Last Updated June 4, 2017
This is a legal agreement (“Agreement”) between you and cNanny, Inc., a Delaware corporation, which may be contacted at info@cNanny.com. By accessing the cNanny U.S. web site, currently located at cNanny (the “Site”), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR SERVICES. cNanny may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. cNanny also reserves the right to cease offering any of these services.
· Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
· This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”) no later than 5 days after the date you accept these Terms for the first time. Unless you opt out: (1) you will only be permitted to pursue claims against cNanny on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
· This Agreement is subject to change by cNanny in its sole discretion at any time, and any such changes will be effective immediately after they are posted on the Site and notice is sent to you via the cNanny email system or by such other forms of notice as determined by cNanny. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.cNanny.com and any other websites, web pages, mobile applications and mobile websites operated by cNanny (“cNanny” or “we”) in the United States and the “Services” shall mean any of the various services that cNanny provides through the Site or any other channels, including without limitation, over the telephone.
However, the terms “Site” and “Services” do not include or involve the following:
· Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by cNanny which have separate terms of service that do not expressly incorporate these Terms by reference. The sites and services offered by cNanny via such channels are subject to separate terms to which a user of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant mobile applications.
1. Description of Services; Limitations; User Responsibilities
1. About Our Services
cNanny offers various services to help its users find, coordinate, and hire quality nannies. The services we offer include, among others:
§ We enable individuals seeking nanny services (each “cNanny Parents”) to search for nannies, and we enable nannies to post profiles on the Site and apply to jobs.
§ We provide search functionality on the Site to allow cNanny Parents to narrow the pool of cNanny candidates they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows cNanny Parents and nannies to communicate without sharing contact information.
§ We provide tools and information to help cNanny Parents and nannies make more informed decisions, such as our verification dashboards on nanny profiles, which enable cNanny Parents to check the status of nanny’s various verifications
§ For certain cNanny Parents who enroll in cNanny through their employer’s benefits program and for certain other cNanny Parents who would like additional assistance in narrowing down the list of nannies to choose from based on their respective needs and preferences as communicated to us, we offer an Assisted Search Service which can be accessed by contacting us via our Contact Us page on the site.
§ The Site enables Registered Users to communicate and share information with other Registered Users who share a common interest or bond.
§ We offer, as part of the functionality contained in one or more of our mobile applications, the ability for cNanny Parents and nannies to exchange information and conduct interviews via live video streams.
Our services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer a variety of Services to help our users find, coordinate, and maintain nannies for their families. However, we do not employ any nannies. Except as set forth below, cNanny Parents 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, social security, tax and minimum wage laws). Further, we do not have control over the quality, timing, or legality of the services actually delivered by nannies, or of the integrity, responsibility or actions of cNanny Parents or nannies and we neither refer or recommend cNanny Parents or nannies nor make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by nannies or the integrity, responsibility or actions of cNanny Parents or nannies.
You understand and agree that cNanny (i) does not employ, recommend, or endorse any Users and has no control over the acts or omissions of any Users; (ii) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (iii) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users.
Through the Assisted Search Services, we may provide families with a customized list of potential nannies, to consider based on the information the family provides us regarding their needs and preferences. In providing these services, neither we nor our respective employees are making a referral to, or endorsing, any nanny, providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.
cNanny Parents and Nanny content is primarily user generated, and we do not control or vet user generated content for accuracy. However, we do vet all nanny candidates with a background check from a nationally certified and recognized provider as well as obtain their driving record histories from the appropriate state where their license was issued. Furthermore, cNanny obtains copies of nanny candidates’ CPR & First Aid certifications. Beyond these screening steps, cNanny does not assume any responsibility for the accuracy, appropriateness, completeness, or reliability of any information provided by nannies or cNanny Parents on or off this Site. We do not guarantee, nor do we represent or warrant as to, the accuracy of such information, including the accuracy of the psychometric and knowledge assessment results. You are advised to exercise caution and perform your own screening before connecting with anyone through the Service, meeting anyone, engaging Users or accepting job placements/employment offers extended via the Service
cNanny is not responsible for the conduct, whether online or offline, of any cNanny Parents, Nanny or other user of the Site or Services. Moreover, cNanny does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both cNanny Parents and nannies, hereby expressly agree not to hold cNanny (or cNanny’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in cNanny through their employer’s benefits program, hereinafter “Affiliates”) liable for the actions or inactions of any cNanny Parents, 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. cNanny expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom, and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline.
