NannyCare.com Terms of Use
Terms of Use
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 otherwise known as Worldwide Nanny Inc. (“WWNI”, “Corporation”,“we”, “us” or “our”) and you, the Provider or Caregiver, otherwise known as (“you”, “your”, “member”, “user”, “Provider”, “Parent”, “Family”, “Nanny” or “Caregiver’” ) 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 member areas. “Services” shall mean any of the various services that NannyCare.com offers through the Site or any other channels or portals, including without limitation, over the telephone, Skype, FaceTime, fax or video. The Site and the Content and Services are collectively referred to herein as the “Site”. For the purpose of this agreement, “Site” refers to the pages within the NannyCare.com website and any other websites, website pages, mobile applications and/or mobile friendly websites owned and operated by NannyCare.com.
NannyCare.com works with third party partners and vendors (for example, background checking services, nanny tax services, nanny training programs and CPR/First Aid certification services) where members may be required to agree to certain conditions of using those Services (“Additional Terms”). In those cases, the Additional Terms will be found in those individual company’s materials whether online or printed.
By using the NannyCare.com website in any manner whatsoever, you indicate your acceptance of this agreement. If you do not agree to this agreement, do not access or use this Site in any manner whatsoever. Whether or not you register as a user of the site, you accept these Terms and Conditions and any applicable Additional Terms in their entirety. The Terms and Conditions include the NannyCare.com Privacy Policy, which is incorporated herein. If you are a competitor of NannyCare.com you are not allowed to use our services for obvious unfair competition reasons.
2. OUR SERVICES
NannyCare.com offers Providers a way to find Caregivers by using credits. Providers can buy a membership (1 month is $59, 3 months is $149 and 1 year is $479) and contact Caregivers through our credit system. Each Caregiver is equal to one credit. The 1 month membership includes 25 credits, 3 month membership includes 100 credits and the yearly membership includes 250 credits. Once a credit is used on a Caregiver, the Provider will see the Caregiver’s name and profile link in their account area and can private message the Caregiver directly. In addition to being able to contact Caregivers, Providers can also post a job for free when they sign up for the 3 month or 1 year membership. Providers can also post a job separately outside of purchasing a membership for $99. Caregivers can private message Providers about their job postings. All Caregivers that register and pay the $24.99 membership fee will receive a 90 day membership where they can contact Providers about their job posts and have Providers view their profiles and private message them as well. Caregivers can receive badges if they purchase the following; preliminary background check, department of motor vehicles report and reference verification. They can also get a badge for uploading their CPR/First Aid certification. After the 90 day membership period, they can remain on the site for only $9.99/month. Site may offer free memberships and free job posting from time to time.
3. MEMBER RESPONSIBILITY
NannyCare.com does not screen the Caregivers in any way. It is up to the Provider to thoroughly screen all Caregivers, verify references and run a thorough background check on any Caregiver they hire. It is also the Provider’s responsibility to make sure the Caregiver has current CPR/First Aid that has not expired. If a Caregiver already has a preliminary background check, it is still the Provider’s responsibility to verify the results and validity of this preliminary background check. NannyCare.com takes no responsibility to update any Caregiver’s background check at any time. This is also the Provider’s responsibility. A preliminary background check should never be a substitute for the Provider’s duty to also screen any Caregiver they find on the site. In other words, Parents/ Providers need to still do their due diligence and screen all Caregivers, not just make a job offer without meeting, interviewing, calling references and running their own extensive background checks (as well as social media checks). NannyCare.com solely offers a place where Caregivers and Providers can meet and gain free information, resources and tools to help them in their search for a Caregiver and/or Provider. Please read our safety related articles so that you can make safe, informed hiring decisions. Caregivers are responsible for asking the Providers the appropriate questions on the phone that will allow them to decide if they want to pursue their job and meet with them. All Caregivers should research any Parent/Provider before meeting with them in person. A simple Google search in most cases can confirm where the Provider lives and what their occupation is (LinkedIn). It is recommended that you first meet the Provider at a local coffee shop or park so that there are other people present. NannyCare.com also recommends that Caregivers ask the Provider for a personal reference before meeting with them in person. Please read our safety related articles for Caregivers so that you can safely find the right job position.
