1. BINDING AGREEMENT
PLEASE READ THE ENTIRE NANNYCARE. COM WEB SITE USE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS SITE. This Agreement is a binding legal contract between NannyCare.com Corporation (“we”, “us” or “our”) and you (“you” or “your”) that governs your use of one or more of NannyCare.com’s professional portals, including, without limitation, all content such as text, information, images, applications and audio (collectively, “Content”) and all services (“Services”) made available to you through the NannyCare.com members portals by us and/or third parties (this Site and the Content and Services are collectively referred to herein as the “Site”). “Site” refers to the pages within the NannyCare.com website. By using the NannyCare.com website in any manner whatsoever, you indicate your conclusive acceptance of this Agreement. If you do not agree to this Agreement, do not access or use this Site in any manner whatsoever.
2. Your Use of Content
The Content within the Site includes copyrighted works proprietary to us or to third parties who have provided us with Content (“Content Providers”). You may download and print a single copy of the Content solely for your internal non-commercial use, provided that such Content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such Content. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU AND YOUR SUBSCRIBER OR EMPLOYER TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES. RSS feeds of content headlines, limited text and a source link (“RSS Content”) are available for downloading and displaying in their original form. You must use the RSS feeds as provided by NannyCare.com, and you may not edit or modify the text, content or links supplied by NannyCare.com which link to reader to access the original full length article on NannyCare.com (“Source Content”). The RSS Content may only be used with platforms that display a functional link that when accessed, takes the viewer directly to the Source Content on NannyCare.com. You may not use RSS Content in a way that does not directly link to the Source Content on NannyCare.com, including the use of redirect links, intermediate pages, splash pages, or other means that is not directly linking to the original Source Content on NannyCare.com
3. Intellectual Property Ownership
You agree that we (or our Content Providers) own all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
4. Interactive Areas
You may be permitted to access and use the user generated content systems such as; discussion forums, blogging systems, provider ratings and reviews, and other forms of electronic communications available through the Site (“Interactive Areas”). If you participate in or use any Interactive Area, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws.
You also expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.
When posting a review or rating about a product, service or provider listed on the Site, your comments must be specific, written from your personal experience and intended to help other users of the site make more informed decisions. Any generalized attempt to damage the reputation of any product, service or provider listed on the Site may be removed at our sole discretion and you may be held personally liable by the individual or entity your comments affect.
We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas by all means and in any media now known or hereafter developed for any use or purpose.
5. Your Decisions
When you become a NannyCare.com Member, you agree to receive emails from us, including but not limited to affiliate programs, special deals, newsletters and surveys. You can always opt-out of receiving these e-mails by going to your member area and clicking on “Privacy” in the drop down menu under “Profile” and then changing the status on “Emails and Notifications”. There are certain administrative emails that you cannot opt out of including but not limited to notices required by law, regulations and servicing issues.
NannyCare.com only allows members to communicate through NannyCare.com’s e-mail system. Members are solely responsible for giving out their personal information to other members. If you decide to give out your phone number or address to another member then that is your choice.
NannyCare.com recommends that all members run a background check on themselves. If you decide to use this service through a third party, the results will be made available to you by the third party. You will need to decide when and who you would like to give the results of your background check to. This way, you are in charge of who views your personal information. The results of your background check will include your personal information such as your full name and past addresses. If you decide to show other members your background check which includes this personal information then that is your choice. Although NannyCare.com encourages background checks for safety, it is only voluntary for members to do so.
NannyCare.com recommends that all caregivers have current CPR and First Aid certification. If you decide to take a CPR and/or First Aid class (or any other class) through a third party, the results will be made available to you by the third party. You will need to decide who you would like to show your certification to. If you decide to show other members your CPR and/or First Aid card then that is your choice. Although NannyCare.com encourages CPR and First Aid for safety, it is only voluntary for members to do so.
6. Changing Your Information
If your personal information changes, you may update this information by going to your member area and clicking on the “Profile” tab and then clicking on edit profile. If you’d like to delete your profile then you can do so by contacting NannyCare.com and asking us in writing to delete your profile and close your account. Make sure you are definite that you will not be needing our services in the future since this action is not reversible. We do offer members the ability to downgrade to a free membership where you can re-access your account at a later date if your situation changes.
7. Your Private Information
The information we collect may include: first name, last name, city, state, address, ZIP code, birth date, gender, phone, email address, work history, education institutions and other personal information. All of the information we collect is solely used to be able to offer you our company services. Nannycare.com will also need credit card information and billing address for things such as subscription fees and possibly other promotions offered by NannyCare.com. If you are a company, corporation, agency, hotel or hospitality service, we may collect information including the tax id, business location, organizations affiliated with, year of establishment, the number of employees and other company related information.
The Content is for informational and educational purposes only and is not a substitute for professional advice. We do not give professional advice. Your reliance upon content obtained by you on or through the site is solely at your own risk and is not intended to replace or substitute for any professional financial, medical, legal, caregiver related or other advice. NannyCare.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person by the information offered or provided within or through the site. If you have specific concerns or an issue arises in which you require professional or medical advice, you should consult with a professional and/or qualified specialist.
