Last modified 03/23/2012
This Agreement contains all of the terms and conditions between Longhorn Leads,
LLC DBA eNannySource.com and you Employers and Employees and other providers and
users and governs the use of the service offered at the eNannySource.com Website
(the "Site"). Please read this Agreement before using the Site. Use of the Site
you register as a member of eNannySource.com ("Member"). If you wish to become a
Member and make use of the eNannySource.com service (the "Service"), then please
read this Agreement. By using this Site, all users do hereby represent, warrant,
understand, agree to and accept all terms and conditions contained herein. If you
at any time, effective upon posting on the eNannySource.com Website, and your use
of the Site or the Service after such posting will constitute acceptance by you
of such changes.
This Agreement is an electronic contract that sets out the legally binding
terms of your use of the Site and the Service. This Agreement may be modified by
eNannySource.com from time to time, such modifications to be effective upon posting
By accessing the Site or becoming a Member, you accept this Agreement and agree
to the terms, conditions and notices contained or referenced herein. In addition,
by accessing the Site or becoming a Member, you consent to have this Agreement provided
to you in electronic form.
2. ENANNYSOURCE.COM IS A VENUE.
The Site is a communications platform for enabling the connection between
individuals seeking nannies and other employees and caregivers ("Care Seekers/Employers")
and individuals providing child care and other services ("Employee/Caregivers").
eNannySource.com does not take part in the interaction between Care Seekers/Employers
and Employee/Caregivers except to collect payments on the behalf of Care Seekers/Employer
and Employee/Caregivers for venue services through the Site. Users do hereby represent,
understand and expressly agree that eNannySource.com does not have control over
the quality, timing, legality or any other aspect whatsoever of the services actually
delivered by the Employee/Caregivers, nor of the integrity, responsibility or any
of the actions whatsoever of the Care Seekers/Employers. eNannySource.com makes
no representations about the suitability, reliability, timeliness, and accuracy
of the services provided by Employee/Caregivers or Care Seekers/Employers through
the Site whether in public, private or offline interactions. eNannySource.com does
not assume any responsibility for the accuracy or reliability of any information
provided by Employee/Caregivers or Care Seekers/Employers on this Site. eNannySource.com
does not assume and expressly disclaims any liability that may result from the use
of this information. eNannySource.com is not responsible for the conduct, whether
online or offline, of any user of the Site or Member of the Service. All users including
both Care Seekers/Employers and Employee/Caregivers do hereby expressly agree not
to hold eNannySource.com (or eNannySource.com's officers, directors, investors,
subsidiaries, agents, assignees, representatives, advertisers, marketing partners,
licensors, independent contractors, or employees, hereinafter "Affiliates") liable
for any instruction, advice or services delivered which originated through the Site
and eNannySource.com and its Affiliates expressly disclaims any liability whatsoever
for any damage, suits, claims, and/or controversies that have arisen or may arise,
whether known or unknown there from.
Our services are available only to individuals and companies that can form
legally binding contracts under applicable law. Without limiting the foregoing,
our services are not available to minors under the age of eighteen (18) or to anyone
who may not legally work within the jurisdiction of the United States. This Site
is currently available only to United States citizens and/or any individuals who
are legally in the jurisdiction of the United States and may legally work within
By requesting to use, registering to use and/or using the Site, you represent and
warrant that you have the right, authority and capacity to enter into this Agreement
and you commit to abide by all of the terms and conditions hereof. In addition,
you represent and warrant that you and each member of your household (a) have never
been the subject of a complaint, restraining order or any other legal action involving,
arrested for, charged with, or convicted of any felony, any criminal offense involving
violence, abuse, neglect, fraud or larceny, or any offense that involves endangering
the safety of others, and (b) have not been and are not currently required to register
as a sex offender with any government entity.
You here by authorize eNannySource.com to verify your representations and warranties
herein, and you acknowledge that eNannySource.com reserves the right, but not the
obligation, to verify such representations and warranties, which may include, without
limitation, conducting criminal background checks and using other available public
records, and to take action it deems appropriate in its sole discretion, including
but not limited to terminating your membership, should it determine, in its sole
opinion, that you have violated any representation or warranty or any other provision
NOTWITHSTANDING THE FOREGOING, ENANNYSOURCE.COM DISCLAIMS ANY LIABILITY WHATSOEVER
FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS
DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD ENANNYSOURCE.COM HARMLESS FOR
ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.
