how to provide Livestock Care Services. Livestock Care Services are performed by Service Providers as independent contractors to Livestock Owners. The Farm Sitter does not employ, recommend or endorse Service Providers or Livestock Owners and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Livestock Owners, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate Background Checks or Identification Verifications (each as described in Section 7, below) on Service Providers conducted by a third party, but, except where explicitly specified in The Farm Sitter Service (and then only to the extent specified), do not otherwise screen Service Providers or Livestock Owners. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Livestock Care Services, or otherwise interacting with users via The Farm Sitter. 

Release. You hereby release The Farm Sitter and its officers, directors, employees, agents, assigns, and successors from any and all liability for any claims, injuries, loss, harm, and/or damages that are in any way related to Service Provider’s actions or omissions, or Livestock Owner’s actions or omissions. You acknowledge and agree that, to the maximum extent permitted by law, your use and/or provisions of livestock care services is at your sole and exclusive risk. 

Booking. Livestock Owners and Service Providers connect with each other on The Farm Sitter site when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Livestock Care Services. A booking may be initiated by either a Livestock Owner or a Service Provider. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a booking, you agree to honor the price and other terms of that booking, as set forth in the booking confirmation. 

Abandonment. If Livestock Owners fail to return or otherwise retrieve their livestock after the service period has ended, Service Providers may use their discretion to place the animals in a rescue shelter, transfer the animals to animal control or other law enforcement, or arrange for alternate care. Livestock Owners are to reimburse Service Providers for any costs and expenses incurred in connection with such efforts. If you are a Livestock Owner, you authorize your Livestock(s)’s veterinarian to release relevant veterinary records to The Farm Sitter in connection with any such relocation. 

Emergencies. It is recommended that Livestock Owners give Service Providers emergency contact information where they can be reached in the event of a medical emergency. Service Providers agree to immediately contact Service Providers in the event such care becomes necessary. 

Authorization to Enter. These Terms of Service grant Service Providers authorization to enter onto the premises of Livestock Owner’s for purpose of completing the required Livestock Care Services the Service Provider has been hired to do. Livestock Owner expressly gives Service Provider authority to employ a locksmith on their behalf and to promptly reimburse Service Provider for all costs incurred in the event of a malfunction of the lack, keys, or automatic door opener. Service Provider agrees to properly secure the areas upon which they have been granted access for purposes of completing the Livestock Care Services hired to complete to the best of their ability at the end of each visit. 

Responsibilities. Service Providers shall exercise all reasonable precaution against sickness, injury, escape, loss, accidents or death of Livestock Owners’ livestock; however, Service Providers shall not be responsible for any such events unless they occur through the negligence or willful conduct of the Service Provider. Livestock Owner is responsible for any costs, expenses, or damages that arise from any such sickness, injury, escape, loss, accidents, or death of Livestock if such an event occurs under the care of the Service Provider and at no fault of the Service Provider’s. Livestock Owner is responsible for providing all necessary equipment and supplies for the care of their livestock and/or farm. Service Provider is not required to have any such equipment and supplies. If Service Provider is required to purchase any necessary equipment or supplies, Livestock Owner will reimburse Service Provider within 14 days.

Google Maps. Use of The Farm Sitter Service requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using The Farm Sitter Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from The Farm Sitter Service.

2. Certification of Compliance with Applicable Law 

By accessing and using our site, you certify that you are: (1) at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to the activities you conduct related to The Farm Sitter Service. 

· For Livestock Owners, this means, among other things, that you will ensure your livestock and other animals are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; and that you have obtained and will maintain the proper insurance policies concerning the livestock and other animals the Service Providers will be caring for (and that such policies will benefit the third parties, including Service Providers, to the same extent they would benefit you).

· For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Livestock Care Services in the jurisdiction where you intend to provide Livestock Care Services; that you will comply with all applicable laws and regulations; that you have obtained all business licenses and permits necessary to provide Livestock Care Services; and, that you have obtained appropriate insurance as is required by your independent contractor agreement with Farm Sitter. Further you agree that you are an independent contractor and that you are independently responsible for reporting and paying any and all income received as a Service Provider.

3. User Accounts and Passwords

To access and use certain features of the website, you will need to create a profile on the website. As part of the process to create, register, and maintain your account you must provide The Farm Sitter with certain current, complete, and accurate registration information, including your name, e-mail address, age, address, postal code/ZIP code, and phone number, and other data or information that has been requested by The Farm Sitter during the client account registration or renewal process. If you are a Service Provider, enrolling in The Farm Sitter’s payroll services, additional information, including your bank account number and social insurance number will be collected. 

This personal information, meaning any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the website, will be used in accordance with these Terms of Service and The Farm Sitter’s Privacy Policy. 

You agree to update your account information as needed to keep it current, complete, and accurate. You also agree to maintain the confidentiality of your password and other account identifiers that are assigned to you following the creation of an account on this website. Further, you agree to be responsible for all activities that occur under such password and account. If there is unauthorized use of your password or account, you agree to immediately notify The Farm Sitter. Failure to comply with this paragraph may result in the immediate termination of your account, in accordance with paragraph 10. 

