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This Agreement contains all of the terms and conditions between Nannies Galore/Nanniesgalore.com (“Nannies Galore”) and Families, Care Seekers/Nannies, Care Providers and/or any other user (“You)") and governs the use of the service offered at the Nannies Galore website, nanniesgalore.com (“Site"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”), whether or not you register as a member of Nannies Galore ("Member"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. If you object to anything in this Agreement or the Nannies Galore Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by Nannies Galore at any time, without giving you prior notice, effective upon posting on the Nannies Galore Site, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service.
1. PRIVACY. Your privacy is very important to us. Nannies Galore has designed a Privacy Policy to make important disclosures about how you can use our Site and how we collect and can use your content and information. For more information, see our full Privacy Policy.
2. EXPLANATION OF SITE. Nannies Galore.com is a venue. The Site consists of a database used for the purpose of enabling the connection between individuals seeking nanny or babysitter services (“Families” or "Care Seekers") and/or individuals or companies providing nanny or babysitting services (“Nannies”, “Babysitters” or "Care Providers"). Nannies Galore does not take part in the interaction between Care Seekers and Care Providers except to collect payments on the behalf of Care Seekers and Care Providers for venue services through the Site. Users do hereby represent, understand and expressly agree that Nannies Galore does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by Care Providers or Care Seekers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Providers or Care Seekers. Nannies Galore makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Care Providers or Care Seekers through the Site whether in public, private, online or offline interactions. Nannies Galore does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on this Site.
3. ELIGIBILITY. By using the Site, you state and agree that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and/or may legally work within its jurisdiction. This Site is not available to anyone who has, or who resides with or at the address of someone who has been convicted of a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Care Provider or Care Seeker or any other users of this Site are not the responsibility of Nannies Galore. Nannies Galore does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Care Providers and/or Care Seekers and/or other users of this Site. Users do hereby represent, understand and agree to hold Nannies Galore harmless for any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.
4. USE OF SITE. You may use the service, the Site, the information, images, writings, and other information you see or otherwise experience on this Site (singularly or collectively “Content”) solely for your personal, non-commercial purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such content, or otherwise.
It is not permitted to put contact information in the open text fields of your account. Contact information will be removed. Multiple violations of this rule may result in immediate termination of your account with no refund given. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Care Seekers or Care Providers for employment or contracting for a business not affiliated with Nannies Galore without express written permission from Nannies Galore. Should Nannies Galore find that you violated the terms of this paragraph or any terms stated herein, Nannies Galore reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Care Provider or Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party Site.
Although Nannies Galore cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, Nannies Galore reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Nannies Galore also reserves the right, in its sole discretion, to terminate your access to all or part of the Nannies Galore Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to cancel your subscription to Nannies Galore.com for any reason or no reason, with or without notice.
5. COPYRIGHT. The Site and the Content are protected by U.S. copyright laws, and belong to Nannies Galore, or its affiliates, contributors or third parties. The copyrights in the Content are owned by Nannies Galore or other copyright owners who have authorized use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. You are not allowed to manipulate or alter images or other content in any way on this Site.
6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. Nannies Galore is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by any users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, 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). You will not provide inaccurate, misleading or false information to Nannies Galore or to any other user of the Site.
When you register and become a member of Nannies Galore, you will be entering the following information which includes but is not limited to: your full name, address, city, state, zip code, postal code, telephone number(s), credit card information, mailing address, a valid email address, your age, and your date of birth. Other information can and will be collected as part of your resume for families, care seekers, nannies, and care providers. You are responsible for all of the information you enter. You will not provide inaccurate, misleading or false information to Nannies Galore.com or to any user of the Site under any circumstances.
You understand and agree that Nannies Galore may review and delete any Content, in each case in whole or in part, that in the sole judgment of Nannies Galore violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
By posting Content to any public or Member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Nannies Galore, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Nannies Galore will not infringe or violate the rights of any third party.