Care Seekers/Employers may seek the services of an Employee/Caregiver through
the use of the Site and Employee/Caregivers may submit proposals to Care Seekers/Employers
regarding their services. In the event that a Care Seeker/Employer and an Employee/Caregiver
agree on the provision of services such agreement is solely between the Care Seekers/Employers
and the Employee/Caregivers; eNannySource.com is not a party to any such agreement.
Any issues concerning the services received by the Care Seekers/Employers or payment
due to the Employee/Caregivers must be resolved directly by the Care Seekers/Employers
and the Employee/Caregivers. eNannySource.com will not be held responsible and expressly
disclaims any liability whatsoever for any claims, demands or damages direct or
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 issues.
By using this Site, you do hereby represent, understand, and expressly agree to
hold eNannySource.com harmless for any claim or controversy that may arise from
any disputes between you and any other user(s) of the Site. eNannySource.com will
use its reasonable efforts to monitor Employee/Caregivers and Care Seekers/Employers
profiles, actions, comments, and general usage of the Site and suspend privileges
to any Care Seekers/Employers or Employee/Caregivers not adhering to the policies
of the Site. You agree to take reasonable precautions in all interactions with other
users of the Site, particularly if you decide to meet offline or in person. In addition,
you agree to review the eNannySource.com Safety Tips prior to using the Service.
By using this Site, you do hereby agree to report any alleged improprieties of any
users therein to eNannySource.com immediately by notifying eNannySource.com of the
same via electronic correspondence.
5. EXCLUSIVE USE.
Your account is for your sole, personal use, you may not authorize others
to use your account, and you may not assign or otherwise transfer your account to
any other person or entity.
6. INFORMATION PROVIDED BY USERS.
You are responsible for providing accurate, current and complete information
in connection with your registration for use of the Site. eNannySource.com is not
responsible for any claims relating to any inaccurate, untimely or incomplete information
provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or
profiles (collectively, "Content") that you publish or display (hereinafter, "post")
on the Site, or transmit to other users of the Site. You will not post on the Site,
or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially offensive, or illegal
material, or any material that infringes or violates another party's rights (including,
but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to eNannySource.com
or to any other user of the Site.
You understand and agree that eNannySource.com may review and delete any Content,
in each case in whole or in part, that in the sole judgment of eNannySource.com
violates this Agreement or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of users of the Site.
By posting Content to any public or member area of the Site you automatically grant,
and you represent and warrant that you have the right to grant, to eNannySource.com,
its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, reproduce, adapt,
modify and distribute such information and content and to prepare derivative works
of, or incorporate into other works, such information and content, and to grant
and authorize sublicenses of the foregoing. You further represent and warrant that
public posting and use of your Content by eNannySource.com will not infringe or
violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the
Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available
on the Site or through the Service, but not directly by eNannySource.com, are those
of their respective authors. Such authors are solely responsible for such content.
eNannySource.com does not: (i) guarantee the accuracy, completeness, or usefulness
of any information on the Site or available through the Service, or (ii) adopt,
endorse or accept responsibility for the accuracy or reliability of any opinion,
advice, or statement made by any party that appears on the Site or through the Service.
Under no circumstances will eNannySource.com or its Affiliates be responsible for
any loss or damage resulting from: a) your reliance on information or other content
posted on the Site or transmitted to or by any user of the Site or Service; or b)
reviews or comments made about you on the Site by other users.
eNannySource.com will only use the information you provide on the Site in
8. LINKS TO EXTERNAL SITES.
Links from the Site to external sites (including external sites that are framed
by eNannySource.com) or inclusion of advertisements do not constitute an endorsement
by eNannySource.com of such sites or the content, products, advertising and other
materials presented on such sites or of the products and services that are the subject
of such advertisements, but are for users' reference and convenience. Users access
them at their own risk. It is the responsibility of the user to evaluate the content
and usefulness of the information obtained from other sites. eNannySource.com does
not control such sites, and is not responsible for their content. Just because eNannySource.com
has hyperlinks to such sites does not mean that eNannySource.com endorses any of
the material on such sites, or has any association with their operators. Users further
acknowledge that use of any site controlled, owned or operated by third parties
is governed by the terms and conditions of use for those sites, and not by eNannySource.com's
derived from the use and/or viewing of links that may appear on this Site. All users
hereby agree to hold eNannySource.com harmless from any liability that may result
from the use of links that may appear on the Site.
eNannySource.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 eNannySource.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
9. COPPA COMPLIANCE.
Care Seekers/Employers and Employee/Caregivers should monitor children's use
of the Internet. eNannySource.com is intended for people 18 or over. eNannySource.com
will not knowingly collect any information from children under 13. You must identify
your age during the registration process. eNannySource.com takes the Children's
Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very
seriously. That being said, we do not assume any responsibility for any misrepresentations
regarding your age or parental consent when using this Site. Should we determine
that you provided any false information to us when using this Site, your membership
will be terminated immediately.
