NannyPro.com Terms of Use


 

By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations.  If you do not agree to these terms you may not access or use this site. These terms include the privacy policy statement for NannyPro.com, which is incorporated into these terms of use by reference. By accessing this site or becoming a member, you consent to have these terms and the privacy policy statement provided to you in electronic format. 

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern this website's relationship with you in relation to this website.

The term "http://www.nannypro.com" or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.

 

1. MEMBERSHIP OPTIONS AND PAYMENT TERMS. 

Nanny Pro LLC ("Nanny Pro") currently offers 1 month memberships, 3 month memberships, 6 month memberships, and 12 month memberships.  Users that sign up agree to pay Nanny Pro all charges at the prices then in effect for any use of the Site and, if paying by credit card, authorize Nanny Pro to charge their payment provider for use of the Site. Nanny Pro will not provide refunds for background check purchases and account cancellation requests received after your account has been billed, although Nanny Pro, in its sole discretion, may offer refunds or credits under certain circumstances or to correct any errors it has made.

 

2. FREE TRIAL MEMBERSHIPS AND GUARANTEES.  

From time to time, Nanny Pro may elect to offer free trial memberships and guarantees, which will entitle you to limited information, free of charge.

 

3. ACCESS RESTRICTIONS. 

Users and visitors of this Site must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction.  In addition, our services are not available to anyone who may not legally work within the United States.  Access to the Site or its materials from territories where such access is illegal is prohibited.  This Site is not, under any circumstances, available to any person who has been convicted of a felony or of any crime characterized as a sexual offense.

 

4.  NANNY PRO'S ROLE. 

Nanny Pro is a poster and distributor of profiles and related content by subscribing individuals.  Nanny Pro will not take part in any interactions between users of the Site and makes no representation or warranty that any materials on the Site are truthful, appropriate, correct or reliable.  Reliance in any way on any materials on the Site will be at your own risk.  Furthermore, Nanny Pro makes no representation or warranty regarding the suitability, character or fitness of any prospective employer or employee and shall in no event have any liability arising directly or indirectly from the employment of any individual resulting directly or indirectly from the use of the Site.  Nothing on this Site shall be construed as an endorsement by Nanny Pro of any individual or employment situation.  By your use of this Site, including any third-party verification service, you acknowledge and agree that Nanny Pro is not your employer, nor is it a joint or successor employer of any of your employees.

 

5.  SITE SECURITY.  

You are prohibited from violating or attempting to violate the security of the Site, including without limitation, accessing data not intended for you.  Nanny Pro reserves the right to limit, in its sole discretion, the amount of data that may be accessed by you at any time.

 

6.  PERMITTED USES; LICENSE RIGHTS. 

The features of this Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.  By posting content on the Site, you automatically grant to Nanny Pro a perpetual, irrevocable, royalty-free, fully-paid, worldwide license to distribute, modify, publish, communicate and otherwise use such content.  NannyPro reserves the right to suspend or cancel your account at any time if your account is under suspicion of fraudulent activity including but not limited to scams and email spamming.

 

7.  EXCLUSIVE USE. 

Your account may only be used by you for personal uses.  You may not authorize others to use your account or otherwise assign your rights to your account to a third party.

 

8.   MONITORING OBLIGATIONS; PROHIBITION ON POSTING OF FRAUDULENT INFORMATION. 

Nanny Pro is under no obligation to monitor the conduct of its users, but it may, if it elects, investigate and respond when violations are reported.  You are solely responsible for the information you post on NannyPro.com or that you transmit.  You agree that in using the Site that you will not impersonate any person, or submit any materials to Nanny Pro that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.  Nanny Pro may, in its discretion, request changes to the information you post if such information is deemed by Nanny Pro to be offensive, false, misleading, harassing or otherwise objectionable.

 

9. OWNERSHIP AND CANCELLATION.  

When you register on the Site, you will be asked to create an account and provide us with certain information.  Information you submit will be used in accordance with Nanny Pro's Privacy Policy Statement.  You understand and acknowledge that you have no ownership rights in your Nanny Pro account and that your Nanny Pro account can be cancelled by Nanny Pro at any time and for any reason.

 

10.  THIRD PARTY VERIFICATION SERVICE. 

Nanny Pro may make a third-party verification service available to users of this Site.  Use of such a service is voluntary.  If you decide to use or access information provided by such a third-party service, you hereby acknowledge and represent that Nanny Pro does not have control over such service and does not assume liability for the accuracy or reliability of the information provided by such service.  Notwithstanding anything to the contrary, Nanny Pro does not assume and disclaims any liability arising from the use of the third-party verification service.  Nanny Pro further expressly disclaims any liability arising from your failure to comply with any applicable state, federal, or local laws or regulations, with respect to your use or access to such third-party verification service.

 

11. FAIR CREDIT REPORTING ACT. 

By using this Site you warrant that you will comply with any and all obligations set forth in the Fair Credit Reporting Act (FCRA) and any other applicable state, federal, or local laws or regulations.  Moreover, you specifically certify that you will comply with the requirements of 15 U.S.C. § 1681b(b) if you use any consumer reports you obtain through this Site, including those obtained from any third-party verification service, for employment purposes; including that you will not use such consumer reports in violation of any applicable federal and state equal employment opportunity law or regulation.  You further warrant that will provide any and all required authorizations, disclosures, and notices as may be required by law.  A copy of the FCRA can be accessed through www.ftc.gov.  Click here for A Summary of Consumers' Rights Under the Fair Credit Reporting Act.  (This Summary is provided only for your general information and does not constitute any representation by Nanny Pro as to any individual user's rights and responsibilities under the FCRA.)