Your use of the Site, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
Nannies Galore does not: (a) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Nannies Galore or its affiliates, licensees, or successors be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site.
Nannies Galore has the right but not the obligation to review all of the profiles on the site.
7. EXCLUSIVE SITE USE. Your account is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the confidentiality of your information and password. Please keep it in a safe place. Nannies Galore will never send you an email asking you to “update” your account by entering your password. This is a scam. Please safeguard your password at all times. Please contact the FCC to file a complaint against the sender of the fraudulent email asking for your password.
8. LINKS TO OTHER SITES. Links on the Site to third party websites or information are provided solely as a convenience to you. Nannies Galore.com is not responsible for the content of linked third-party website and does not make any representations regarding the content, availability or accuracy of such materials on third party websites. If you use these links, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites. Such links do not constitute or imply an endorsement. If you decide to access linked third party websites, you do so at your own risk and will not hold Nannies Galore responsible in any way for any such website or the content thereon.
9. NANNIES GALORE’S LIABILITY. Families and Care Seekers may seek the services of a Nanny or Care Provider through the use of the Site and Nannies and Care Providers may submit proposals to Families and Care Seekers regarding their services. In the event that a Family/Care Seeker and a Nanny/Care Provider agree on the provision of services, such agreement is solely between the Family/Care Seeker and the Nanny/Care Provider. Nannies Galore is not a party to any such agreement. Any issues concerning the services received by the Family/Care Seeker or payment due to the Nanny/Care Provider must be resolved directly by the Family/Care Seeker and the Nanny/Care Provider. Nannies Galore will not be held responsible and 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. By using this Site, you do hereby represent, understand, and expressly agree to hold Nannies Galore harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Nannies Galore will use its reasonable efforts to monitor Nanny/Care Provider and Family/Care Seeker profiles, actions, comments, and general usage of the Site and suspend privileges to any Families/Care Seekers or Nannies/Care Providers not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to Nannies Galore immediately by notifying Nannies Galore of the same via electronic correspondence.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL NANNIES GALORE BE LIABLE FOR ANY DAMAGES WHAT SO EVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (1) THE USE OR INABILITY TO USE THE SITE OR CONTENT (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTIRBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ITS CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENT, EVEN IF NANNIES GALORE HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, NANNIES GALORE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.
California Residents: if you reside in California, you waive the protection of California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Nannies Galore is not responsible for any problems or technical malfunction of any telephone network lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web Site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will Nannies Galore or any of its Affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. THE SITE AND ITS CONTENTS AND SERVICES ARE PROVIDED "AS-IS" AND NANNIES GALORE EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NANNIES GALORE cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Mediation/Arbitration: Under this section you are giving up your legal rights to file a lawsuit in court with respect to any claim arising in connection with the Terms of Use or the use of this website.
11. COPPA COMPLIANCE. Nannies Galore strictly adheres to COPPA - Children's Online Privacy Protection Act of 1998. Nannies Galore is intended for people ages 18 or over. Nannies Galore will not knowingly collect any information from children under age 13. All members must identify their age during the registration process. Nannies Galore takes the Children's Online Privacy Protection Act as well as all FTC regulations very seriously. Nannies Galore does not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately. You may use the Forums if you are under 18 but you may NOT use the Forums if you are under age 13.
