This page states the “Terms and Conditions” under which you may use NanniesAmore.com (the “Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, you will not be able to use this Website. By using the Website, you are indicating that you have fully read, understood, and accepted the terms and conditions stated on this page and you have agreed to be bound by these terms and conditions. NanniesAmore.com (the “Company”) may revise these Terms and Conditions at any time; as such you should visit this page periodically to review the Terms and Conditions. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Website for any reason.
Use of Material.
The contents of this Website, including, but not limited to, the text, graphics, images, logos, button icons and software (hereinafter referred to as “Material”) are protected under United States and foreign copyright, trademark and other laws as applicable. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.
Acceptable Use.
The Website may only be used by individuals who are at least eighteen (18) years old as of the date of use. Further, the Website may be used only for lawful purposes by individuals seeking employment as care providers, babysitters, newborn specialists, elderly care providers/personal assistants, pet care providers, chefs, housekeeper/maids, tutors, and/or governesses (collectively referred to as “care providers”) and career information and by employers seeking to employ one or more care providers. The Company specifically prohibits any use of the Website, and all Users agree not to use the Website, for any purpose other than those expressly stated herein or otherwise agreed to by the Company in writing. Further, the Company authorizes use of the Material only for personal, noncommercial use, except as specifically provided herein.
General Rules: Users may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others; (c) violate the privacy, publicity or other personal rights of others; or (d) in a manner that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from putting contact information in the open text fields of his or her account; such contact information, included in these fields, will be removed. Multiple violations of this rule may result in the deactivation of your account. In the event your account is deactivated more than once, the User will not be permitted to use the site again.
As condition of your use of this site, you agree that you shall not:
(a) Include your last name or enter your personal contact information such as an email address, chat address or personal web page address in any photo, image or text field which does not specifically request such information;
(b) Attempt to subvert the membership system or direct users to any other website, location or directory where your contact information may be obtained;
(c) Upload or post any information or advertisement that may be considered as competitive to the service. Solicitation for services by any means, other than those offered or directly approved by NanniesAmore.com, to its registered users or Members is strictly forbidden. Under no circumstances shall the harvesting and commercial re-use of emails be allowed;
(d) Share your membership or contact information with any other person or disclose your password to any third parties. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf;
(e) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, discriminatory or otherwise objectionable;
(f) Create or maintain more than one active profile at a time. Each family and/or care provider is allowed only one active profile in the database at any one time;
(g) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or contractual / fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Website;
(i) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
(j) Interfere with or disrupt (or attempt to interfere with or disrupt) this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
(k) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Nannies Amore, Inc, or its subsidiaries, affiliates or users;
(l) Use the Website if you have been convicted of any sexual or criminal offense in the past 10 years;
(m) Harm minors in any way.
Such conduct will constitute grounds for blocking your access to this site, removal of posted material and cancellation of your registration and/or membership without refund.
Website Security Rules.
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
User Information.
When you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.
User Submissions.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive.
By submitting content to any public or non-public area of the Website, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
Registration and Password.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
Notification of Claimed Copyright Infringement.
If you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please provide us with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring;
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
The Company’s Liability.
NanniesAmore.com is only a portal website, which acts as a venue for prospective employers of care providers to post employment opportunities and care provider candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between such prospective employers and the respective care provider candidates. As a result, the Company has no control over (1) the quality, safety or legality of the jobs or resumes posted; (2) the truth or accuracy of the listings; (3) the ability of prospective employers to offer job opportunities to candidates; or (4) the ability of the care provider candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other care providers with whom you come in contact through the Website.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Website. Prospective Care Provider Employers are solely responsible for their postings on the Website.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, stemming or resulting from your use of the Material, your breach of the terms of these Terms and Conditions, and/or any disputes which may arise between you and one or more users of the Website. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
The Company is not to be considered to be an employer with respect to your use of the Website and the Company shall not be responsible for any employment decisions made by any entity posting jobs on the Website.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
To the extent that the Company or the website offers links or referrals to other services such as background check services, accounting or payroll services, or any other services not expressly contemplated herein, such are provided merely as a convenience to the user and are not endorsed by the Company. Further, the Company has no control over such third parties, makes no representations regarding such third party goods and services, and is not responsible for the actions of such third parties.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites.
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third party websites. The Company is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. Access to third party websites is done at your own risk.
No Resale or Unauthorized Commercial Use.
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 the Website.
Termination.
The Company reserves the right, at its sole discretion, to pursue any and all of its legal remedies, including but not limited to, deletion of your postings from this Website and immediate termination of your registration and/or ability to access the Website and/or any other service provided to you by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Website.
General.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Broward County, Florida. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website, a particular “Legal Notice,” or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of the Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
Refund.
By agreeing to these terms and conditions you acknowledge that the Company has no duty or obligation to refund any monies paid by you, or others on your behalf, to the Company or to any other third party. Further, the Company reserves the right to refund fees paid to the Company at its own discretion, and payment of refunds, in whole or in part, to others does not constitute waiver or modification of this policy/agreement.
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