SITE USER AGREEMENT
Terms and Conditions
This webpage states the terms and conditions which govern the use of the eNannySource.com
website. Please read this webpage carefully. Any use of the eNannySource.com
website constitutes your acceptance of the terms and conditions stated herein.
These terms and conditions may be revised at any time and without notice. Each
Person (as defined below) accessing this website is directed to review this
webpage each time the website is accessed by such Person. Any Person who does
not intend to be bound by such terms and conditions, as revised and updated
from time to time, shall immediately terminate such access to, and use of,
The term “Authorized User” as used herein refers to (i) individuals
seeking employment as nannies and (ii) employers seeking to employ one or more
nannies; the term “Authorized User” expressly excludes all individuals
and business entities engaged in the business of (i) recruiting domestic personnel
for the benefit of third parties or (ii) employing or otherwise contracting
with domestic personnel for the benefit of third parties. (Individuals and
business entities who are engaged in the business of (i) recruiting domestic
personnel for the benefit of third parties or (ii) employing or otherwise contracting
with domestic personnel for the benefit of third parties are not authorized
to use this website. Any such unauthorized person(s) who undertake to gain
access to this website shall be removed from the Company’s website and
shall be entitled to no refund by reason of such removal. Any person or entity
tendering a fee for the use of the information on the eNannySource.com website,
by tendering such fee, represents and warrants that it is not engaged in the
business of (i) recruiting domestic personnel for the benefit of third parties
or (ii) employing or otherwise contracting with domestic personnel for the
benefit of third parties.)
The term “The Company” means eNannySource.com and its successors
The term “the Material” and, alternatively, “Website Content,” refers
to and means the contents of the Website, including but not limited to the
information on the eNannySource.com website as well as all text, graphics,
images, logos, button icons, software and other material appearing on the Website.
The term “Person” refers to and includes individuals as well as
business entities of any and every kind.
The term “the Website” refers to and means the website found at
the URL address: http://www.eNannySource.com
Use of the Material.
Authorized Users may view and download the Material on the Website solely
for their own personal, noncommercial use.
Payment and Refund Policy
Users/members that sign up agree to pay eNannySource.com all charges at the prices then in effect for any use of the Site. In addition, Users/Members authorize eNannySource.com to charge their chosen payment provider for use of the Site.
The subscriptions of Users/Members will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current subscription rate. To change or cancel your subscription at any time, contact firstname.lastname@example.org. 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. At eNannySource.com’s sole discretion, refunds or credits may granted be in extenuating circumstances or to correct any errors made by eNannySource.com.
The Website Content is protected under both United States and foreign copyright,
trademark and other laws. All Website Content is the property of the Company
or its content suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all Website Content on this Website as well as
the HTML code that the Company creates to generate its Website Content are
the exclusive property of the Company and as such are protected by U.S. and international
copyright laws as well as applicable state laws from unauthorized use. Unauthorized
use of the Website Content may violate copyright, trademark, and other laws.
Any Person who wishes to use any of the Website Content may do so only as an
Authorized User and provided further that each such Person shall retain all
copyright, trademark, service mark and other proprietary notices contained
in the original Website Content on any copy made of the Website Content. Copies
may be made for personal, non-commercial use only. No Person may sell or
modify the Website Content or otherwise reproduce, display, publicly perform,
distribute, or otherwise use the Website Content in any way for any public
or commercial purpose. The use of the Material on any other website or in a
networked computer environment for any purpose is prohibited. No Person shall
copy or adapt the HTML code that the Company creates to generate its pages.
Acceptable Site Use.
Authorized Users may not use the Website in order to transmit, distribute,
store or destroy any kind of material (a) in violation of any applicable law
or regulation, (b) in a manner that will infringe the copyright, trademark,
trade secret or other intellectual property rights of others or violate the
privacy, publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
Authorized Users may not put contact information in open text fields. Contact
information found by the Company in these fields will be removed. Any User
who violates this rule is subject to suspension, termination, or deactivation
of such User’s account and may, at the company's discretion, forfeit the User's payment.
