These Terms of Use (the “Terms” or “Agreement”) contain the terms and conditions under which individuals residing in the United States may use the website and/or the the Nanny Booth Services (defined below). These Terms comprise a legal agreement between the Nanny Booth and you, the person accessing and using the website or mobile application (“you” or “User”) with respect to your use of the Services (defined below). We own, operate and maintain the Nanny Booth website at www.thenannybooth.com (“Website”). By downloading, accessing and/or using the Nanny Booth, you are deemed to have read and be bound by these Terms which shall govern your access and use of the Nanny Booth, including any content, functionality, and Services offered on or through the Nanny Booth.
Please read these Terms before using the Site or the Services. By using the Site or Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you submit an application to be a Nanny (as defined below), become a Customer (as defined below) or are otherwise a user of the Site and/or Services (“Users”).
These Terms include the Nanny Booth Privacy Policy, which is incorporated into these Terms by reference. If you object to anything in these Terms or the Privacy Policy, do not use the Site or the Services.
These Terms, including the Privacy Policy, are subject to change at any time. The Nanny Booth will notify you about significant changes in these Terms by sending a notice to the email address you provided in your application, or by placing a prominent notice on the Site, so that you can choose whether to continue using the Site and/or Services. It is solely your responsibility to periodically check the “Terms and Use” tab at www.TheNannyBooth.com for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes.
The “Services” shall mean any of the various services that the Nanny Booth provides through the Site or any other channels, including over the telephone, and including providing information to and about qualified nannies who provide care services (individually a “Nanny” or collectively, “Nannies”), and to and about individuals seeking child care from the Nanny Booth (each a “Customer”), ordering and providing results for background checks on Nannies, and all other actions taken by the Nanny Booth to connect Nannies and Customers.
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY (DEFINED BELOW), YOU MAY NOT ACCESS OR USE THE WEBSITE
1. Description of Services; Limitations; User Responsibilities
1.1 About the Services
The Nanny Booth offers various Services to help place Nannies with interested Customers. The Services may include, among others:
Vetting Nannies by obtaining background checks and requiring and reviewing additional personal information about Nannies before allowing them to apply for jobs with Customers and before creating profiles for Nannies and sending any Nanny profiles to Customers.
Collecting information from Customers to generate a job description for that Customer’s needs.
Sending relevant job descriptions to Nannies; and sending relevant Nanny profiles to Customers to allow Customers and Nannies to narrow the pool of Customers or Nannies they are interested in meeting based on their needs and preferences, while maintaining the confidentiality of the Customers’ and Nannies’ contact information until the Customer and Nanny consent to an in-person interview.
1.2 Limitations of the Services
The Nanny Booth offers a variety of Services to help Customers find, coordinate, and maintain quality care from Nannies. However, The Nanny Booth does not employ any Nannies. Customers are the potential employers of Nannies and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).
Further, the Nanny Booth does not have control over the quality, timing, or legality of the services actually delivered by Nannies, nor of the integrity, responsibility or actions of Customers or Nannies. The Nanny Booth recommends Customers and Nannies to one another based strictly on geographic location and the information available to us from Customer and Nanny applications and background checks. The Nanny Booth does not guarantee or make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Nannies or the integrity, responsibility or actions of Customers or Nannies whether in public, private or offline interactions.
Customer and Nanny content is primarily user generated, and the Nanny Booth does not control or vet user generated content for accuracy as a general matter. The Nanny Booth does not assume any responsibility for, nor does The Nanny Booth guarantee or warrant as to, the accuracy or reliability of any information provided by Nannies or Customers on or off this Site.
The Nanny Booth is not responsible for the conduct, whether online or offline, of any Customer, Nanny or other user of the Site or Services. Moreover, The Nanny Booth does not assume and expressly disclaims any liability that may result from the use of information provided on the Site. All users, including Customers and Nannies, hereby expressly agree not to hold The Nanny Booth (or the Nanny Booth’s officers, members, employees, independent contractors, subsidiaries, other affiliates, successors, assignees, or agents, hereinafter “Affiliates”) liable for the action or inaction of any Customer, Nanny or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, the Nanny Booth 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 from any Customer, the Nanny Booth or other third party.
1.3 User Responsibilities
The Nanny Booth conducts background checks and other basic vetting of Nannies. However, information obtained by the Nanny Booth about Nannies should not be taken as complete, accurate, up-to-date or conclusive of the Nanny’s suitability as an employee or care provider. Customers are responsible for their own interviewing, performing any additional background and reference checks on, and verifying information provided by Nannies, and ultimately selecting an appropriate Nanny for themselves and their family. Similarly, the information obtained by Nanny about Customers is extremely limited and should not be taken as complete, accurate, up-to-date or conclusive; and it is the sole responsibility of each Nanny to determine and verify additional information and make an informed decision about Customers for which it will provide service.