4. User Account Fees, Term and Renewal

The Farm Sitter charges a fee for its services. The first fee payment is made when the Livestock Owner or Service Provider signs up for The Farm Sitter’s Services. You agree and acknowledge the fee shall be automatically renewed monthly as described below, unless the service is terminated by either party in accordance with Section 10.

Your subscription will automatically renew and you will automatically be charged a monthly subscription fee, unless you cancel your subscription in accordance with Section 10. Your subscription will renew on the 15th of every month.  You acknowledge and agree that The Farm Sitter will charge the payment method you use to register your account monthly to pay your subscription fee. 

You agree and acknowledge that all fee payments are final and are non-refundable. 

5. Your Content 

As a Livestock Owner or Service Provider using the services offered by this site, you agree that the content of the information on your account is accurate, current, and complete. You also represent and warrant the following:

· You will use the services provided by The Farm Sitter solely for yourself. You may not assign or transfer your account to any other person. 

· You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the site, or transmit to others, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote, or assist any unlawful act. 

· You use of The Farm Sitter site and all services provided therein are in accordance with any and all applicable laws and regulations.  

6. Use License and Restrictions of Use 

The Farm Sitter hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to access the site for the purpose of receiving the services in accordance with these Terms of Service. The Farm Sitter may terminate this license at any time for any reason whatsoever. 

In addition to complying with these Terms of Service, you agree to use the site and services for lawful purposes only and in a manner consistent with all applicable local and national laws and regulations, including all privacy and personal information laws. 

The Farm Sitter encourages all users to report any misconduct, misuse, or unlawful activities of other users, including, but not limited to, activities on the site and in connection with services provided. Please contact The Farm Sitter at info@FarmSit.com with any such reports or concerns. 

7. Background Checks and Identity Verification

The Farm Sitter may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.

If you undergo a Background Check or Identity Verification via The Farm Sitter service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that The Farm Sitter may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. The Farm Sitter reserves the right to suspend or terminate your access to The Farm Sitter service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.

Livestock Owners remain fully responsible for evaluating their Service Providers. There are limitations to background checks and identity verifications, and The Farm Sitter makes no representations or warranties about the Service Providers beyond the results of the Background Check and Identity Verification. 

8. Privacy 

Our collection and use of your personal information with respect to The Farm Sitter sites and services is described in our Privacy Policy. Our Privacy Policy is expressly incorporated into and made a part of this Agreement. 

9. Intellectual Property

The Farm Sitter and its licensors (if applicable) retain sole and exclusive right, title, and interest in The Farm Sitter services, copyrights, trademarks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered. 

10. Termination of Account

The Farm Sitter reserves the right, in its sole discretion, to terminate your account or access to part or all of The Farm Sitter’s website, application, or services in the event that The Farm Sitter determines you are not eligible to use the services, have violated these Terms of Service, or have misused the website, app, or services in anyway.

If you decide to terminate your account, thereby cancelling your subscription, you may do so by visiting your account, and selecting “cancel subscription” in your account management settings. Alternatively, you may call The Farm Sitter’s toll-free number at XXX-XXX-XXXX to cancel your account and your subscription. 

11. Limitation of Liability

YOU ACKNOWLEDGE THAT ANY USE OR RELIANCE ON THIS WEBSITE OR THE SERVICES PROVIDED IS COMPLETELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL THE FARM SITTER BE LIABLE TO YOU OR ANY OTHER PARTY, FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR INABILITY TO USE) THIS WEBSITE, APP, OR SERVICES PROVIDED THEREIN, OR THIRD PARTY CONTENT (REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICK LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).

The Farm Sitter is not a party to any transaction between Livestock Owners and Service Providers. The Farm Sitter only acts as a facilitator to connect the two parties based on their needs, preferences, and location. 

IN NO EVENT SHALL ANY OF THE FARM SITTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF THE SITE OR THE PROVISION OF SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM OR THE USE OF, OR RELIANCE ON, ANY OF THE FARM SITTER CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE PLATFORM, OR SERVICES, OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERUPPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE FARM SITTER PARTIES HAVE BEEN INFORMED IN ADVANCE OR OUGHT TO REASONABLY HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. 

12. Indemnification

You agree to indemnify and hold The Farm Sitter, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the user’s use of or conduct respecting the services and website. 

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law principles. Any legal disputes arising out of or related to the Agreement shall be exclusively subject to the jurisdiction of the courts located in the State of Illinois. The parties consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

14. Modification of Terms of Service 

The Farm Sitter may revise these Terms of Service at any time without notice. By using this website, you are agreeing to be bound by the current version of the Terms of Service and Privacy Policy. 

The content and material appearing on the website could include technical, typographical or photographical errors. The Farm Sitter does not warrant that any of the materials provided are accurate or correct. 

15. Links to External Websites

The links on the Website to other websites and resources are provided for your convenience. The Farm Sitter is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of service or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third-party websites or resources is conducted at your own risk. 

16. Contact Us

If you have questions about the Terms of Service, or need to provide notice to, or communicate with, The Farm Sitter, please contact The Farm Sitter by emailing info@FarmSit.com. 

© The Farm Sitter, LLC 2023. All rights reserved.