Description of Services; Limitations; User Responsibilities
About Our Services
Live-in-nanny.com provides an easy-to-use online platform for child care seekers to engage with child care providers and locate and maintain quality child care services. The following are a list of services offered on our Site:
Services for Child Care Seekers:
Child care seekers may post jobs describing their specific child care needs, including, but not limited to: date and time, location, duration, age specifications, and other requirements that must be met by their preferred child care provider.
By upgrading their membership, child care seekers may opt to have a third-party, Good Hire, conduct background checks on individual child care providers.
Services for Child Care Providers:
Individual child care providers and child care entities may post their profile on our Site to enable child care seekers to easily locate them.
Services for All Site Users:
We enable child care seekers and child care providers to control how much information they choose to post on the Site and to communicate with prospective parties solely through our Site until they are comfortable exchanging contact information.
Our Site is a user-friendly and safe platform for parties to communicate on an as-needed or long-term basis. Users may choose to communicate solely on our Site, or they may choose to communicate directly independent of our Site by exchanging contact information.
Live-in-nanny.com is a growing company and asks that you visit our Site periodically for information on new services.
Limitations of Our Services
Live-in-nanny.com facilitates a platform that enables child care seekers and child care providers to communicate and satisfy their child care needs. Our Site does not hire or in any way employ child care providers and will not be held liable for the misconduct of any nature of said parties.
Live-in-nanny.com does not vet user generated information from either child care seekers or child care providers. While we may require Registered Users of our Site to verify their email address, physical address and cell phone number, this information is used solely to maintain our internal User directory. Our company does not assume responsibility for the accuracy or reliability of any information provided by users of this Site. Child care seekers, child providers, and all other users of our Site should not rely on confirmation of said email addresses, physical addresses and cell phone numbers to verify the identify or other information provided by other Users. By using this Site, Users agree that they release Live-in-nanny.com and third-party affiliates from all liability for harm resulting from misconduct, inappropriate, or other such conduct by other Users.
Live-in-nanny.com is not responsible for the conduct, whether online or offline, of any child care seeker, child care provider, or other user of the Site or Services. Moreover, Live-in-nanny.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Care Seekers and Care Providers, hereby expressly agree not to hold liable Live-in-nanny.com or its officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers or any other affiliates liable for the actions or inactions of any Care Seeker, Care Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, Live-in-nanny.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 therefrom.
Live-in-nanny.com does not conduct screening of child care providers. Our Site provides Users with an online platform to communicate with other Users with similar interests and/or needs; however, our Site does not guarantee or warrant the information posted by Users of our Site. All Users of our Site are solely responsible for performing background checks, references on, and all other steps necessary to make informed decisions when selecting a child care seeker or a child care provider from our directory.
All child care seekers are responsible for complying with employment laws and other applicable laws when conducting business with child care providers whom they locate on Live-in-nanny.com, including verifying the child care provider’s age and eligibility to work in the U.S. If you are the parent of a child care provider between the ages of 14-18, you must assume the responsibilities set forth below in _.
- Eligibility to Use the Site and Services
All child care seekers and child care provider users of our Site represent and warrant that you have the right, authority, and capacity to enter into the Terms and Conditions of this Site and you by requesting to use, registering 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 agree to comply with all Terms and Conditions hereof. Additionally, you represent and warrant that you meet the following eligibility criteria:
Users of our Site must be eighteen (18) years of age or older. Individuals between the ages of fourteen (14) and seventeen (17) years of age may only join our Site with express parental permission as outlined below in Section 3.3. Individuals thirteen (13) years of age and under are prohibited from using our Site.
Services offered on this Site are limited solely to Users who are legally in the United States.
Only child care providers who are legally authorized to work within the United States may use this Site.
By registering with our Site, you warrant that neither you nor any member of your household has ever been (i) 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, or (ii) registered, or currently required to register, as a sex offender with any government entity. Moreover, you agree to immediately terminate your use of our Site if at any time after you have become a registered user, you or a member of your household falls within said categories.
You agree that you are not a competitor of Live-in-nanny.com and/or are not using our Site for reasons that are in competition with our company.
All child care contractors, coordinators, liaisons, child care facilities, and/or brokers are prohibited from using our Site.