10. PROHIBITED USE.
The Site and related services may not be used by any person or organization
to recruit, solicit, or contact in any form Care Seekers/Employers or Employee/Caregivers
for employment or contracting for a business not affiliated with eNannySource.com
without express written permission from eNannySource.com. Should eNannySource.com
find that you violated the terms of this paragraph or any terms stated herein, eNannySource.com
reserves the right, at its sole discretion, to immediately terminate your use of
the Site and/or assess a $500 daily penalty fee for scraping, either in a manual
or automatic manner, Employee/Caregivers or Care Seekers/Employers information,
including but not limited to, names, addresses, phone numbers, or email addresses,
copying copyrighted text, or otherwise misusing or misappropriating site content,
including but not limited to, use on a "mirrored", competitive, or third party site.
Although eNannySource.com cannot monitor the conduct of its users off the Site,
the Site or the Service in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit, or sell to any user without their prior
explicit consent. In order to protect our users from such activity, we reserve the
right to take appropriate actions, including but not limited to restricting the
number of emails which a user may send to other users in any 24-hour period to a
number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, eNannySource.com
reserves the right at any time in its sole discretion to block users from certain
IP addresses from accessing the Site.
eNannySource.com reserves the right, in its sole discretion, to terminate your access
to all or part of the eNannySource.com Site, to remove your profile and/or any content
posted by or about you, from the Site, and/or to terminate your membership in eNannySource.com,
for any reason or no reason, with or without notice. Following any termination of
any member's use of the Site, eNannySource.com reserves the right to send a notice
thereof to other members which whom you have corresponded.
11. PAYMENT AND REFUND POLICY FOR INDIVIDUAL CARE SEEKERS/EMPLOYERS and CAREGIVERS/NANNIES
Caregivers/Nannies are not obligated to pay any fees for use of the site.
eNannySource offers some paid plans for Caregivers/Nannies, but Caregivers/Nannies
are under no obligation to pay for any services in order to find a nanny job.
Employers are obligated to pay for the service of the Site, unless specifically
notified otherwise. Employers that sign up agree to pay eNannySource.com all charges
at the prices then in effect for any use of the Site. In addition, Care Seekers/Employers
authorize eNannySource.com to charge their chosen payment provider for use of the
Site. eNannySource.com reserves the right to correct any errors or mistakes that
it makes even if it has already requested or received payment.
eNannySource.com offers limited-time free trial subscriptions to Care Seekers/Employers.
Care Seekers/Employers who sign up for eNannySource.com on a free trial basis have
limited access to the features of the Site. The free trial member has no obligation
to pay for a membership.
The paid subscriptions of Care Seekers/Employers and Caregivers/Nannies will be
automatically extended for successive renewal periods of the same duration as the
subscription term originally selected, at the then-current non-promotional subscription
rate, unless specifically notified otherwise. To cancel your subscription, contact
eNannySource.com member care or edit your account settings. 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. In addition, no refunds will be granted for any
donations to third-party organizations that are made while enrolling or using the
Site. No refunds or credits will be provided for background checks that have been authorized. At eNannySource.com's sole discretion, refunds or credits may be granted in
extenuating circumstances or to correct any errors made by eNannySource.com. All refunds are subject to a $10.95 service charge.
12. PAYMENT AND REFUND POLICY FOR COMPANY/AGENCY CARE SEEKERS/EMPLOYERS.eNannySource.com
may provide certain types of company or agency Care Seekers/Employers ("Company
Recruiters") with the option to post jobs ("Company Job Postings") on the Site for
open employment positions. Individual Employee/Caregivers may choose to respond
to Company Job Postings by uploading a resume and applying for the posted job. Company
Job Postings must represent open positions for W-2 or 1099 employees and must contain
sufficient detail to clearly convey the nature and requirements of the job opportunity.
In exchange for posting one or more Company Job Postings, Company Recruiters agree
to pay eNannySource.com the applicable then-current fees for Company Job Postings,
which are published on the Site and/or stated in a purchase order with eNannySource.com.
No refunds or credits will be provided for Company Job Posting cancellation requests
received after the account has been billed. In addition, no refunds will be granted
for any donations to third-party organizations that are made while enrolling or
using the Site. At eNannySource.com's sole discretion, refunds or credits may be
granted in extenuating circumstances or to correct any errors made by eNannySource.com.