4. USER ELIGIBILITY
By using the Site, you represent that you have the right and authority to enter into these Terms and Conditions and you agree to abide by all of the Terms and Conditions represented hereof. If you are a Caregiver, you represent that you are at least 18 years of age, are legal to work in the United States. All Caregivers must also have at least 2 years of childcare experience and thoroughly fill out all pages of the Nanny/Caregiver profile truthfully. You, the Caregiver, further represents that neither you nor any member of your household has ever been the subject of a crime or arrested for any misdemeanor or any other legal action involving but not limited to violence, abuse, child endangerment, neglect, fraud, larceny, drugs or any other Federal crime such as kidnapping or robbery. Furthermore, if you are a Caregiver, you acknowledge that you are not a sex offender and have never been listed on any sex offender registry.
Users agree to only provide accurate, up-to-date, complete information when using the site. Additionally, users will only sign up by using their own legal name, even if they are helping someone else find care or employment. NannyCare.com can at any time in its sole discretion, can delete, review or edit any user content that violates these Terms and Conditions that might be offensive, illegal or violate any laws or threaten the safety of any other members.
5. MEMBER ONLY USE OF SITE
Each user may only user his/her account to find care and/or a job for themselves. You are responsible for all activity on your account. Members are not allowed to transfer your account to any other party and if caught doing so, will be charged no less than the yearly membership fee. You are not allowed to let anyone else use your account to contact Caregivers and/or find jobs.
6.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.
7. INTELLECTUAL SITE 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.
8. INTERACTIVE AREAS
You may be permitted to access and use the user generated content systems such as; profile creation, 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. (8) 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. (9) 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.(10) 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.(11) 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.
9. 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 sending an email to [email protected] and asking to be removed from our email list or clicking ‘unsubscribe’ at the bottom of any email. 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 allows members to communicate through private messaging. Members are solely responsible for giving out their personal information to other members and are in charge of who views their personal information. Additionally, if a Caregiver decides to give out their phone number or address to another member (Provider member) then that is the Caregiver’s choice and vice versa. Ultimately, all decisions regarding showing other members personal information is up to the Caregiver members themselves.
A. Decisions Regarding Sharing Background Check Information
NannyCare.com encourages Caregivers to perform a preliminary background check on themselves.NannyCare.com does not show any Provider the Caregiver’s background check results. The results of the preliminary background check will include personal information such as the caregiver’s full name and past addresses. If the Caregiver decides to show other members (Provider members) their preliminary background check results which includes personal information, that is solely the Caregiver’s choice. This holds true for the Caregiver’s drivers license, social security card and car insurance.The Caregiver must decide when they would like to share this information with the Provider (usually upon a conditional job offer).
10. CHANGING YOUR INFORMATION
If your personal information changes, you may update this information by going to your account area and clicking on the information that you’d like to edit. If you’d like to delete or put your account on hold, simply email us at [email protected] and make a request in writing. We will happily help you with that. If you want to delete your account, make sure you are definite that you will not be needing our services in the future since this action is not reversible.
11. 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 purchasing credit packages, subscription fees, background checks, reference verifications 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.
12. DISCLAIMERS
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.
13. ADVERTISEMENT 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.
14. FORUMS
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.
15. 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.
16.REFUNDS
There are no refunds. When there are no promotions, NannyCare.com charges it’s Caregiver members $24.99 for a 3 month membership. After the 3 month period, the Caregiver can start a new membership and remain on our site for $9.99/month. Provider members will buy one of three unlimited credit membership packages (1 Month $59 ,3 Months $149 and 1 Year $479) and be able to contact Caregivers. Providers can also post a job ad for $99. For the 3 month membership, if the Provider does not use their credits or free job posting within 90 days, it will expire. In the rare circumstance that NannyCare.com does issue a refund or gives a free promo code, it will be at NannyCare.com’s sole discretion.