9.Advertisements and Links
The Site contains advertisements and other types of links to third party web sites (e.g., co-branding, links, links to services, reference links in Content). These third party web sites are not under our control and we are not responsible for any linked third party web sites or for the content, products and/or services they provide. YOUR USE OF LINKED THIRD PARTY WEB SITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEB SITE MAY BE ACCURATE, NECESSARY OR APPROPRIATE FOR YOU OR FOR YOUR USE IN RENDERING CARE TO PATIENTS. We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
If you decide to use the blog on NannyCare.com, you should be aware that any personally information you submit could be used to send you spam or unsolicited messages. We are not responsible for any information you choose to voluntarily submit in this forum.
11. General Disclaimers
THE SITE IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF NANNYCARE.COM AND ITS SUPPLIERS. ACCORDINGLY, NANNYCARE.COM ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
There are no refunds. NannyCare.com gives members a 5 day free trial to decide if they’d like to continue using our services. If within the 5 days member cancels their paid membership via their Paypal account, member will not be charged. If member does not cancel their paid membership via their Paypal account within the 5 day period, then member will continue to be charged until next billing cycle. In the rare circumstance that NannyCare.com does issue a refund it will be at NannyCare.com’s sole discretion.
13. Exclusion of Damages
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM NEGLIGENCE OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
NannyCare.com has no involvement between the Provider (parent, family, client, individual, company, corporation, hotel or hospitality service) and the Caregiver. Any issues concerning the services received by the Provider or payment issues between the Provider and Caregiver must be resolved directly between themselves. NannyCare.com will not be held responsible for any issues that arise between the Provider and Caregiver. NannyCare.com expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. When you agree to use this site, you hereby represent, understand, and agree to hold NannyCare.com harmless for any/all claims or controversies that may arise from any disputes between you and any other user(s) of the site. NannyCare.com will use its reasonable efforts to monitor NannyCare.com members actions, comments, and general usage of the site and suspend privileges to any member who does not adhere to our company policies. You agree to take reasonable precautions in all interactions with other members of the site, especially if you decide to meet another member in person. NannyCare.com does not screen caregivers or Providers in any way besides monitoring profile information so that it fits within the NannyCare.com content guidelines. Provider and Caregiver take full responsibility the screening and verifying of any/all documents and information given to them by any NannyCare.com member, including but not limited to personal information, references, background checks and certifications. In addition, you agree to review the NannyCare.com Safety Tips prior to using the service. By using this site, you do hereby agree to report any alleged criminal or improper behavior of any users therein to NannyCare.com immediately by notifying us.
14. ASSUMPTION OF RISK
You assume all risk when using the services offered by NannyCare.com, including but not limited to all of the risks associated with any online or offline interactions with members of the site. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in NannyCare.com’s Safety Tips, while interacting with others Members of the site.
16. LIMITATION OF LIABILITY
Incidental Damages and Aggregate Liability. In no event will NannyCare.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the site. This includes without limitation, damages related to any information received from the site, removal of content from the site, including but not limited to profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. This holds true even if NannyCare.com or it’s representatives, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL NANNYCARE.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. FURTHERMORE, IF YOU HAVE NOT PAID NANNYCARE.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $20.00 US CURRENCY OR ITS EQUIVALENT.
No Liability for non-NannyCare.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NANNYCARE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, NEGLIGENCE AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR INFLICT HARM ON YOU.
17. Your Privacy
18. GIFT CERTIFICATES FOR MEMBERSHIPS
19. Entire Agreement
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and your right to access and use the Site, or any part thereof, at any time, with or without cause. Unconditionally, we reserve the right to refuse service to anyone. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Site. The following sections of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever: Intellectual Property Ownership, Medical Disclaimers, General Disclaimers, Exclusion of Damages, Indemnity, Entire Agreement, Termination, and Other. We reserve the right to discontinue or make changes to the Site at any time.
21. Assignment and Enforcement
We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
22. Procedure for Making Claims of Copyright Infringement
NannyCare.com respects the intellectual property of others. We cannot possibly monitor all the user generated content on the website and have no responsibility to do so. If you believe that another user has posted your copyrighted work in a way that is accessible on NannyCare.com and constitutes copyright infringement, please contact us to report possible copyright infringement by writing firstname.lastname@example.org. When contacting us, please provide the following information to our legal agent:
A full description of the copyrighted work that you claim has been infringed; The URL where the material that you claim is infringing is located on the site; Your name, address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf. NannyCare.com’s legal agent can be reached as follows:
By e-mail: email@example.com
By mail: c/o NannyCare.com
Legal Agent NannyCare.com
P.O. Box 231968
Encinitas, CA 92023, USA
In the event you are able demonstrate ownership of copyrighted content which you did not authorize another user to publish, and you wish for the content to be removed, NannyCare.com will remove the copyrighted content from the site or if authorized may modify the content to indicate its proper owner including a link to the original owner’s website.
23. Right to Revise Agreement at any Time
We may revise this Agreement or this Site at any time in our sole discretion without notice. An amended form of Agreement will be effectively immediately upon its posting on this Site. You are responsible for reviewing the most current form of this Agreement before using this Site to ensure that you agree to any revisions to this Agreement. If at any time you do not agree to the revisions we make to this Agreement or this Site, you should immediately stop accessing or using this Site in any manner whatsoever. Your continued use of this Site means that you accept those revisions. You agree that these standards for notice and acceptance of amendments to this Agreement and this Site are reasonable.
Last revised: September 26th, 2011 • Copyright ©2011. NannyCare.com. – All rights reserved.