No Waiver of Breach and Entire Agreement. TIME IS OF THE ESSENCE IN THIS AGREEMENT. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the term and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. This agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Modifications of this agreement shall be binding only if evidenced in writing signed by Applicant and Company.
To fairly resolve any dispute between Applicant (and Cardholder, if different) and Sitters In A Second, Inc. ("SIAS") regarding your membership, account, fees, charges, any transaction with you and SIAS, or any SIAS policies, you and SIAS agree that any claims of these types by either you or SIAS shall be settled exclusively by binding arbitration governed by the Florida Arbitration Act and administered under the American Arbitration Association rules for resolution of consumer-related disputes, or under other mutually agreed procedures. The venue for such action shall be in Palm Beach County, Florida.
Applicant acknowledges that he/she has received and read a copy of the current SIAS Rules and Procedures. SIAS reserves the right, at any time and without notice, to amend the Rules and Procedures for Membership. APPLICANT (AND CARDHOLDER, IF DIFFERENT) ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY AND GUARANTEES PAYMENT FOR ALL SERVICES REQUESTED, EITHER VERBALLY OR IN WRITING, WHETHER OR NOT SUCH SERVICES ARE AUTHORIZED BY APPLICANT (OR CARDHOLDER, IF DIFFERENT). Applicant (and Cardholder, if different) agrees that SIAS may pursue all avenues of collection, including use of collection agencies, and authorizes SIAS to prepare and submit credit card charges using any of the charge cards listed above to recover all charges and all other unpaid amounts due to (a) Applicant's failure to timely pay for services through the membership. (b) damages for returned check charges in the amount of $30.00 per check, membership dues, cancellation fees, and (c) any other unpaid charges and reasonable legal costs/expenses resulting from a breach of this membership agreement. * PLEASE SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE OF MEMBERSHIPS AND RATES.