Agencies are authorized to use the site only as paid family members and must make it clear in text boxes and in all email communication with nanny members that they are an agency. Agencies that violate this are subject to loss of the membership fee and termination of their membership.
Authorized 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 any and all Persons who may
be involved in such violations.
Specific Prohibited Uses.
The Website may be used only for lawful purposes by: (i) individuals seeking
employment as nannies and (ii) employers seeking to employ one or more nannies.
The Company specifically prohibits any use of the Website, and all users agree
not to use the Website, for any of the following purposes:
- Posting any incomplete, false or inaccurate biographical information or
information which pertains to any Person.
- Deleting or revising any material
posted by any other Person.
- Using any device, software or routine to interfere
or attempt to interfere with the proper working of this Website or any
activity being conducted on this website.
- Taking any action which imposes
an unreasonable or disproportionately large load on this Website’s
- Disclosing to or sharing with a Person who is not an Authorized
User a password by which such non-Authorized User may gain access
to any non-public area of this Website.
- Using or attempting to use any engine,
software, tool, agent or other device or mechanism (including, without
limitation, browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Website other than the search engine and search
agents available from the Company on this Website and other than generally
available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
to decipher, decompile, disassemble or reverse engineer any of the software
comprising, available on, or in any way making up a part of the Website.
copying or duplicating in any manner any of the Website Content.
of or linking to any of the Website Content.
Authorized Users, to qualify as such, will be required to provide the Company
with certain information including, without limitation, a such person’s
or entity’s valid e-mail address (“your Information”). Subject
this Website, each Authorized User authorizes the Company to 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
the name, address, e-mail address or telephone number of any Authorized User
without such Authorized User’s prior consent, except to the extent necessary
or appropriate to comply with applicable laws or in legal proceedings where
such information is pertinent to such proceedings. The Company reserves the
right to offer third party services and products to Authorized Users based
on the preferences that such Authorized Users submit to the Company at the
time of registration and/or 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.
Each Authorized User is responsible for (i) his or her own communications
and (ii) the consequences of his or her own communications. Authorized Users
may not, and agreed that they shall not, use this Website to do the following
things: post material that is copyrighted, unless the posting party is the
copyright owner or has the permission of the copyright owner to post such material;
post material that reveals trade secrets, unless the posting party owns such
material or has the permission of the owner of such material to do so; post
material that infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post a sexually-explicit image or statement;
post advertisements or solicitations of business, post chain letters or pyramid
schemes; impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by users or endorse any opinions expressed
by users. Each Authorized User, for himself or herself, acknowledges 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 in good faith and its sole discretion 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. The Company
may take any action with respect to user-submitted information that it deems
necessary or appropriate in its sole discretion, if it believes it may create
liability for the Company or may cause the Company to lose (in whole or in
part) the services of its ISPs or other suppliers.
Each Person submitting content to any public or non-public area of the Website,
including message boards, forums, contests and chat rooms, by virtue of availing
himself or herself of the opportunity to do so, thereby grants the Company
and its affiliates the royalty-free, perpetual, irrevocable, sublicensable
(through multiple tiers), non-exclusive right (including any moral rights)
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. Each such Person also warrants
that the holder of any rights, including moral rights in such content, has
completely and effectively waived all such rights and validly and irrevocably
has granted to such Person the right to grant the license stated above. In
so doing, each such Person also authorizes any subscriber to access, display,
view, store and reproduce such content for personal use. Subject to the foregoing,
the owner of such content placed on the Website retains any and all rights
that may exist in such content.
Registration and Password.
Each Authorized User is responsible for maintaining the confidentiality of
his or her information and password. Each Authorized User shall be responsible
for all uses of his or her registration, whether or not authorized by such
user. Each Authorized User agrees to immediately notify the Company of any
unauthorized use of his or her registration or password.
Identification Of Agent To Receive Notification And Elements Of 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 notify us by providing our designated copyright
agent 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;
You must include enough information to allow us to locate the material or the
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.