Each Customer is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Nanny they select as well as that Nanny’s eligibility to work in the United States.
2. Eligibility to Use the Site and Services; Representations and Warranties
2.1 Eligibility
To be eligible to use the Services, you represent and warrant as follows:
That you are eighteen (18) years of age or older.
You must not be using the Services for reasons that are in competition with the Nanny Booth.
If you are applying as a Nanny, you hereby affirm and understand that you will be selected (if at all), screened, interviewed, selected (or not), hired, and terminated (potentially), by the Service Seeker and that We do not have any involvement with any aspects of this relationship between the Service Provider and Service Seeker; and
If you are applying as a Nanny, you have never been the subject of a complaint, restraining order or any other legal action or criminal offense involving violence, abuse, neglect, fraud, or any other offense that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction
2.2 Representations and Warranties
By applying to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms 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 (i) 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, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
3. Rules for Use of Services
3.1 Content and Use of Services
You agree that the content of information and materials posted on the Nanny Booth by you is accurate, current and complete. In addition, you represent and warrant as follows
Your use of the Services must be in accordance with any and all applicable laws and regulations.
The Nanny Booth is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
The Nanny Booth does not: (i) guarantee the accuracy, completeness, or usefulness of any information obtained by a third party through or in connection with the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Services. Under no circumstances will the Nanny Booth or its Affiliates be responsible for any loss or damage resulting from your reliance on information or other content transmitted to or by any user of the Site or Services.
To the maximum extent permitted by law, the Nanny Booth disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site or Services. Users do hereby represent, understand and agree to hold the Nanny Booth harmless for any misstatements and/or misrepresentations made by or on behalf of them in any venue.
3.2 Exclusive Use
If you are a Customer, you may use the Nanny Booth only to find care for your children, grandchildren or individuals for whom you are otherwise the legal guardian. If you are a Nanny, you may use the Nanny Booth only to find jobs for yourself. You are responsible for all activity on and use of the Site and the Services, and you may not assign or otherwise transfer your profile, or other use of the Site or Services to any other person or entity.
3.3 Prohibited Uses
By using the MyNanny Site or Services, you agree that you will not under any circumstances:
use the Site or Services for any unlawful purpose, for any purpose not expressly intended by the Nanny Booth or for the promotion of illegal activities;
harass, abuse or harm (or attempt to harass, abuse or harm) another person;
claim to be another Nanny user, or use the Site or Services on behalf of another user;
provide false or inaccurate information when submitting an application to the Nanny Booth, using the Services, or communicating with other Users;
attempt to re-apply with the Nanny Booth if the Nanny Booth has terminated you from the Site and/or Services for any or no reason;
interfere or attempt to interfere with the proper functioning of the Nanny Booth’s Site or Services;
use contacts made by or through the Nanny Booth for any commercial solicitation purposes;
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Nanny Booth, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Site for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except to store files automatically cached by your web browser for display or print a reasonable number of pages of the Site for a permitted use.
4. Payment And Refund Policy
In order to utilize the the Nanny Booth Services, the user of such Services or product offerings must pay the Nanny Booth a fee which describes the service and in accordance with the provisions below. In addition, the Customer is responsible for any state or local sales taxes associated with the Services purchased.
4.1 Billing and Payment
Certain aspects of the Services may be subject to payments (“Fees”) now or in the future (the “paid services”). Please note that any payment terms presented to you in the process of using or signing up for a paid service are deemed part of these Terms of Use. In addition, you are responsible for any state or local sales taxes associated with the Services purchased.
If Nanny, through the payment processor, does not receive payment from you, you agree to pay all amounts due to the Nanny Booth on demand. the Nanny Booth’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to the Nanny Booth’s third party payment service provider at the election of your credit card issuer. the Nanny Booth is not responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
If the amount to be charged to your payment method varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and the Nanny Booth shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges.
4.2 Billing and Payment
Your non-termination or continued use of a paid service reaffirms that we are authorized to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid service.
Refund Policy
5. Background and Verification Checks
5.1 Background Checks For Nannies
the Nanny Booth’s procures certain background check services for Nannies from consumer reporting agencies in the Nanny Booth’s discretion (collectively “Background Checks”). Customers and Nannies may always obtain additional background checks on Nannies or on themselves (with consent and in accordance with applicable law) in Customers sole discretion. the Nanny Booth is not responsible for and shall not maintain records of any background checks obtained by a Nanny or Customer.