13. PAYMENT AND REFUND POLICY FOR INDIVIDUAL EMPLOYEE/CAREGIVERS.
The basic services of eNannySource.com are free for individual Employee/Caregivers
(though some premium services are offered for a fee).
Individual Employee/Caregivers have the option of enrolling in the Gold Nanny program.
Individual Employee/Caregivers that enroll in this program are obligated to pay
for the service of this program, unless specifically notified.
No refunds or credits will be provided to Employee/Caregivers for subscription or
program cancellation requests received after the account has been billed. In addition,
no refunds will be granted for any donations to third-party organizations that are
made while enrolling or using the Site. At eNannySource.com's sole discretion, refunds
or credits may be granted in extenuating circumstances or to correct any errors
made by eNannySource.com.
14. POLICY FOR COMPANY/AGENCY EMPLOYEE/CAREGIVERS.
Companies are not allowed to sign up for an Employee/Caregiver account under
15. THIRD PARTY VERIFICATION SERVICE.
eNannySource.com may make a third-party verification service available to
Care Seekers/Employers and Employee/Caregivers. Care Seekers/Employers and Employee/Caregivers
may use this service to verify information such as, but not limited to, name, address,
social security number, and criminal background. Use of a third-party verification
service is voluntary. If you decide to use or access information provided by a third-party
verification service offered through the Site, you do hereby represent, understand
and expressly agree that eNannySource.com is a conduit for the third-party verification
service and does not have control over or assume any responsibility for the quality,
accuracy, or reliability of the information provided by the third-party verification
service. In addition, you understand that eNannySource.com may review the information
provided by the third-party verification service and that eNannySource.com retains
the right to terminate your eNannySource.com membership based on the information.
16. FAIR CREDIT REPORTING ACT.
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice eNannySource.com,
Inc. notifies you that if you choose to participate in our third-party verification
service, it may, as part of that service, obtain a consumer report about you from
a consumer reporting agency. Consumer reports may contain information on your character,
general reputation, personal characteristics, and mode of living, including but
not limited to consumer credit, criminal history, workers' compensation, driving,
employment, military, civil, and educational data and reports. If you use or access
information provided by a third-party verification service offered through the Site,
you warrant that you will use such information only for a purpose permitted by the
FCRA and that you will comply with any and all applicable obligations of the FCRA,
which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as
well as all other applicable consumer reporting laws. If you decide to access, use,
or share information provided by a third-party verification service offered through
the Site with any other party (either through this Site or otherwise), you agree
to do so in accordance with applicable law and to indemnify and hold harmless eNannySource.com
from any loss, liability, damage, or costs that may result from such access, use,
or sharing of this information regardless of the cause. eNannySource.com does not
assume and expressly disclaims any liability that may result from the use of information
provided by a third-party verification service.
17. NO WARRANTY.
The information and materials contained in this website, including text, graphics,
information, links or other items are provided "as is", "as available". ENANNYSOURCE.COM
DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND
MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION
AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS,
IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
18. DISCLAIMER OF WARRANTY.
- No Warranties.ENANNYSOURCE.COM PROVIDES THE SERVICES ON AN "AS IS"
BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION
CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ENANNYSOURCE.COM DOES NOT WARRANT
THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE
OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
ENANNYSOURCE.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO,
THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, ENANNYSOURCE.COM MAKES NO REPRESENTATION
OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF
ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO SECURE THE SERVICES
OF A CAREGIVER, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION
SERVICE OFFERED ON OUR SITE.
- Third Party Content.Opinions, advice, statements, offers, or other
information or content made available through the Services, but not directly by
eNannySource.com, are those of their respective authors, and should not necessarily
be relied upon. Such authors are solely responsible for such content. ENANNYSOURCE.COM
DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION
PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY
OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN
ENANNYSOURCE.COM. UNDER NO CIRCUMSTANCES WILL ENANNYSOURCE.COM BE RESPONSIBLE FOR
ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
19. ASSUMPTION OF RISK.You assume all risk when using the Services,
including but not limited to all of the risks associated with any online or offline
interactions with Members of the site. You agree to take all necessary precautions
when interacting with others Members of the site.
