Terms and Conditions - Site User Agreement

This web page states the "Terms and Conditions" for use of the FindMyNannyOnline.com Web Site. Please read it carefully. You must accept the Terms and Conditions - Site User Agreement (Terms and Conditions) as stated to use this site. By using this web site, you accept the Terms and Conditions stated on this web page and you agree to be bound by these Terms and Conditions. FindMyNannyOnline.com (the "Company") may revise these Terms and Conditions at any time by updating this posting. The posted Terms and Conditions are binding on you so we recommend that you review them periodically. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site.

Site Use

General Rules: Users may not use the Web Site to transmit, distribute, store or destroy 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 personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are not permitted to input contact information in the open text fields of your account. Conta ct information included in these fields will be removed and may result in your account being deactivated immediately.

Web Site Security Rules: Users are prohibited from violating or attempting to violate the security of the Web Site, 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 Web Site, overloading, "flooding", "spamming", "mail bombing" 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 such possible violations and may engage law enforcement authorities in prosecuting users involved in such violations.

Material Use

The Company authorizes you to view and download the material on FindMyNannyOnline.com solely for your personal, noncommercial use.

The Web Site Material is the property of the Company or its content suppliers or clients. The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under the United States and foreign copyright, trademark and other laws. The compilation (meaning the collection and assemblage) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.

You must retain and protect all copyright, trademarks, service mark and other proprietary notices contained in the original Material that you download. You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company's copyright. You may not sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

Specific Prohibited Uses

The Web Site may be used only for lawful purposes by individuals seeking employment as a nanny and by employers seeking to hire one or more nannies. The Company specifically prohibits use of the Web Site for any of the following:

1. Posting incomplete, false or inaccurate biographical information or information which is not your own accurate resume
2. Deleting or revising any material posted by any other person or entity
3. Disclosing or sharing your password to a non-public area of this Web Site with any third parties or using your password for any unauthorized purpose
4. Using any device, software or routine to interfere or attempt to interfere with the appropriate operations of this Web Site including activities being conducted on this site
5. Taking any action which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure
6. Copying, duplicating or collecting any of the materials or information available from the Web Site
7. Attempting to decipher, decompile, disassemble or reverse engineer any of the software that is part of the Web Site
8. Notwithstanding anything to the contrary contained herein, 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 Web Site other than the search engine and search agents available from the Company on this Web Site and other generally available third party web browsers (e.g., Microsoft Explorer, Netscape Navigator)
9. Linking to or framing of any materials or information available from the Web Site

User Information

When you register to use the Web Site, you will be asked to provide the Company with specific information including, but not limited to, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth and any privacy policy on this Web Site, you understand and agree that the Company may 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, your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify; such offers may be made by the Company or by third parties accordingly. Please see the Company's Privacy Policy for further details regarding your Information.

Once a family registers and the respective credit card has been charged, no refund will be offered.

User Submitted Information

As a user, you are responsible for your own communications and you are also responsible for the consequences of your posted communications. By using this Web Site you agree not to, do the following things:

1. post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
2. post material that reveals trade secrets, unless you own them or have the permission of the owner;
3. post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
4. post material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
5. 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;
6. post advertisements or solicitations of business, chain letters or pyramid schemes; or
7. impersonate another person.

The Company acts as a passive conduit for the online distribution and publication of user-submitted information. The Company is not responsible for screening or monitoring material posted by users. If a user notifies the Company 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 actions. The Company reserves the right to expel users from further use of the Web Site for violating the Terms and Conditions or the law. The Company also has the right to remove communications which are illegal, abusive, or disruptive. In its sole discretion, the Company may take any action with respect to user-submitted information that it deems necessary or appropriate if it believes the information may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its internet service provides or other suppliers.

By submitting content to any public or non-public area of the Web Site including, but not limited to message boards, forums, contests and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevo! cable, s ublicenseable (through multiple tiers), non-exclusive right (including moral rights) and license to use this information. Use of this information includes reproducing, modifying, adapting, publishing, distributing, communicating to the public, performing and displaying any of the content worldwide and/or incorporating 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. You warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and irrevocably granted you the right to grant the license stated above. You also permit 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 Web Site retains any and all rights that may exist in such content.

Registration and Password

You are responsible for maintaining the confidentiality of your password and information. You are responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your password or registration.

Copyright Infringement Notification

If you believe that your copyrighted work has been posted, copied, or uploaded to this Web Site and it is accessible on this Web Site in a way that constitutes copyright infringement, please notify us with the following information:

• Physical or electronic signature of either the copyright owner or authorized person to act on the owner's behalf;
• Description of the copyrighted work you assert has been infringed and a description of the activity that you assert to be infringing;
• Identification of the URL or other specific location on this web site where the material or activity you assert to be infringing is located or is occurring; you must include enough information for us to locate the material or the activity;
• Your name, address, telephone number and e-mail address;
• A statement that you have a good faith belief that use on the web site of the copyrighted work that you have asserted is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
• A signed statement, 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.