Background Checks are regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from the Background Checks are considered “consumer reports” under the FCRA. Consumer reports may contain information on a person’s 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.
the Nanny Booth will receive a copy of each Background Check ordered or authorized through the Nanny Booth. If a Background Check does not pass, you will be emailed a copy of the results. You are responsible for making sure that the email addresses you provide to the Nanny Booth is correct, knowing that sensitive information will be sent to it.
If a Background Check comes back passing or with information that does not result in the Nanny Booth’s suspending or terminating a Nanny from using the Site and Services, the Background Check report will be forwarded to any Customer who requests it in accordance with your authorization at the time you applied to the Nanny Booth. The results of any Background Check that results in the Nanny Booth suspending or terminating you from use of the Site or Services will not be shared with other Users.
If a Customer orders background check pursuant to a Nanny’s written authorization, the consumer reporting agency that performed the check will provide the results directly to the Customer who ordered it, regardless of its contents, based on the Nanny’s authorization that the Customer obtains the check.
5.2 Special Responsibilities of Customers under FCRA
Customers may request and receive a copy of a Background Check on a Nanny via written authorization and agreement outside of these Terms, subject to the the Nanny Booth’s explicit instructions about who may have access to such a report.
If you receive a copy of a background report, you warrant that you will use such information only for a purpose permitted by FCRA, such as an employment purpose, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws.
Your responsibilities in using the information contained in the background check can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party consumer reporting agencies the Nanny Booth uses.
If there is negative data in a background check you receive, and you choose to take “adverse action” (i.e. choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm.These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
5.3 the Nanny Booth May Order and Use Background Checks About You
By using the Site or Services as a Customer or Nanny, you hereby acknowledge and agree that the Nanny Booth has the right, but not the obligation, to use a third party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of the Site and its Users (“Additional Background Checks”). the Nanny Booth may order these checks when you apply to Nanny and thereafter in connection with your continued use of the Services and/or interaction with the Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).
These Additional Background Checks are also regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. 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.
You understand and agree that the Nanny Booth may review the information provided by the third party consumer reporting agency and that the Nanny Booth retains the right to terminate your Nanny application and use of the Site and Services based on the information it receives from these checks, even if such information was subsequently dismissed. If the Nanny Booth terminates your membership or access to the Site on the basis of information in a background report, it will notify you and provide you the name and contact information of the consumer reporting agency that created the report. the Nanny Booth will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that the Nanny Booth does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not the Nanny Booth) within the time period specified in your notice.
BY AGREEING TO THESE TERMS AND USING THE SITE, YOU AGREE TO ALLOW THE NANNY BOOTH TO PERFORM THESE ADDITIONAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE THE NANNY BOOTH SITE OR SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
5.4 You also hereby represent, understand and expressly agree that the Nanny Booth does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. the Nanny Booth does not typically communicate the results of a Verification Check to any third party, though the Nanny Booth reserves the right to do so for law enforcement or other safety-related purposes in its sole discretion.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW THE NANNY BOOTH TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE NANNY BOOTH. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
5.5 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless the Nanny Booth from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. the Nanny Booth does not assume and expressly disclaims, and you hereby agree to release the Nanny Booth from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that the Nanny Booth has no obligation to perform Additional Background Checks or Verification Checks on any Users. To the extent MyNanny performs such checks on certain Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those Users have provided or of their eligibility to use the Services.
6. Termination
Should the Nanny Booth determine that you are not eligible to use the Services, have violated any terms stated herein or are not suitable for participation as a User, or have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third party site, the Nanny Booth reserves the right, at its sole discretion, to immediately terminate your access to all or part of the the Nanny Booth Site, to remove your profile from the Site, and/or to terminate your application to the Nanny Booth, and your use of the Site and Services, with or without notice.
In any event, the Nanny Booth also reserves the right, in its sole discretion, to terminate your access to all or part of the the Nanny Booth Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your application to the Nanny Booth, for any reason or no reason, with or without notice. If the Nanny Booth terminates your use of the Site and Services, the Nanny Booth will have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual’s use of the Site or the Services, the Nanny Booth reserves the right to send a notice thereof to other Users with whom the individual may have corresponded.
the Nanny Booth’s decision to terminate an individual’s application and/or to notify other Users with whom it believes the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
7. Privacy
the Nanny Booth will only use the information you provide on your application or via other channels in accordance with the Privacy Policy. For more information, see the Privacy Policy, the terms of which are incorporated herein.