1.3. User Responsibilities
Any screening of a cNanny Parents or Nanny and his, her or its information by cNanny is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or Nanny. Registered Users are solely responsible for interviewing, performing additional background and reference checks on, verifying information provided by, and selecting an appropriate cNanny Parents or Nanny for themselves. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
Each cNanny Parent is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish. While cNanny does verify the age and work eligibility of all cNanny candidates featured on its platform as a part of its background check process, it is incumbent upon parents to further verify the correctness of this information. Eligibility to Use the Site and Services; Representations and Warranties
To be eligible to use our Services, you must meet the following criteria:
§ Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
§ The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States.
§ If you are registering to be a Nanny, you must be permitted to legally work within the United States.
§ Neither you nor any member of your household may have 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, (ii) registered, or currently required to register, as a sex offender with any government entity or (iii) are currently out on bail or on such own person’s recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses. cNanny reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subscription. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
§ You must not be a competitor of cNanny or using our Services for reasons that are in competition with cNanny.
2.2. Representations and Warranties
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 commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the eligibility criteria set forth in section 2.1 above.
2. Rules for User Conduct and Use of Services
3.1. Geographic Limitations
The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations.
3.2. Registration, Posting, and Content Restrictions
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, 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 transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
§ You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services. You represent and warrant that any User Content: (i) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service.
§ You will register your account in your own legal name, even if you are seeking a nanny for another individual or family member.
§ Unless otherwise permitted by cNanny, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
§ You are solely responsible for any Content that you post on the Site, and interactions with other Registered Users through the Services. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from cNanny where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to cNanny or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
§ Any personal information you receive from another User may only be used for the specific purpose it was provided to you in connection with the Site and Serivces. Nannies may not contact Parents and Parents may not contact Nannies, for any purpose other than asking a question, providing information, or making arrangements related to an interview and placement/employment offer extended on the Site.
§ You understand and agree that cNanny may, in its sole discretion but under no obligation, monitor, review and delete any Content, in each case in whole or in part, that in the sole judgment of cNanny (i) violates any applicable law, or either the letter or spirit of these Terms, (ii) which cNanny determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others, or (iii) is determined to be inappropriate for any reason at the sole discretion on cNanny.
§ You have the right, and hereby grant, to cNanny, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by cNanny will not infringe or violate the rights of any third party.
§ You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in your Profile or in any other communications you may have with other users prior to securing a nanny placement.
§ Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
§ cNanny is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
§ We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of cNanny and we may use all such communications, all without notice to, consent from, or compensation to you.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by cNanny, are those of their respective authors. Such authors are solely responsible for such content. cNanny does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will cNanny or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
You agree that cNanny has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
To the maximum extent permitted by law, cNanny disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users hereby represent, understand and agree to hold cNanny harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.
3.2. Exclusive Use
If you are a cNanny Parent, you may use your account only to find a nanny for yourself and your children. If you are a Nanny, you may use your account only to register your details as a nanny candidate and respond to potential job opportunities which have been initiated by parents contacting you. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that cNanny is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify cNanny of any unauthorized use of accounts or any other breach of security.
3.3. Circumvention of Site and Services
You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent cNanny’s messaging tools or employment offer platform, including for the purpose of avoiding the obligation to pay fees related to cNanny’s provision of the Services. If circumvention is suspected, all necessary and appropriate legal action will be taken against you to recoup financial losses, attorney’s fees and any financial compensation for any other damage cNanny may have endured do your misuse of the Ste and Services.
3.4. No Nannies under the age of 18 will be permitted
3.5. Prohibited Uses
By using the Site or Services of cNanny, you agree that you will not under any circumstances:
§ use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
§ use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by cNanny or for the promotion of illegal activities;
§ use scripts, bots or other automated technology to access the Site or Services;
§ use account for or in connection with spamming, spimming, phishing, trolling, or similar activities;
§ attempt to, or harass, abuse or harm another person or group;
§ post content which contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
§ post content which contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
§ post content which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
§ attempt to register or apply to have your candidacy profiled on the cNanny Site if you have previously been disqualified or not accepted for any reason, including but not limited to not having passed the psychometric and knowledge assessment or any later phase of the cNanny vetting process;
§ use another user’s cNanny account;
§ provide false or inaccurate information when registering an account on cNanny, using the Services or communicating with other Registered Users;
§ disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
§ attempt to re-register with cNanny if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
§ interfere or attempt to interfere with the proper functioning of cNanny’s Services;
§ make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
§ bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
§ use the communication systems provided by or contacts made on cNanny for any commercial solicitation purposes. You may not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users;
§ publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
§ violate or attempt to violate any security features of the Site or Services, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network; (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (v) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a form any of the source code used by cNanny in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of phone numbers a cNanny Parents may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion. cNanny reserves all of its the rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to cNanny in its sole discretion.
