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  Terms of Services
 
Please read the following terms and conditions for the use of services offered by NannyAvailable.com, including but not exclusively, the use of the website and email services and other services that may be offered by NannyAvailable.com. Each individual service and collective service offered by NannyAvailable.com will be for the purpose of these Terms of Service referred to as ĎThe Serviceí.

The Service is only offered to individuals who are of the age of consent according to the laws of the State in which they reside and only on acceptance of all of the following terms, conditions, and notices contained herein.

1. DESCRIPTION OF SERVICE
NannyAvailable.com is an on-line nanny and domestic personnel matching service which allows users to search the Serviceís database either to obtain leads from employers or from applicants. NannyAvailable.com plays not part and is no way involved in any of the transactions between Jobseekers and Employers. NannyAvailable.com does not screen or perform background checks on the Jobseekers or Employers that use the services. Therefore the safety and accuracy of postings is not the responsibility of the Service, nor is the Service responsible for the quality of the jobs or resumes posted. The Service can make no assurances of either the authenticity or capability of prospective Employers to offer job opportunities to candidates or the ability and authenticity of the Job Seekers to fill job openings.
The Service can make no guarantees that Jobseekers will successfully find employment; or that Employers who are seeking to hire Jobseekers will be successful.

2. Account Security
All information provided by the user in the registration process must be accurate and complete. The Service will prompt you to choose both an account user name and password that you should keep confidential and that you alone are responsible for. Any interference, breach of security or unauthorized use of your account should be reported to NannyAvailable.com. The Service does not accept liability for any unauthorized or improper use of disclosure of the userís password and the Service will not take responsibility for any of the activities that take place on your account.

3. MEMBER PRIVACY
The Service will use the information provided by service users in accordance with the Privacy Policy. For more detailed information, please refer to NannyAvailable.comís full  Privacy Policy.

4. MESSAGE & INFORMATION STORAGE 
The Service is in no way responsible or liable for the deletion of messages, or for the failure to store messages or any other information provided for or to the users. Message information and storage is the responsibility of the user.

5. MEMBER CONDUCT
Unlawful use of the Service is prohibited by the Terms of Service as a condition of using NannyAvailable.com. You agree to use the Service only to send and receive personal messages. Unauthorized use of the Service, or the resale of its services, is expressly prohibited in accordance with the Terms of Service set out by NannyAvailable.com. Agencies and recruiters that use the Service must only do so service as a means of recruitment and must utilize their own agency materials when presenting themselves to users.

In agreeing to these Terms of Service the user of the Service must abide by all applicable local, state, national and international laws and regulations.
In accordance with these Terms of Service the user of the Service is by way of example, and not limited, agreement that he or she will not:
-Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
-Use the Service to abuse, harass, stalk, threaten, or to violate the legal rights (such as rights of privacy and publicity) of other users of the Service.
-Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
-Advertise, offer to sell or buy any goods or services for any non-personal purpose.
-Harvest or otherwise collect information about other users of the Service, including email addresses, without their consent.
-Create a false identity or create a false account in order to mislead others as to your identity or the origin of a message;
-Use, download, replicate or provide (whether for a fee or at no charge) any usage information on the site to a person or entity that is not a Service member or any information other than in the context of the use of the Service as permitted under the Terms of Service.
-Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs to the Service or to any service users.
-Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights or have received all necessary consents to do so.
-Interfere with or disrupt networks, violate the regulations, policy or procedures of the Service. --Gain or attempt to gain unauthorized access to the Service, or computer systems, networks or accounts other accounts, connected to the Service, through means.
-Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
-Interfere with another memberís use and or enjoyment of the Service.

NannyAvailable.com is not under any obligation to monitor the use of the Service itself or preserve the contents of any session by any of its users. However, the Service does reserve the right at any time to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
 

6. LINKS TO THIRD PARTY SITES
The Service may allow the user to leave the Serviceís websites to linked sites that are not under the control of NannyAvailable.com. NannyAvailable.com can therefore has no control over the contents and or changes to such linked sites. Inclusion of linked sites by the Service is in no way an endorsement of such sites. No explanation is needed for the refusal of third party links to our Site.

7. DISCLAIMERS/LIMITATION OF LIABILITY
 

NannyAvailable.com  is not involved in screening any users of the Service and you alone assume full responsibility for the hiring process.  Any advice given on nannyavaiale.com is simply a guide and should in no way be a substitute for independent or legal counsel. 

Changes and improvements to NannyAvailable.com and/or its respective may occur at any time.

An interruption and error free service cannot be guaranteed nor can NannyAvailable.com guarantee that the Service will be virus and defect free or that the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that the Service shall not be responsible for unauthorized access to or for the alteration of transmissions, data or any material sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that the Service is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or for any infringement of anotherís rights, including intellectual property rights. The user specifically agrees that NannyAvailable.com is not responsible for any content sent using and/or included in the Service by any third party.