 

12.  INDEMNIFICATION.  

By accessing or using the Site, you agree to indemnify Nanny Pro and any of its managers, members, officers, employees, agents and advertisers, and hold them harmless from any and all claims and expenses - including reasonable attorneys' fees - arising from your use of or connection to the Site (including but not limited to the actual or potential employment of an individual through the Site or the actual or potential employment by an individual of an applicant posting through the Site), or arising out of the content you download, upload, e-mail, submit, post, or transmit from the Site, or arising from your violation of these Terms. 

 

13.  USE OF SITE IS AT YOUR RISK; LINKS TO OTHER WEBSITES.  

The use and browsing of this Site, or any links contained therein, is strictly at your risk.  The Site may provide links to the websites of certain other businesses or individuals, which have their own terms of use, privacy policies, and similar conditions regarding use, which you should carefully review.  The linked websites are not under the control of Nanny Pro, and Nanny Pro is not responsible for examining or evaluating the contents of any linked websites or any changes or updates to such websites.  Nanny Pro is providing these links to you only as a convenience and Nanny Pro does not make any representation, warranty or endorsement of any such website, the person or entity controlling such website, or any goods and/or services sold or offered for sale on or through such website.

 

14.  COPYRIGHTS.  

The copyright in all material provided on this Site, including, but not limited to, text, graphics, images, audio or video clips, photographs or other materials, is held by Nanny Pro or by the original creator of the material.  None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Nanny Pro or the copyright owner; provided, however, that permission is granted to display and download the materials on this Site for personal, non-commercial use only so long as the materials are not modified and all copyright and other proprietary notices contained in the materials are retained.

 

15. TRADEMARKS.  

The trademarks, service marks, trade dress and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Nanny Pro and others.  Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The name "Nanny Pro" or any logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.  You may not "frame" or "link" to the Site, or use any of the Trademarks as metatags or "hidden text", without Nanny Pro's prior written consent.  Nanny Pro prohibits use of the Nanny Pro logo as a "hot" link to any Nanny Pro site unless establishment of such a link is approved in advance by Nanny Pro in writing.

 

16. WARRANTIES. 

The materials contained in this web site are provided "as is" and without warranty of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for any particular purpose, or non-infringement.  We make no warranties that the materials are error-free, that defects will be corrected, or that our site is free of viruses or other harmful components, and you assume the entire cost of any necessary computer servicing and repairs.

 

17.  LIMITATION ON LIABILITY. 

Under no circumstances, including, but not limited to, negligence, shall nanny pro be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if nanny pro or a nanny pro authorized representative has been advised of the possibility of such damages.  Nanny pro also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of access to, use of, or browsing in the site or downloading of any materials, data, text, images, video, or audio from the site.

 

18.  LIABILITY. 

In no event shall the aggregate liability of nanny pro (whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or other theory) arising out of or relating to the use of the site exceed $10.00 or the amount you paid nanny pro to use the site, whichever is less.

 

19. AMENDMENTS. 

Nanny Pro reserves the right to change any and all content contained on the Site at any time without notice.  As well, Nanny Pro may at any time revise these Terms by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

 

20. GOVERNING LAW; FORUM.  

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of New York, without regard to conflict of law provisions, and you irrevocably agree that any action arising under these Terms or your use of the Site must be brought exclusively in the State of New York and that venue shall be in the federal and state courts sitting in Erie County.

 

21. VALIDITY AND ENFORCEABILITY.  

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, the parties agree that partial enforcement of this Agreement or revisions of said part are appropriate, but that the validity and enforceability of any remaining conditions shall not be affected thereby.

 

22. ASSIGNMENT.  

Nanny Pro shall have the right, at any time, to assign any of its rights and obligations under these Terms to a third party or affiliate.

 

23.  RESERVATION OF RIGHTS. 

All rights not expressly granted herein are hereby reserved.

 

24. COMMUNICATIONS.

By joining NannyPro.com you agree to receive account related and marketing related messages via e-mail. Account related messages are required as part of your membership. To stop receiving non-account related messages from NannyPro.com, please configure your account settings. To stop receiving all communications including account related messages, you must close your NannyPro.com membership. 

NannyPro.com is partnered with HomeWork Solutions Inc. (4nannytaxes.com) to educate you about household payroll and employment tax matters. HomeWork Solutions is an industry leader providing families with payroll and nanny tax compliance services since 1993. Enrollment with NannyPro.com includes permission for HomeWork Solutions to email you directly with helpful tips and tools. You will have the option to opt-out of their emails at any time.

25. Disclaimer

WEBSITE DISCLAIMER FOR http://www.nannypro.com

The information contained on this website is for general information only. It is our goal to keep the information on this page up-to-date and correct. However, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information on our website including the products or services that are mentioned on our website. Any reliance you place on such information is therefore strictly at your own risk.

We will not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website there are links to other websites which are not under the control of "http://www.nannypro.com". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running at all times. However, in some instances, "http://www.nannypro.com" takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical problems beyond our control.

 

 

© Copyright 2010 Nanny Pro LLC

All rights reserved worldwide.