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 ‘The Service’.
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 Service’s 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 user’s 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.com’s 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 member’s 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 Service’s 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 another’s 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 attorneys’ 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 user’s last
log on to the service. Upon termination of the Service, the user’s 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 ’s 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.com’s 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 ’s performing of all
Services is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of NannyAvailable.com ’s
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.
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