The Service is for the use of individuals only and may not be used in connection with any commercial endeavors (other than the direct employment of nannies). The Service may not be used by any person or organization to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with cNanny. You agree not to use User Content in order to contact, advertise, solicit, or sell to others.
Should cNanny find that you violated the terms of this Section or any terms stated herein, cNanny reserves the right, at its sole discretion, to immediately suspend and/or terminate your use of the Site and Services with or without notice at our sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service. By continuing to using the Site and/or Services after suspension or termination, you agree that cNanny may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Nanny or cNanny Parents information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights cNanny may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, cNanny reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
3. Background and Verification Checks
4.1 cNanny provides Background Checks for all nannies
cNanny offers to individuals who have registered as nannies and cNanny Parents the following background check services from third-party consumer reporting agencies: Criminal checks, MVR checks, and Criminal + MVR checks (collectively “Background Checks”).
Each of these Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under 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.
cNanny will receive a copy of each Background Check. See Section 4.4 below for information regarding cNanny’s use of these Background Checks.
The results of any Criminal, MVR, or Criminal + MVR Background Check of nanny applicants that returns any criminal or motor vehicle history will not be shared with other users. Applicants with such results will be prohibited from having their profiles featured on the Site and banned from further applying to cNanny
All nannies registering their profiles on the site consent to having background checks, inclusive of criminal and MVR checks, performed as a condition to have their profile featured on the site. Failure to provide the appropriate cNanny team members with the necessary information, such as date of birth and social security number, will result in termination of the nanny’s user account on the site and inability to have their profile featured on the platform.
4.2. Special Responsibilities of Users of Background Check under FCRA
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 FCRA as well as all other applicable consumer reporting laws.
Your responsibilities in using the information contained the background check can be found at http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party consumer reporting agencies we use.
4.3 cNanny will Review and Use Background Checks
By registering for and using the Site or Services as an individual Nanny, you acknowledge and agree that cNanny may review and use any Background Checks authorized about yourself for the legitimate business purpose of protecting the safety and integrity of our Site and its users and reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.
4.4 cNanny May Order and Use Background Checks About You
By registering for and using the Site or Services as a cNanny Parents or Nanny, you hereby acknowledge and agree that cNanny 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 our Site and its users (“Internal Background Checks”). cNanny will order these checks when you register with cNanny and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.). cNanny may also perform identity verification checks on Users by using available public records, including information available on onlinesocial networks and other online sources, each to the extent permitted by the law.
These Internal Background Checks are also regulated by FCRA, and the background reports resulting from these services are considered “consumer reports” under 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 cNanny may review the information provided by third-party consumer reporting agencies and that cNanny retains the right to terminate your cNanny registration based on the information it receives from these checks, even if such information was subsequently dismissed. If cNanny terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We 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 cNanny 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 cNanny) within the time period specified in your notice.
BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW CNANNY TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CNANNY. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
4.5. cNanny May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a Nanny or cNanny Parents, you authorize cNanny, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, cNanny reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that cNanny may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for cNanny.
You also hereby represent, understand and expressly agree that cNanny does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW CNANNY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CNANNY. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
4.6 Important Limitations About Background Checks; 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 completed by a third party consumer reporting agency (not cNanny), 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, and that the checks are not always accurate or a complete compilation of a person’s criminal history. For example, many states prohibit our vendors from reporting records that are more than seven years old. In some states, such as California, Kentucky, New Mexico, and New York, our vendors are prohibited from reporting most arrest or other non-conviction information, regardless of its age, so only criminal convictions are typically reported. And because of how courts in some states, such as Massachusetts, New Hampshire, and New Jersey (and in certain counties in Illinois and Michigan) maintain records, our Criminal and Criminal + MVR Background Check vendor does not search the records pertaining to every courthouse in a particular county. In states where all courthouses are not searched, typically only certain felonies (plus certain gross misdemeanors in the case of New Jersey), are revealed. This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through cNanny; additional limitations may apply in certain jurisdictions, including on the federal level. For example, Federal law prohibits our vendors from reporting non-conviction information that is more than seven years old. Notably, there are significant gaps in the coverage provided by the preliminary check. For example, for many states only certain registered sex offender information is reported, and for most states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
In addition to legal and reporting system limitations of background checks, each check is performed with the consent of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
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 release, indemnify and hold harmless cNanny from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy, incompleteness, and/or lack of timeliness of any such information.
cNanny hereby expressly disclaims, and you hereby expressly release cNanny from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the Consumer Reports.