8. Links To External Sites
Links from the Site to external sites or inclusion on the Site of advertisements do not constitute an endorsement by the Nanny Booth 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 only.
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. The Nanny Booth does not control such sites, and is not responsible for their content. Just because the Nanny Booth has hyperlinks to such sites does not mean that MyNanny endorses any of the material on such sites, or has any association with the operators of those sites.
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 the Nanny Booth’s Terms of Use and Privacy Policy. the Nanny Booth expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold the Nanny Booth harmless from any liability that may result from the use of links that may appear on the Site.
9. Release of Liability for Conduct and Disputes
The Nanny Booth is not an employer of Nannies. Customers may seek the services of a Nanny through the use of the Site or Services, and Nannies may post profiles and submit proposals to Customers regarding their services. However, if a Customer agrees on the provision of services from an individual, the Customer identifies through any of those Services, such agreement is solely between the Customer and the Nanny; the Nanny Booth is not a party to any such agreement. Any issues concerning the conduct of a Customer or Nanny including, without limitation, the services received by the Customer or payment due to the Nanny, must be resolved directly by the Customer and the Nanny. The Nanny Booth 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 or the Services, you do hereby represent, understand, and expressly agree to hold the Nanny Booth harmless for any claim or controversy that may arise from any disputes between you and any Customer, Nanny or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Customers, Nannies or other Users, particularly if you decide to meet offline. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any Users therein to Nanny immediately by notifying the Nanny Booth of the same via e-mail to info@thenannybooth.com
10. Age Restrictions
The Nanny Booth is intended for people 18 or over. Customers and Nannies should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. The Nanny Booth will not knowingly collect any information from individuals under 13. You must identify your age during the application process, and the Nanny Booth does not assume any responsibility for any misrepresentations regarding your age when using this Site. Should the Nanny Booth determine that you do not meet the age requirements for using the Site or Services, your application and use of the Site and Services will be terminated immediately.
11. Disclaimer of Warranties
You understand that the Nanny Booth cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. THE NANNY BOOTH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE NANNY BOOTH NOR ANY PERSON ASSOCIATED WITH THE NANNY BOOTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE NANNY BOOTH NOR ANYONE ASSOCIATED WITH THE NANNY BOOTH REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE THE NANNY BOOTH SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE NANNY BOOTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In addition to the preceding paragraphs of this section and other provisions of these Terms, 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. You understand that opinions, advice, statements, offers, or other information or content of Users, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Nanny Booth 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.
12. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with other Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site visitors or Users.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE NANNY BOOTH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, “THE NANNY BOOTH PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE APPLIED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
UNDER NO CIRCUMSTANCES WILL THE NANNY BOOTH’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SERVICES.
THE NANNY BOOTH EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE. IN NO EVENT SHALL THE NANNY BOOTH OR ANY THE NANNY BOOTH PARTIES BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO ANY SUCH TREATMENT, ACTION BY OR EFFECT ON ANY PERSON.
14. Indemnification
By agreeing to these Terms, Users of the Site and Services You agree to indemnify, defend and hold the Nanny Booth Parties harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your violation of these Terms or your use of or conduct respecting the Services and the Nanny Booth or your content.
15. Dispute Resolution
As a condition of using the Service, the Service Provider agrees to the following terms and conditions of this Section 15:
- “Covered Dispute” means any claim, cause of action, controversy, or other dispute between the Service Provider and Us and/or Service Provider and the Service Seeker that otherwise could be resolved by a court and that arises out of or relates to (i) the engagement of the Service Provider by the Service Seeker; (ii) Service Provider’s use of the Services; (iii) the services that the Service Provider performs for the Service Seeker; or (iv) amounts paid to the Service Provider related to services performed for a Service Seeker, excluding only Non-Covered Disputes. A “Covered Dispute” is covered by this Section 15, regardless of whether it has already accrued or will accrue in the future.
- “Non-Covered Disputes” are limited to (i) workers’ compensation, unemployment insurance benefits, or any other claims that, as a matter of law, we or the Service Seeker cannot agree to arbitrate, and (ii) any dispute where either party to the dispute is seeking injunctive or equitable relief for claims alleging unfair competition, unauthorized use or dissemination of Confidential Information, or the violation or threatened violation of any restrictive covenant to which any party is bound.
- “Us”, for purposes of this Section 15, refers to the Nanny Booth and any of its affiliates, partners, employees, owners, directors.