20. LIMITATION OF LIABILITY.
- Incidental Damages and Aggregate Liability.In no event will eNannySource.com
be liable for any indirect, special, incidental, or consequential damages, losses
or expenses arising out of or relating to the use or inability to use the Site,
including without limitation damages related to any information received from the
Site, removal of content from the Site, including profile information, any email
distributed to any user or any linked web site or use thereof or inability to use
by any party, or in connection with any termination of your subscription or ability
to access the Site, failure of performance, error, omission, interruption, defect,
delay in operation or transmission, computer virus or line or system failure, even
if eNannySource.com, or representatives thereof, are advised of the possibility
of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL ENANNYSOURCE.COM'S
AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT
OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT,
OR, IF YOU HAVE NOT PAID ENANNYSOURCE.COM FOR THE USE OF ANY SERVICES, THE AMOUNT
OF US$25.00 OR ITS EQUIVALENT.
- No Liability for non-eNannySource.com Actions.TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENANNYSOURCE.COM BE LIABLE FOR ANY
DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,
AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE
IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY,
EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER
MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES
OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES
OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- In addition to the preceding paragraphs of this section and other provisions of
this Agreement, any advice that may be posted on the Site is for informational purposes
only and is not intended to replace or substitute for any professional financial,
medical, legal, or other advice. eNannySource.com makes no representations or warranties
and expressly disclaims any and all liability concerning any treatment, action by,
or effect on any person following the information offered or provided within or
through the Site. If you have specific concerns or a situation arises in which you
require professional or medical advice, you should consult with an appropriately
trained and qualified specialist.
By agreeing to the terms of this Agreement, users of the Site agree to indemnify,
defend and hold harmless eNannySource.com and its Affiliates from and against any
and all claims, losses, expenses or demands of liability, including attorneys' fees
and costs incurred by eNannySource.com and its Affiliates in connection with any
claim by a third party (including an intellectual property claim) arising out of
(i) materials and content you submit, post or transmit through the Site, or (ii)
applicable law. Users further agree that they will cooperate as reasonably required
in the defense of such claims. eNannySource.com and its Affiliates reserve the right,
at their own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by users, and users shall not, in any event,
settle any claim or matter without the written consent of eNannySource.com. Users
further agree to hold harmless eNannySource.com and its Affiliates from any claim
arising from a third party's use of information or materials of any kind that users
post to the Site.
22. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT.
If you believe any materials accessible on or from the Site infringe your copyright,
you may request removal of those materials (or access thereto) from this Site by
contacting eNannySource.com's copyright agent (identified below) and providing the
- Identification of the copyrighted work that you believe to be infringed. Please
describe the work, and where possible include a copy or the location (e.g., URL)
of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location.
Please describe the material, and provide us with its URL or any other pertinent
information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the
materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating
that "under penalty of perjury," you are the copyright owner or are authorized to
act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized
eNannySource.com's agent for copyright issues relating to this Site is as follows:
Longhorn Leads, LLC ATTN: Legal; 6701 Highway Blvd, Ste 210, Katy, TX 77494
In an effort to protect the rights of copyright owners, eNannySource.com maintains
a policy for the termination, in appropriate circumstances, of Members and other
users of this Site who are repeat infringers.
23. NOTICE OF TRADEMARK RIGHTS.
The service marks and trademarks eNannySource.com and the eNannySource.com
logo are service marks owned by eNannySource.com. Any other trademarks, service
marks, logos and/or trade names appearing on the Site are the property of their
respective owners. Users acknowledge the rights of eNannySource.com and the respective
third parties in those marks. Users may not copy or use any of these marks, logos
or trade names without the prior written permission of the owner as expressly allowed
24. U.S. EXPORT CONTROLS.
Software from this Site (the "Software") is further subject to United States
export controls. No Software may be downloaded from the Site or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any such list.
25. JURISDICTION AND CHOICE OF LAW.
If there is any dispute arising out of the Site and/or the Service, by using
the Site, you expressly agree that any such dispute shall be governed by the laws
of the State of California, without regard to its conflict of law provisions, and
you expressly agree and consent to the exclusive jurisdiction and venue of the state
and federal courts of the State of California, Los Angeles County, for the resolution
of any such dispute.
Nothing in this Agreement shall be construed as making either party the partner,
joint venture, agent, legal representative, employer, contractor or employee of
the other. Neither party shall have, or hold itself out to any third party as having,
any authority to make any statements, representations or commitments of any kind,
or to take any action, that shall be binding on the other, except as provided for
herein or authorized in writing by the party to be bound. This Agreement will be
binding on and will inure to the benefit of the legal representatives, successors
and assigns of the parties here to.
27. CONTACT INFORMATION.
If you have any questions or need further information as to the Site or Service
provided by eNannySource.com, or need to notify eNannySource.com as to any matters
relating to the Site or Service please contact eNannySource.com at: eNannySource.com 3701 Kirby Drive, Ste 1228, Houston, TX 77098