Child care providers are responsible for complying with the child care guidelines in their state. All users agree to release Live-in-nanny.com from all liability and all consequences that result from their intentional or unintentional violation of child care laws in their respective state and any other jurisdiction in which they provide child care services.
- User Conduct and Use of Services
For the purposes of this section, “content” refers to all communications, texts, images, sounds, videos, and all the material, data, and information uploaded or transmitted through the Site or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By using this Site, you agree, represent, and warrant to abide by the following rules and regulations:
3.1. Registration, Posting, and Content Restrictions
To the best of your knowledge and belief, all content you post to this Site is accurate, complete, current, reliable, and error-free.
You will register your account in your own legal name. Only your first name and last initial will be visible to other users, as well as, the city and state in which you live. You may disclose your full name, contact information, and physical address to other users with whom you communicate at your discretion.
All content posted to this Site must be in English.
You are responsible for all content you post on this Site. You will not use this Site to post or in any way communicate content that is defamatory, false, misleading, inaccurate, abusive, threatening, intimidating, harassing, offensive, sexually suggestive, racially offensive, illegal, or otherwise inappropriate. You agree not to use this Site to violate the legal rights of other users or any other person including, but not limited to, intellectual property rights, rights to privacy, copyright infringement, misappropriation of likeness. You agree, represent, and warrant that you have the legal right and authority to post all content you post to this Site about yourself and others, including, but not limited to, parental authorization for all content pertaining to any minor who is the subject of your post.
Live-in-nanny.com assumes no liability or responsibility for the content you post on this Site. However, you agree that at our sole discretion, we may review, edit, and/or delete in part, or in its entirety, all content that you post to this Site.
Your use of this Site and the services offered by this Site must be in accordance with all applicable laws.
Live-in-nanny.com will not be held responsible for inaccurate, untimely, incomplete, or otherwise misleading content posted to this Site.
Live-in-nanny.com retains ownership of all content posted to this Site including, but not limited to, all content posted by current, former, and future users. In accordance, our Site maintains the right to use all such content, with or without notice to, consent from, or compensation to any user.
You agree to release Live-in-nanny.com from any liability, responsibility, or consequence resulting from any review and/or other information posted to the Site by other users or third-parties. Users may post content to reply to or rebut such comments by other users or third-parties permitted that all replies and rebuttal comply with the Terms and Conditions of this Site.
By using our Site, you agree that Live-in-nanny.com disclaims liability for all misstatements, misrepresentation, or otherwise misleading information posted about you or a third-party entity on our Site.
3.2. Exclusive Use
Child Care Seekers
Child care seekers may only use this Site to find child care providers for children of whom they have legal custody or guardianship in accordance with the laws of their state.
Child Care Providers
By using this Site, child care providers agree, represent and warrant that they are seeking jobs only for themselves and may not under any circumstance assign or otherwise transfer their account to any other person or entity.
3.3. Users Under Age Eighteen (18), Registered Parent Users, and Parent Monitored Accounts
Users who are fourteen (14) to seventeen (17) years of age (hereinafter “Minor Child”) MUST have parental consent to register as a child care provider and parents of Users must complete a separate consent form provided on our Site in order for the minor child to post content and accept jobs offered through our Site. Once consent is given on behalf of the minor child, parents will be granted the account login information for the minor child and may access and monitor the account at any time. By allowing their minor child to use this Site, parents agree, consent, and warrant that they will oversee their minor child’s use of the Site and are responsible for monitoring the content and activities of the minor child, including all communications with other Users and third-parties, to ensure that all said content and communication complies with the Terms and Conditions of this Site. It is the minor child’s and/or the parent’s responsibility to report inappropriate content posted to the minor child care provider’s account by other Users or third parties. Live-in-nanny.com is not responsible and will not be held liable for any unlawful, offensive, or otherwise inappropriate use of this Site by a minor child or parent.
3.4. Prohibited Uses
As a condition for your use of the Web Site and/or the Tools, you agree that you will not use the Site or the Services for any purpose that is unlawful or prohibited by the Site’s Terms and Conditions. You also agree that you will not use the Site or Services for any purpose that violates federal or state laws. The Web Site and the Tools are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use the Web Site or the Tools in any manner which could damage, disable, overburden or impair the Site or the Services, the networks connected to the Web Site or the Tools, or interfere with any other party’s use and enjoyment of the Web Site or the Tools. You may not attempt to gain unauthorized access to the Web Site or the Tools, other accounts, computer systems or networks connected to the Web Site or the Tools by any means, including without limitation, hacking or password mining. You may not obtain or attempt to obtain any materials or information, including without limitation, any financial or personal identifying information, through any means not intentionally made available through the Web Site or the Services, including without limitation, through the use of any Web scraper, spider or robot.