- Arbitration. Service Provider hereby agrees that any Covered Dispute that Service Provider has with Us or the Service Seeker will be submitted to binding arbitration to be administered by the American Arbitration Association (“AAA”) in accordance with its Employment Arbitration Rules and Mediation Procedure (or similar rules then in effect) (the “Rules”) applicable at the time the arbitration is commenced. The arbitrator will be selected as provided in the Rules. The arbitrator shall have the authority to set deadlines for completion of discovery and shall decide all discovery disputes. The Rules may be amended from time to time and are available online at www.adr.org. Anyone can also call the AAA with any questions about the arbitration process. The arbitrator shall issue a reasoned decision. The arbitrator’s decision shall be final and binding upon the Company, Worker, and any other parties to the arbitration. To the extent there is a conflict between the terms of this FAIR Program and the Rules, the terms of this FAIR Program will govern, unless application of such terms would cause the AAA to decline to provide its services, in which case the Rules will govern (but in no circumstance will an arbitrator have the authority to hear or decide any Covered Dispute on a class, collective, or other group or representative basis). Such arbitration shall take place in County of Bergen, State of New Jersey. Service Seeker consents to the jurisdiction of these courts for these purposes and waives any and all defenses to such jurisdiction (including, but not limited to, defenses related to personal jurisdiction or convenience of the forum). The arbitrator must apply the substantive law, including the applicable burdens of proof and persuasion that would be applied by a court hearing the Covered Dispute in the venue where the alleged violation occurred. The arbitrator may grant any relief that could be granted by a court hearing the Covered Dispute, but will not have any authority to grant any other relief or otherwise limit or expand any substantive rights that would otherwise be available. Arbitration proceedings under this Section 15 shall comply with and be governed by the provisions of the Federal Arbitration Act and not by any state law concerning arbitration.
- Compelling Arbitration/Enforcing Award. Either Party may ask a court to stay any court proceeding, to compel arbitration under this Section 15, and to confirm, vacate, or enforce an arbitration award. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Cost of Arbitration. The parties will be responsible for the arbitrator’s fees and expenses, with each party paying 50% of the arbitrator’s fees and expenses. Each Party shall pay its own costs and attorneys’ fees, if any. However, if any party to an arbitration proceeding prevails on a statutory claim that affords the prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator may award reasonable attorneys’ fees and costs in accordance with the applicable statute or written agreement. The arbitrator shall resolve any dispute as to the reasonableness of any fee or cost that may be awarded under this paragraph.
- No Group/Class/Collective Claims or Consolidation of Claims. Notwithstanding anything to the contrary, Service Provider, on behalf of itself and any successors or parties in interest, expressly intends and agrees that: (i) class action, collective action, and representative action procedures shall not be asserted, nor will they apply, in any arbitration pursuant to this Section 15 against Us or any Service Seeker; (ii) Service Provider will not assert any claim on a class, collective, or other representative basis against Us or any Service Seeker; and (iii) Service Provider shall only submit its own individual claims in arbitration and will not seek to represent the interests of any other person or entity. Further, Service Provider expressly intends and agrees that any claims not be joined, consolidated, or heard together with claims of any other person or entity. Notwithstanding anything to the contrary in the AAA’s Rules, the arbitrator shall have no jurisdiction or authority to compel any class or collective claim, to consolidate different arbitration proceedings or to join any other party to an arbitration between Service Provider and Us and/or any Service Seeker. The validity and effect of this Section 15 shall be determined exclusively by a court and not by an arbitrator. Service Provider understands and fully agrees that by signing this Terms of Service, they are giving up their constitutional right to have a trial by jury, and they are also giving up their normal rights of appeal following the rendering of the arbitrator’s award except as applicable law provides for judicial review of arbitration proceedings.
- The provisions of this Section 15 shall survive the termination of the Terms of Service and the termination of the Service Provider’s employment with the Service Seeker, whichever occurs first.
16. Governing Law and Jurisdiction
Governing Law. All matters relating to the Nanny Booth, the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
17. Limitation on Bringing Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR ANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Waiver and Severability
No waiver by the Nanny Booth of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Nanny Booth to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. Entire Agreement
These Terms and the Privacy Policy constitute the sole and entire agreement between you and us regarding the Nanny Booth and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Nanny Booth and the Services.
20. Contact Information
If you have any questions or need further information as to the Site or Services provided by the Nanny Booth, or need to notify the Nanny Booth as to any matters relating to the Site or Services please contact the Nanny Booth at: info@thenannybooth.com