FindMyNannyOnline.com expects our users, account holders and content partners to respect the intellectual property of others as we do. The unauthorized reproduction, copying, modification, public display, public performance, distribution of copyrighted works constitutes infringement of the copyright owners' rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders and/or block access to our Web Site 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

FindMyNannyOnline.com serves as a venue for prospective employers of nannies to post nanny opportunities and nanny candidates to post resumes. The Company does not screen or censor the listings offered and it is not involved in actual transactions between such prospective employers and the respective nanny candidates or any users of the Web Site. As a result, the Company has no control of the legality, quality, ability, or safety regarding the posted jobs or resumes or the truth or accuracy of the listings. Note that there are risks, including but not lim! ited to, people acting under false pretenses or possible physical harm. You are dealing with strangers, which may include underage persons, foreign nationals, and other unknown persons. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

User authentication on the Internet is difficult. FindMyNannyOnline.com is not involved in any user-to-user dealings and cannot control the behavior of participants on the Web Site. Therefore, the Company cannot and does not confirm that each user is reputable and/or who they claim to be. In the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from any and all claims, demands, and damages whether actual and consequential, direct and indirect, known and unknown, suspected and unsuspected, or disclosed and undisclosed, arising from such disputes or connections. 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."

We are under no legal obligation to control the information provided by other users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases, information may be mislabeled or deceptively labeled. We expect you and all our users to be vigilant and use common sense when using this Web Site. We also expect you to be mindful and in full compliance with the associated pertinent legal obligations and restrictions set forth when submitting a posting to the Web Site.

The Material may contain inaccuracies or typographical errors. The use of the Web Site and the Material is at your own risk. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or the Web Site. Changes may be made to the Web Site at any time.

You, as a nanny or a prospective employer (users) acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material placed by you on the Web Site.

The Company is not and shall not be considered to be an employer with respect to your use of the Web Site. The Company shall not be responsible for any employment or other decisions made by any entity posting jobs or resumes on the Web Site.

The Company is not responsible for any associated costs related to service, repair, or replacement of equipment or data that you believe is a result of the Web Site or material on the Web Site. The Company does not warrant that the Web Site will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms.

The Web Site 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

The Company, its suppliers, or any third parties mentioned on the Web Site are not liable for any damages, including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption that may result from the use or inability to use the Web Site and the Material, whether based on warranty, contract, tort, or any other legal or other legal theory, and whether or not the Company is advised of the possibility of such damages.&n bsp;

Links to Other Sites

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you. The Company does not endorse the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and it does not make any representations regarding the content or accuracy of materials on such third party web sites. If you choose to access linked third party web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Term and Conditions of use. You also agree not to make any unauthorized commercial use of the Web Site.

Limitation of Liability

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.

Termination

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies and to terminate all of the user's services and connections to findmynannyonlin.com, if you breach of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site registration.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including, but not limited to, legal and accounting fees, alleging or resulting from your use of the Material or your breach of these Terms and Conditions. The Company will notify you promptly of any such claim, suit, or proceeding and is willi! ng to as sist you, at your expense, in defending any such claim, suit or proceeding.

General

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 considered legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do this at your own risk. You are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the substantive laws of the State of Texas, without respect to its conflict of laws and principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Texas. Should any provision of these Terms and Conditions be determined 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 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 expressly provided in additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this web page.

Additional Terms of Use and Reminders

Specific areas of this Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the respective terms of use applicable to such areas.

Unacceptable actions, conditions and content on this site will constitute grounds for blocking your access to this site, removal of posted material and cancellation of your registration and or membership without refund. You agree that you have not and will not perform any of the following actions:

1. Include your last name or enter your personal contact information such as an email address, chat address or personal web page address in any photo, image or text field which does not specifically request such information;
2. Attempt to subvert the membership system or direct users to any other web site, location or directory where your contact information may be obtained;
3. Share your membership or contact information with any other person or disclose your password to or share your password with any third parties. If you lose control of your password, you may lose substantial control if not total control over your personally identifiable information and you may be subject to legally binding actions taken on your behalf;
4. Create or maintain more than one active profile at a time. Each family or nanny is allowed only one active profile in the database at any one time;
5. Upload or post any information or advertisement that may be considered as competitive to the service. Solicitation for services by any means, other than those offered or directly approved by FindMyNannyOnline.com is strictly forbidden and under no circumstances shall garnering and commercial re-use of emails be allowed;
6. Upload, post, email or otherwise transmit any content that is unlawful, discriminating, harmful, threatening, harassing, defamatory, obscene, invasive of another's privacy, or otherwise objectionable;
7. Transmit content, by any form, that you do not have a right to transmit by law or contractual or fiduciary relationships such as, proprietary, confidential, or inside information learned or disclosed as part of employment relationships or through nondisclosure agreements nor transmit any content that infringes a patent, trademark, trade secret, copyright or other proprietary rights of any party;
8. Transmit, by an form, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software;
9. Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through this site;
10. Interfere with or disrupt or make any attempt to interfere with or disrupt this site, servers, or networks connected to this site, or violate any requirements, regulations, polices or procedures of networks connected to this site;
11. Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any applicable governing body;
12. Harm minors in any way; or
13. Been convicted of any sexual or criminal offense in the past 10 years.