You agree that you will not under any circumstances use this Site, services, or any information contained herein in a manner that is abusive, threatening, obscene, defamatory, libelous or slanderous, or racially, sexually, religiously, or otherwise objectionable and offensive. Moreover, you agree that you will not use this Site to commit fraud or for any other unlawful purpose, including, but not limited to the promotion of illegal activities, any manner that is inconsistent with the Terms and Conditions contained herein, or for any other inappropriate use. This Site may not be used to harass, abuse, harm, or otherwise intimidate another user, third-party, entity, or group. Content that is false, inaccurate, or otherwise misleading is strictly prohibited from this Site. Users may not use another User’s account. If Live-in-nanny.com terminates a User’s account, the User may not re-register on the Site under another account.
- Background and Verification Checks
Child care providers registered to our Site may order background checks on themselves through XXX, a third-party company. While Live-in-nanny.com allows Users to access XXX’s Site through a link on our Site, we are not otherwise affiliated with XXX. Users who opt to have their backgrounds checks must comply with the Terms and Conditions of XXX. Live-in-nanny.com is not responsible or otherwise liable for disputes between our Site Users who opt to use XXX’s services and XXX.
Live-in-nanny.com May Order and Use Background Screenings About You
By registering for and using the Site or Services as an individual Care Provider, and subject to your authorization, you acknowledge and agree that Live-in-nanny.com may periodically, within our discretion and without notice to you, request, review and use any Background Checks you have ordered or authorized about yourself for the purposes of protecting the safety and integrity of our Site and its users, including, but not limited to, ensuring that your background complies with our Terms and Conditions of use, as well as, federal and state laws, as applicable. If your account is terminated based on information obtained from your background check, we will notify you in writing. You may request a copy of your background check from XXX directly. Live-in-nanny.com does not assume responsibility for the accuracy, completeness, or reliability of the information contained in your Background Check. You may dispute any information reported in your background check by following the instructions given by XXX. Users who do not agree with the Terms and Conditions of the background check contained herein should not use Live-in-nanny.com.
Live-in-nanny.com reserves the right to terminate your account immediately within our sole discretion and with or without notice to you. Termination of your account with Live-in-nanny.com will result in removal of any content that you have posted to the Site. Reasons for termination of your account includes, but is not limited to, violation of the Terms and Conditions of this Site, misuse of the Site content, inappropriate behavior towards other Users of the Site regardless of if such conduct occurs on or off the Site. Depending on the reason for termination, Live-in-nanny.com reserves the right to, at our sole discretion, notify other Users with whom you have communicated or who may otherwise be affected by the termination of your account.
Live-in-nanny.com uses your Personal Information to provide services consistent with our company’s mission: to connect child care seekers with child care providers. By using the Site, you agree to the collection and use of information in accordance with this policy.
6.1. Information Collection and Use
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information includes, but is not limited to your name, age, date of birth, gender, email address, physical address and phone number (“Personal Information”). Only your first name and the first initial of your last name, and the city and state of your physical address will be visible to other Users, Site visitors and other third-parties unless we get your express permission from you to provide other personally identifiable information to said parties.
Live-in-nanny.com only has access to/collect information that you voluntarily give us via this Site, by email, or other direct contact with you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than those whom you have expressly agreed may receive your information and only as necessary to provide you with the best results from using this Site.
6.2. Your Access to and Control Over Information
In order to use this Site, a user must first complete the registration form. During registration a user is required to give certain information (such as name, date of birth, email address, physical address, and other personally identifiable information). This information is required by child care seekers before they may post jobs or any other content to our Site and by child care providers before they can post their profile or any other content to our Site.
Users may close their account on this Site at any time. Content previously posted by Users will remain stored on our Site; however, said content will no longer be visible on our Site to other Users or third parties upon said termination.
6.3. External Links
This Site contains links to other Sites. Please be aware that we are not responsible for the content or privacy practices of such other Sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other Site that collects personally identifiable information.
Live-in-nanny.com take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline.