4. Social Media
5. Termination of Registration
Should cNanny determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site, cNanny reserves the right, at its sole discretion, to immediately terminate your access to all or part of the cNanny Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in cNanny, with or without notice. Upon termination, cNanny shall be under no obligation to provide you with a copy of any content posted by or about you on the Site.
In any event, cNanny also reserves the right, in its sole discretion, to terminate your access to all or part of the cNanny Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in cNanny, for any reason or no reason, with or without notice, and with or without refund. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination or to refund any fee.
Following any termination of any individual’s use of the Site or the Services, cNanny reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
If your account has been terminated by cNanny, you may not re-register without cNanny’s consent (and if you are permitted to re-register, your previous information and activity, including payments, may no longer be available).
7. Links To External Sites
Links from the Site to external sites (including external sites that are framed by cNanny) or inclusion of advertisements do not constitute an endorsement by cNanny of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. cNanny does not control such sites, and is not responsible for their content. Just because cNanny has hyperlinks to such sites does not mean that cNanny endorses any of the material on such sites, or has any association with their operators.
8. Payment And Refund Policy
In order to utilize some cNanny Services or product offerings, the user of such Services or product offerings must pay cNanny either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales and employment taxes associated with the Services or product offerings purchased.
cNanny may use third-party payment processing services to process credit card payments and information in connection with the payment of subscription fees, placement fees and other amounts payable in connection with the Service. cNanny expressly disclaims, and you expressly release cNanny from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to cNanny’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties.
9.1 Billing and Payment
To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize cNanny to charge your chosen payment provider for the Services and/or products you purchase. You agree that if cNanny already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase. cNanny reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You also agree to cNanny storing your payment card information. Users are responsible for maintaining current and accurate payment card information associated with their accounts. cNanny may terminate a User’s subscription and/or account if the User’s payment card information is expired or is otherwise invalid.
9.2 Automatic Subscription Renewal and Cancellation
CNANNY PAID PLATFORM MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER OR UNTIL THE USER HAS SECURED A NANNY PLACEMENT FROM THE PLATFORM. PLATFORM SUBSCRIPTION PLANS WILL AUTOMATICALLY TERMINATE UPON SUCCESSFUL PLACEMENT AND CHARGE OF THE PLACEMENT FEE TO YOUR CREDIT CARD. CNANNY PAID MOBILE APPLICATION MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
You may cancel your paid membership subscription by pressing the Cancel icon on the user dashboard and following the instructions or contacting cNanny’s customer service department at info@cNanny. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
9.3 Free Trial Offers
cNanny may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a cNanny Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, after the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. To avoid such charges, Users with free trial Subscriptions must cancel the Subscription before the end of the free trial.
9.4 Promotional Offers
9.5 Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if (i) you have not used your subscription during the current subscription renewal period and (ii) you request a refund of the subscription fee within five (3) days of being charged the subscription fee for the Service. CNanny reserves the right to immediately downgrade or cancel your membership after payment of your refund. cNanny does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account. You may cancel your subscription to any Service at any time during the term of such subscription by clicking on the “Cancel Subscription” button on the user dashboard and providing the information requested.
9.6 cNanny Parent-Nanny Employment Offer / Placement Agreement Payments to cNanny
cNanny Parents will compensate cNanny for placement fees in accordance with the cNanny fee schedule provided on the cNanny Site. If an agreement between a cNanny Parent and Nanny is completed independent of cNanny but within 90 days of first interaction through the cNanny Site, the cNanny Parent will be required to compensate cNanny for the agreement fees in accordance with the fee schedule. cNanny reserves the right to seek full compensation of any loss and/or damages incurred as a result of fraudulent behavior and circumvention of payment of the placement fee by cNanny users who initiated contact on the platform and completed related transactions outside of it.
9. Supplementary Support Services
10. Release of Liability for Conduct and Disputes
We are not an employer of nannies. cNanny Parents may seek the services of a Nanny through the use of the Site or Services, and nannies may post profiles and submit proposals to cNanny Parents regarding their services.