17. BACKGROUND CHECKS
NannyCare.com does not automatically background check Caregiver members. Caregiver members can purchase a preliminary background check for $24.99 and receive a badge. Additionally, they can purchase a department of motor vehicles check for $25 (plus state fees) and receive a badge. There are no refunds on background checks and NannyCare.com will not accept any Caregivers who have a misdemeanor (including DUI and DWI), felony or any type of crime on their record. Provider’s should always run a more extensive background check before hiring any Caregiver. All Caregivers must sign our Disclosure & Authorization Form in order for us to run a preliminary background check on them. The NannyCare.com preliminary background check conducts the following searches. Social Security Address Trace Report-This is an instant check. It provides insight into the applicant’s residency and movement patterns by returning the full name, age, and date of birth, complete address history and may contain dates and phone numbers at listed addresses. The data is crosschecked through the Social Security Death index which is designed to prevent stealing of a deceased person’s identity. Nationwide Criminal Intel Search & National Sex Offender Search- Usually instant. A powerful multi-jurisdictional search of state and county criminal records. This database is complied from counties, Department of Corrections (DOC), Administration of the Court (AOC), and state sex offender registries from across the country. Also included in each search are national and international terrorism sources such as Office of Foreign Assets Control (OFAC). This search includes the National Sex & Violent Offender Database, P.R.I.O.R.S. And the Foreign Nationals Database (Global Report).
NannyCare.com offer three a la carte background check searches that can be added onto the nanny’s preliminary background check. Keep in mind that if the nanny has used another name or been married during the past 7 years, you will need to run both names for the preliminary background check as well as all County and Federal searches. NannyCare.com offer’s individual County Criminal Searches, Federal Criminal Searches and a Department of Motor Vehicle Reports. You will need to purchase these separately after you have chosen your nanny. We charge $25 (plus state fees) for one County Criminal Records Search. The turn around time for this is 1-10 business days. These are court criminal record pulls of the county(ies) the nanny has lived in. Parents should always run all the counties the nanny has resided in over the past 7 years. We charge $25 (plus state fees) for Federal Criminal Record Searches (one district), the turn around time is usually 12-48 hours. This returns Federal Criminal Filings/Records and helps identify convictions for crimes that may not fall under state or local-laws. Examples of records returned are: Kidnapping, bank robbery and counterfeiting. We charge $25 (plus state fees) to run the nanny’s Motor Vehicle Report (MVR). This is usually instant. This searches information compiled from an individual state’s Department of Moto Vehicles. Reports access 3-7 years of license data or longer (depending on the state) and may include such information as license status, suspensions, revocations, moving violations, DUI’s, point accumulation, chargeable accidents, court appearances and departmental actions.
A. Limitations on Background Checks
There are certain limitations on background checks. It’s important to understand that background checks are not always accurate and may not reveal a person’s complete criminal history. With that said, we can do our best and attempt to find anything that might be there. NannyCare uses a third party to run all background checks. It’s important to understand that there are limitations to criminal record searches per state. This is due to each state having variations in laws as well as variations in state and county criminal record reporting systems. A well known factor is that many states prohibit reporting records that are more than seven years old. In some states, such as California, Kentucky, New Mexico, and New York, vendors can only report criminal convictions (not arrest or other non-conviction information, no matter how old it is). Some states, such as Massachusetts, New Hampshire, and New Jersey and various counties in Illinois and Michigan, the vendor does not search every courthouse. In states where all courthouses are not searched, only certain felonies and some gross misdemeanors (in the case of New Jersey), are revealed. There are also additional limitations in certain jurisdictions on the federal level. Furthermore, if the person being checked provides false information related to their home address, social security number, date of birth and name, the check will be ran with incorrect information and this can highly impact the results and validity of the check. Lastly, there is always human and electronic error that can effect results. If information is put in inaccurately or there is incomplete reporting, the results can be be invalid. To put it simply, even the most thorough, comprehensive background check may not disclose the presence of a criminal record. We believe that every family should conduct an extensive background check on their Nanny or Caregiver. We believe that our preliminary background check is helpful but it is not to be used as the Caregiver’s primary background check. At best, it may uncover any red flags. Furthermore, preliminary background checks are not always accurate and they should not solely be relied on to determine a person’s complete criminal history. A preliminary background check can be a good indicator of a person’s history but should only be used to help narrow down the initial candidate selection. A preliminary background check is not a substitution for interviewing & screening candidates and references should always be verified. Parent’s should always conduct in-person interviews, obtain copies of the applicant’s identification (such as social security card and driver’s license), verify references, conduct social media searches and continue to monitor any person they hire to care for their children.
18. 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, INJURY 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.