Nannyavailabe.com is under no obligation to screen communications or any information on the site nor is NannyAvailable.com under no obligation to monitor the material that is posted by its users.

NannyAvailable.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NannyAvailable.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL NannyAvailable.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR WITH ANY OTHER USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NannyAvailable.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MIGHT HAVE ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, ANY AND ALL OF YOUR CAUSES OF ACTION ARE PERMANENTLY BARRED.

8. INDEMNIFICATION
You agree to indemnify and hold NannyAvailable.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneysí fees, asserted by any third party due to or arising out of the users use of or conduct on the Service.

9. BILLING AND PAYMENT POLICY
All Premium Users (selecting a paid level of membership to the Site) are obligated to pay for the services of the Site, unless specifically notified otherwise. The price may alter at a future date, but Premium Users are locked into the pricing and terms of the subscription chosen upon registration.
Pricing may vary by promotions selected at the time of registration. For all fees, NannyAvailable.com will charge the User's credit card according to the agreed-upon fee between User and NannyAvailable.com for use of the services of the Site. While NannyAvailable.com will use reasonable commercial efforts to ensure the privacy of all credit cards and all other personal information, we expressly disclaim any liability for any damages that may result should any information be released to any third parties .A User does hereby agree to hold NannyAvailable.com unaccountable for any damages that may result there from. NannyAvailable.com will use a third party service (like PayPal but not limited to), to process credit card information.
Reinstatement
An eligible Premium User may reinstate a subscription that has expired. A new price structure may apply at the time and date of reinstatement.

Renewal and Cancellation
Premium User subscriptions will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the prior term's subscription rate. NannyAvailable.com will continue to renew subscriptions until a cancelation has been requested by the User. If a User cancels the subscription, the User will have access to the subscription benefits until the then current subscription term expires;. The subscription will not be renewed after that term has expired. However, Users will not be eligible for a refund of any portion of the subscription fee paid for the then-current subscription period.


10. TERMINATION
NannyAvailable.com may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

For instance, NannyAvailable.com reserves the right to terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by NannyAvailable.com. The amount of time that NannyAvailable.com currently views as an "extended" period of time is 90 days since the userís last log on to the service. Upon termination of the Service, the userís right to use the Service immediately ceases.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service.

At such time as the use of the service is discontinued, NannyAvailable.com shall have no obligation to maintain any of the content relative to your account, nor shall NannyAvailable.com have any obligation to forward any unread or unsent messages to you or any third party.

11. NO SPAM; DAMAGES
NannyAvailable.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay NannyAvailable.com liquidated damages of $5 (US) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay NannyAvailable.com ís actual damages, to the extent such actual damages can be reasonably calculated.

12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings you might have with advertisers on the Service or with promotions offered to you, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. NannyAvailable.com shall not be responsible or liable for any part of any such dealings or promotions.

13. PROPRIETARY RIGHTS TO CONTENT
You acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by NannyAvailable.com, or NannyAvailable.comís advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

14. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
NannyAvailable.com reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify the user by posting an updated version of the TOS on this Web site. The users are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute their consent to such changes.

15. COPYRIGHT AND TRADEMARK NOTICES:
You acknowledge and agree between you and the Service, that that Babysitting Agency, Inc (hereinafter sometime referred to collectively as "Owners") own all of the forms, documents and the contents of this Service (hereinafter "Documents"). You agree that no right, title or interest in or to any trademark, service mark, logo or trade name of the Owners is granted under this Agreement and that title to all such documents is retained by said Owners. You agree, stipulate and consent that all Documents are copyright protected and are trademarks owned by the Owners and that you will not reproduce, modify or publish any and all of the Documents for any commercial purpose without the express written consent of said Owners. © Copyright 2007 Babysitting Agency, Inc., All Rights Reserved. Please review our Privacy Policy.

16. GOVERNING LAW, JURISDICTION AND VENUE
Use of the Service is unauthorized In any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph the use of service is not authorized . The Terms of Service are governed by the laws of the State of Israel exclusively and any dispute arising out of the use of the Service shall be in the Israeli Court. By agreeing to the Terms of Service the user is consenting that no other court or tribunal in this country or in any other country shall have jurisdiction relative to any dispute arising out of this Service.

17. GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NannyAvailable.com as a result of this agreement or use of the Service. NannyAvailable.com ís performing of all Services is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NannyAvailable.com ís right and/or obligation to comply with governmental, judicial and law enforcement requests or requirements relating to your use of the Service or to the information provided to or gathered by NannyAvailable.com with respect to your use of the Service.

18. SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

19. INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NannyAvailable.com with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NannyAvailable.com with respect to the Service.

20. LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

21. BINDING
This agreement shall be effective to bind you, your assigns, agents, representatives, successors, employees and any and all other persons acting on your behalf. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.