12. PAYMENT AND REFUND POLICY FOR ALL USERS. Individual Families, and/or Care Seekers are obligated to pay for the service of the Site, unless specifically notified otherwise. Families and/or Care Seekers that sign up agree to pay Nannies Galore all charges at the prices then in effect for any use of the Site. Families and Care Seekers authorize Nannies Galore to charge their chosen payment provider for use of the Site. Nannies Galore reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Nannies and/or Care Givers are obligated to pay for upgrades to their account only if subscribed to. For example, Nannies Galore may offer a “Featured Nanny” upgrade. Nannies and/or Care Givers who desire to subscribe to this upgrade agree to pay Nannies Galore all charges at the prices then in effect for the upgrade on the Site. Nannies and Care Givers authorize Nannies Galore to charge their chosen payment provider for use of the Site. Nannies Galore reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The subscription to a featured nanny upgrade will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected. To cancel your “featured nanny” subscription, log into your account and cancel your current subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
Nannies Galore may offer limited-time free trial subscriptions to Families and Care Seekers from time-to-time. You will be required to enter your preferred method of payment at the time of subscribing to the free trial. Families and Care Seekers who sign up for Nannies Galore on a free trial basis may have limited access to the features of the Site. If a Family or Care Seeker continues their subscription after the end of the free trial period, the Family or Care Seeker will be charged the price then in effect for a monthly subscription to the Service. To avoid being charged for the service of the Site, a Family or Care Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period by logging into their account and cancelling.
The subscriptions of Families and/or Care Seekers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel your subscription, log into your account and cancel your current subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. All subscriptions are billed at the time the user submits their subscription. Refunds or credits may be granted in extenuating circumstances or to correct any errors made by Nannies Galore.com.
NOTICE TO CALIFORNIA RESIDENTS :
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
Pricing Information: Current rates for using Nannies Galore may be obtained by calling (916) 259-2000. Nannies Galore reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
13. THIRD PARTY VERIFICATION SERVICE. Nannies Galore may make a third-party verification service available to Care Seekers and Care Providers. Care Seekers and Care Providers may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that Nannies Galore is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, you understand that Nannies Galore may review the information provided by the third-party verification service and that Nannies Galore retains the right to terminate your Nannies Galore membership based on the information.
14. FAIR CREDIT REPORTING ACT. Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice Nannies Galore notifies you that it may, as part of your use of a third-party verification service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a third-party verification service offered through the Site, you warrant that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to indemnify and hold harmless Nannies Galore from any loss, liability, damage, or costs that may result from your sharing this information regardless of the cause. Nannies Galore does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
15. WARRANTY. The information and materials contained in this Site, including text, graphics, information, links or other items are provided "as is". NANNIES GALORE DOES NOT WARRANT THE ACCURACY, ADEQUACY, THOROUGHNESS, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
16. INDEMNITY. You agree to defend, indemnify, and hold harmless Nannies Galore, its owner, employees, agents, affiliates, and licensees in any form against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. Nannies Galore shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
17. MISCELLANEOUS SITE RULES.
a) You shall not copy or adapt the HTML code that Nannies Galore creates to generate its pages for the website (Site). It is also protected by the Nannies Galore’s copyright.
b) You shall not use any software or routine to interfere or attempt to interfere with the proper working of the nanniesgalore.com Site or any activity being conducted on this Site. You shall not upload or post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site.
c) You shall not copy or duplicate any of the materials or information available from the Site. You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of this Site.
d) You shall not upload or post any information that may be considered competitive to the service. You shall not solicit services by any other means other than what is provided through this Site.
e) You shall not create more than one profile at a time. This applies to all users.
f) You cannot use this Site if you are a convicted sex offender.
g) The service marks, logo and trademarks on the nanniesgalore.com Site are owned by Nannies Galore. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.
h) If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of California, without its regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Superior Court of Placer County, State of California, for the resolution of any such dispute.
i) These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Nannies Galore of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
j) The Content may contain typographical errors or other errors, inaccuracies or omissions and may not be complete or current. Nannies Galore therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Nannies Galore does not guarantee that any such errors, inaccuracies or omissions shall be corrected.
18. CONTACT INFORMATION. If you have any questions or concerns regarding the Site or the service provided by Nannies Galore (nanniesgalore.com), please contact Nannies Galore at:
Nannies Galore
Attention: Legal Department
PO Box 831
Rocklin, Ca 95677
Or email Nannies Galore at:
legal@nanniesgalore.com
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