19.RELEASE
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. Providers are ultimately responsible for screening Caregiver members they decide to contact and meet. NannyCare.com does not screen any Caregivers whatsoever. It is solely the Provider’s responsibility to screen all Caregivers and verify all background checks. NannyCare.com does try to monitor profile information so that it fits within the NannyCare.com content guidelines. Providers take full responsibility for 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, Family and Caregiver members 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.
20. 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 other members of the site.
21.INDEMNITY
By agreeing to the terms of this Agreement, you agree to indemnify, defend and hold NannyCare.com and its Affiliates harmless from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees, expert fees and other reasonable costs incurred by NannyCare.com and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (1) materials and/or content you submit, post or transmit through the site, or (2) use of the site by you in violation of these Terms of Use or in violation of any applicable law (3) any issues arising between members, particularly between a Provider and a Caregiver involving criminal acts, negligence or harm. Users of this site further agree that they will cooperate as reasonably required in the defense of such claims. NannyCare.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users. Users shall not, in any event, settle any claim or matter without the written consent of NannyCare.com. Users further agree to hold harmless NannyCare.com and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.
22. 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, NANNYCARE.COM ACCEPTS NO LIABILITY IF YOU HAVE NOT PAID FOR THE USE OF ANY SERVICES UNDER THE AMOUNT OF $20.00 US CURRENCY OR ITS EQUIVALENT. NANNYCARE.COM ACCEPTS 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.
23. AGREEMENT TO USE ARBITRATION
All members of NannyCare.com agree that any claims relating to or arising out of using the NannyCare.com site or it’s Services and/or out of this Terms and Conditions, (or the alleged breach thereof), agree to settle any disputes through binding arbitration, rather than in court, except that you may choose to pursue certain claims in smalls claims court, if applicable. Per this Arbitration Agreement, you agree to use a neutral arbitrator rather than a judge or jury. In the event of any dispute arising out of or related to this agreement, the judicial action shall take place in the County of San Diego. If the claim is outside the jurisdiction of small claims, venue shall be in the North County Division of Superior Court of San Diego. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
24. YOUR PRIVACY
Your use of the Site is also subject to the terms and conditions of our Privacy Policy, which are incorporated into this Agreement by reference only. Please read it carefully to ensure that you understand and agree to how we collect, use, and protect information collected about you and your use of the Site.
25. GIFT CERTIFICATES FOR MEMBERSHIPS
NannyCare.com offers gift certificates for other individuals and will need the name and email of the person receiving the gift certificate at the time of purchase. NannyCare.com will send the person receiving a gift certificate an email with special instructions on how to redeem it on NannyCare.com for the amount purchased. Make sure you tell the person receiving the gift certificate to check their email and junk mail folder since they may not recognize an email from us. All gift certificates holders must agree to NannyCare.com Terms and Privacy Policy. There are no refunds or credits after purchasing a gift certificate. NannyCare.com is not responsible for lost or stolen gift certificates and has the right to close any account that was obtained through the use of a fraudulent gift certificate. Gift certificates cannot be resold, transferred or redeemed for cash except to the extent required by law. Gift certificates will expire 1 year after purchase. If for some reason a gift certificate is non-redeemable, it will be at NannyCare.com’s sole discretion to replace the gift certificate.
26. ENTIRE AGREEMENT
This Agreement, including our Privacy Policy, contains the entire agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of our employees.
27. TERMINATION
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 if we determine that you have violated any of our Terms and Conditions or misused our services in any way. Our decision to terminate a member’s registration is solely based on the user violating our Terms and Conditions and is not based on the member’s character, lifestyle, reputation or anything else. Following any termination of any member’s use of the Site, NannyCare.com reserves the right to send out notices to any registered members with whom we believe the individual has been in correspondence with. 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.
28. 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.
29. PROCEDURE FOR MAKING A CLAIM 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 in writing at a[email protected] to report possible copyright infringement. Please put “Copyright” in the subject line. 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:admin@nannycare.com
By mail: c/o NannyCare.com
Legal Agent NannyCare.com
P.O. Box 231968
Encinitas, CA 92023, USA
(888) 638-0860
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.
30. 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 21st, 2018 • Copyright ©2011-2018. NannyCare.com. – All rights reserved.
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