Policy Regarding Termination Of Users And Account Holders Who Infringe The
Copyright Or Other Intellectual Property Rights Of Others.
eNannySource.com respects the intellectual property of others, and we ask
our Users, account holders, and content partners to do the same. The unauthorized
reproduction, copying, distribution, modification, public display or public
performance of copyrighted works constitutes infringement of the copyright
owners’ rights. As a condition to your use of this Website, You agree
not to use the Website to infringe the intellectual property rights of others
in any way. We will terminate the accounts of any account holders, and block
access to our Website of any users, who are repeat infringers of the copyrights,
or other intellectual property rights, of others. We reserve the right to take
these actions at any time, in our sole discretion, with or without notice,
and without any liability to the account holder who is terminated or to the
user whose access is blocked.
The Company’s Liability.
eNannySource.com is only a venue. This Website serves solely and exclusively
as a venue for (i) prospective employers of nannies to post nanny opportunities
and (ii) nanny candidates to post resumes; neither eNannySource.com nor any
of its officers or employees undertake to screen or censor the listings offered.
The Company is not involved in the actual transaction between such prospective
employers and the respective nanny candidates. As a result, the Company has
no control over the quality, safety or legality of the jobs or resumes posted,
the truth or accuracy of the listings, the ability of prospective employers
to offer job opportunities to candidates or the ability of the nanny candidates
to fill job openings. The Company does not provide any assurance or guarantee
that Persons seeking employment as nannies will find such employment; likewise,
the Company does not provide any assurance or guarantee that Persons seeking
to engage the services of a competent nanny will be successful in doing so.
In addition, the Company requires all users of the Website to 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. Each Person using this Website assumes all risks associated
with his or her dealings with other users of the Website and person who may
be contacted directly or indirectly by way of the Website. Each Person using
the Website by using this Website covenants and agrees to carefully screen,
interview, and conduct background investigations on any person(s) identified
on this Website with whom such Person may undertake to enter into a business
or personal relationship. The Company does not refund membership or user fees.
Because user authentication on the Internet is difficult, eNannySource.com
cannot and does not confirm the accuracy and truthfulness of the identity given
by persons who use this Website. Because the Company does not and cannot be
involved in user-to-user dealings or control the behavior of participants on
eNannySource.com, if you have a dispute with one or more users, you waive any
claims that might otherwise be asserted against the Company and, as a further
condition to your use of this Website, You release the Company (and its agents
and employees) from claims, demands and damages (actual and consequential,
direct and 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 disputes. If You are a California resident, you waive California
Civil Code 1542, which says: “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.”
The Company is under no legal obligation to, and generally do not, control
the information provided by other users which is made available through the
Website. By its very nature, other people’s information may be offensive,
harmful or inaccurate, and in some cases will be mislabeled or deceptively
labeled. You agree to use the utmost caution, common sense, and diligence when
using this Website and screening the person(s) identified on the Website with
whom you may choose to enter into a business or personal relationship.
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 Nanny Employers are solely responsible for their postings
on the Website.
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, for whatever reason made, made by any entity posting jobs on the
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT
THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
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, 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.
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 contains 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.
If you decide to access linked third-party websites, you do so at your own
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights under these Term of Use. You
also agree not to make any unauthorized commercial use of the Website.
Limitation of Liability.
The aggregate liability for the Company to any person or entity using this
website for all claims arising from the use of the Materials is limited to
$100. Any person or entity asserting such a claim must establish by clear and
convincing evidence that he/she/it suffered a loss as a proximate result of
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of postings from this
Website, immediate suspension and/or termination of a person’s registration
with 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 registration with or ability to access the Website.
Each Person using the Website, in so doing, thereby agrees 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, alleging or resulting from such Person’s
use of the Material or your breach of the terms of these Terms and Conditions.
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. Any person accessing the Website from outside
of the United States does so at his or her own risk and is responsible for
compliance with all applicable laws. These Terms and Conditions are governed
by the internal substantive laws of the State of California, 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
Los Angeles County, California. If any provision of these Terms and Conditions
is 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 may be expressly
provided elsewhere in this Website, these Terms and Conditions constitute the
entire agreement between the Company and those persons and/or entities who
use the Website. No changes to these Terms and Conditions shall be made except
by a revised posting on this webpage.
such areas, or any part thereof, you agree to be read and be bound by the additional