Whenever feasible, we use encryption to protect sensitive information transmitted online. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information that is otherwise visible on the Site. The computers/servers in which we store personally identifiable information are kept in a secure environment.
- Links To External Sites
At our sole discretion, Live-in-nanny.com may allow you to link to external Sites from within our Site. External links are for your convenience only, and does not in any way represent Live-in-nanny.com’s endorsement or assumption of responsibility or liability for the content on said Sites or the services offered therein. By opting to connect to external Sites from our Site, you assume all risks inherent in your use of said Sites.
- Payment, Billing, and Refund Policy
All payments to Live-in-nanny.com must be completed via PayPal.com, a third-party vendor. Live-in-nanny.com will not accept, store, or otherwise have access to Users’ financial information including, but not limited to, credit card and bank account information. By registering on our Site, Users agree to be bound by the Terms and Conditions of PayPal.com. Furthermore, Users agree to absolve Live-in-nanny.com from all responsibility and liability resulting from their use of PayPal.com’s services.
Billing and Refunds
Users will be billed a one-time subscription fee. Once your subscription starts you can’t get a refund for any payment(s) you’ve already made.
- Disclaimers; Limitations; Waivers; Indemnification
9.1. No Warranty
Users are responsible for the content they post to Live-in-nanny.com. Live-in-nanny.com will not be held responsible or liable for the accuracy, quality, completeness, misrepresented, or otherwise misleading and/or offensive content published by current or former Users or visitors to our Site. Moreover, Live-in-nanny.com does not endorse, promote, or otherwise represent as our own views and opinions any content posted to our Site by current or former Users or visitors to our Site. Content published to Live-in-nanny.com by the owners of the Site, Users of the Site, or third-parties, may not be published or distributed elsewhere with no exception.
9.2. Assumption of Risk
Users assume all risks associated with using Live-in-nanny.com and expressly agree to take all necessary precautions, including but not limited to conducting background checks on other Users with whom they interact and/or conduct business to ensure safety. Assumption of risks extends to interactions with other Site Users offline.
9.3. Limitation of Liability
Live-in-nanny.com will not be held liable for the misuse of this Site by any User or third-party including but not limited to removal of content, hacking of the Site, unauthorized distribution of email addresses or other identifying information, unauthorized links to external Sites, personal information leaks.
Live-in-nanny.com will not be held liable for insufficient or inadequate services, error, omission, failure to perform, failure to pay, or other like conduct by Users and other third-parties.
Live-in-nanny.com will not be held liable for the poor performance, error, omission, interruption, defect, delay in operation or transmission, computer virus of line or system failure that affects User’s content, ability to communicate, or other interactions on our Site. In no event will Live-in-nanny.com pay Users or third-parties for damages sustained from software or other Site malfunctions. Users may terminate subscriptions and or request a refund according to the Payment and Refund Policy in Section 8.
Third Party Actions
Live-in-nanny.com will not be held liable for the actions of any third-party, including other Users, visitors to our Site, and/or any other person unless that party’s actions is pursuant to direction he/she received directly from Live-in-nanny.com.
Users of the Site agree to defend and indemnify Live-in-nanny.com from and against any and all claims, actions, losses, expenses or demands or liability, including but not limited to reasonable attorney’s fees and cost incurred by Live-in-nanny.com in connection with any claim by a third party, including other Users of the Site, for any content the User posts on the Site or Service provided by User as a result of interacting on the Site.
- Agreement to Arbitrate
Users agree to contact Live-in-nanny.com with any concerns, claims, and or disputes with our Site or Services. If unable to reach an amicable resolution, Users agree to seek arbitration in accordance with JAMS (formerly known as the Judicial Arbitration and Mediation Services, Inc.), which can be found at www.jamsadr.com. Users may opt out of arbitration by emailing us notice of your decision to opt out within 30 days after initial registration with our Site. This arbitration clause is binding on all Users and third parties after the 30-day initial registration period has expired.
- Governing Law and Jurisdiction
Live-in-nanny.com is a Maryland company and is governed by the laws in the state of Maryland. Users and all other parties agree that any claims arising from the Terms and Conditions herein shall be governed by the laws of Maryland with the exception of the Federal Arbitration Act, which shall govern the enforcement of the Agreement to Arbitrate as listed in section 10.
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties. Furthermore, the invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions.
- Contact Information