In some instances, such as through the Assisted Search, we may provide cNanny Parents a customized list of potential individuals, companies and/or agencies to consider based on the information the cNanny Parents provides us regarding their needs and preferences. However, if a cNanny Parents agrees on the provision of services from an individual identified through, such agreement is solely between the cNanny Parents and the Nanny; cNanny is not a party to any such agreement.
By using this Site or our Services, you hereby represent, understand, and expressly agree to hold cNanny harmless for any claim or controversy that may arise from any disputes between you and any cNanny Parents, Nanny or other user(s) of the Site. If any disputes or disagreements arise between a Parent and a Nanny relating to the services provided by the Nanny or payments made by or due from Parent, the Parent and Nanny are responsible for resolving any such disputes directly with each other. cNanny will not be a party to any such dispute, and cNanny will not be obliged to take any action toward resolving the dispute.
You agree to take reasonable precautions in all interactions with cNanny Parents, nannies or other users of the Site or the Services, 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 cNanny immediately by notifying cNanny of the same via electronic correspondence.
11. Age Restrictions
cNanny is intended for people 18 or over and cNanny Parents and nannies should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. cNanny will not knowingly collect any information from individuals under 13. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
12. Disclaimers; Limitations; Waivers; Indemnification
13.1. No Warranties; Release
CNANNY GRANS NO WARRANTIES OF ANY KIND. The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by cNanny, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, cNanny DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, INCLUDING BUT NOT LIMITED TO, INFORMATION CONTAINED IN ANY BACKGROUND OR VERIFICATION REPORT; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN cNanny; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CNANNY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, STATUTORY OR AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, CNANNY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CNANNY PROVIDER OR TO EMPLOY THE SERVICES OF A NANNY. CNANNY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF SERVICES.
13.2. Beta Features
This warranty extends coverage to new “beta” features or tools with which cNanny may offer its users from time to time. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, nd may be modified or discontinued at cNanny’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
13.3 Modifications to the Service
cNanny reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or features, information, materials or content on the Service with or without notice to you. You agree that cNanny shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
13.4. 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 users of the Site or the Services. You agree to take all necessary precaution when interacting with other site visitors or Registered Users.
13.5. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will cNanny be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if cNanny, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CNANNY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CNANNY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-cNanny Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CNANNY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of 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. cNanny 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.
It is cNanny’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting cNanny’s copyright agent (identified below). You must provide the following information:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
3. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
4. Your name, address, telephone number and (if available) e-mail address.
5. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
7. A signature or the electronic equivalent from the copyright holder or authorized representative.
cNanny’s agent for copyright issues relating to this Site is as follows:
15.1 Ownership of Proprietary Information
You hereby acknowledge and agree that cNanny is the owner of highly valuable proprietary information, including without limitation, the patent-pending psychometric and knowledge assessment (collectively, “Confidential Material”). cNanny owns and hereby retains all proprietary rights in the Services, inclusive of offline activities, and the Site, including but not limited to, all Confidential Material.
15.2 No Use of Confidential Information
The Service, the cNanny content, and all information, materials, tools, code and content contained therein, including algorithms, structure and organization (“Confidential Material”), are owned by cNanny and is protected by U.S. and international copyright law. cNanny also owns the coordination, selection, arrangement and enhancement of such Confidential Material as a collective work and/or compilation under the United States Copyright Act, as amended.
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, resale, make commercial use of, or reproduce in any way (i) the Service or of any content or materials contained therein (ii) Confidential Material or (iii) other proprietary information, trademarks, or copyrighted material accessible via the Services. Violation of this policy may result in copyright, trademark, or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. The service marks, trademarks, logos and trade names appearing on this Service are owned by cNanny and you acknowledge the rights of cNanny and the respective third parties therein.
15. Agreement to Arbitrate
17. Governing Law and Jurisdiction
These Terms, and any dispute between you and cNanny, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and cNanny must be resolved exclusively by a state or federal court located in the State of Delaware. You and cNanny agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
18. No Joint Venture or Partnership
19. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone in order to communicate with you regarding the Services. By providing cNanny with your mobile phone number, you consent to cNanny sending text messages to your cellular phone and/or mobile device. CNanny does not charge for sending text messages, but your carrier may charge you.
20. General Provisions
20.1 Right to Seek Injunction
Violation of this Agreement may cause cNanny irreparable harm, and therefore you agree that cNanny will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that cNanny may have for a breach of this Agreement.
21. Contact Information
If you have any questions or need further information as to the Site or Services provided by cNanny, or need to notify cNanny as to any matters relating to the Site or Services please contact cNanny at: