LICENSE AND TERMS AND CONDITIONS OF SERVICE

March 30, 2019

Thank you for your interest in NannyHunt services. These terms and conditions of use govern your use of NannyHunt Services (as defined below) whether you have downloaded the NannyHunt mobile device application (“Application”) or are visiting the NannyHunt.com website (the “Site”). “NannyHunt Services” consist of Application-based access to the NannyHunt platform matching individuals seeking care services (“Parents”) with individuals who provide care services (“Nannies”) and the core component features of NannyHunt’s matching platform including without limitation, features enabling Parents to post jobs on the platform; enabling Nannies to post profiles and apply to jobs; a review and reputational social platform that allows users to post, share, and read reviews of either Nannies and/or Parents; search functionality that allows Parents and Nannies to narrow their searches based on various factors such as location and other preferences; messaging functionality that allows Parents and Nannies to communicate prior to engaging in jobs; and optional payment features to enable fast, secure electronic payment directly between Parents and Nannies (collectively, the “NannyHunt Services”). In order to access NannyHunt Services, users will need to register as a NannyHunt member and maintain such NannyHunt membership through timely recurring payments of the applicable and then-current NannyHunt membership fee (“Members”). Only Members have access to all the functionalities of the NannyHunt Services. NannyHunt Services, including without limitation the Application, the Site and all associated features, functionality and content, are operated by NannyHunt, LLC, a Massachusetts limited liability company with its primary place of business at 396 Washington Street, PMB 285, Wellesley Hills, MA 02481 ("Licensor"). Download, installation and use of the Application, access and use of the Site, and access to NannyHunt Services are all offered to you, the individual user, by Licensor subject strictly to the terms and conditions set forth herein.

By downloading, installing and/or using the Application, the Site, or otherwise accessing or using the NannyHunt Services, as applicable, you (the "User" or "you") acknowledge your legally binding acceptance of and agreement to these Terms of Use, including the NannyHunt Privacy Policy. If you do not agree to these Terms of Use, you are not authorized to use the NannyHunt Services and should discontinue any use of the Application, the Site, and any other aspect of the NannyHunt Services.

Licensor reserves the right to change or modify these Terms of Use from time to time. Any changes to the Terms of Use will be in writing and you will be notified of any material changes. The date of the latest changes will be indicated at the top of the document. You are advised to check the Terms of Use periodically for updates. Continued use of the NannyHunt Services following the posting of changes will mean that you agree to be bound by such changes.

1. GENERAL TERMS

1.1 Scope of NannyHunt Services. The NannyHunt Services offered by Licensor to Members offers a variety of features and functions to help Members find, research, and coordinate their child care needs. The NannyHunt Services provide a platform on which Members may identify and engage with each other to identify Parents and Nannies who would like to work with each other. However, the NannyHunt Services do not include the provision of child care services, Licensor is not in the business of providing child care, nor does Licensor employ, or pay, any Nannies. All Nannies are independent of Licensor and it is solely up to Nannies and Parents to decide for themselves when, where, how often, with/for whom, the price at which, and the manner in which child care services are provided by Nannies hired by Parents, and all Members are responsible for their own compliance with all applicable laws, rules and regulations governing the provision of child care services and/or payment for such services, including without limitation any employment law, tax withholding, documentation, licensing, permitting, background check or other obligation with respect to the provision of child care services. Neither Parents nor Nannies are, nor shall they be, employees, legal representatives, agents, joint venture or partners of Licensor for any purpose. Licensor does not, through the NannyHunt Services or otherwise, control or set any terms, conditions, or requirements for the provision of child care services; invoice, collect or remit payment for child care services; and Licensor is not authorized to enter into contracts or other arrangements for the provision of child care services on behalf of Parents or Nannies, nor is Licensor responsible for, or liable for, the performance or breach of any such contracts or other arrangements. Licensor exercises no control or responsibility over the quality, manner, timing, or legality of services contracted for between Parents and Nannies. Licensor does not endorse or recommend any particular Nanny and neither the listing of a Nanny’s profile through the NannyHunt Services, nor reviews of a Nanny posted to the NannyHunt Services shall represent, or be deemed to represent, an endorsement or recommendation by Licensor of a Nanny, or such Nanny’s integrity, capabilities, responsibility, or actions. Membership fees and all other compensation and consideration received by Licensor hereunder is specifically and exclusively for access and use of the NannyHunt Services, not for the provision of child care services. It is the sole responsibility of Members to comply with their own obligations under applicable child care, employment and other laws in connection with any employment and/or child relationship they establish with each other.

All Members, including all Parents and Nannies, are parties independent of Licensor and are each responsible for their own conduct, acts and omissions, whether through the NannyHunt Services, online, or offline. Licensor is not responsible for such conduct, acts or omissions of any Parent, Nanny, or other Member or user of the NannyHunt Services. All users, including Parents and Nannies, hereby expressly agree not to hold Licensor (or Licensor’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers (collectively, “Licensor Parties”) liable for the conduct, acts or omissions of any Parent, Nanny, Member, user or other third party or for any information, instruction, advice or services which is available through the NannyHunt Services and, Licensor and Licensor Parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

1.2 License. Subject to the terms and conditions of this Agreement, as may be applicable Licensor hereby grants to you a personal, fully revocable, non-transferable and non-exclusive license to (a) download, install and use the Application on a mobile device that you own or control for the purpose of accessing the NannyHunt Services, and any upgrades, updates or corrections thereto provided by Licensor to you, if any, and related user documentation (the “Documentation”) offered by Licensor to you; and (b) upon payment in full of applicable NannyHunt membership fees, access and use the NannyHunt Services exclusively through the Application within the United States only (the “Territory”). The Services are not intended to be accessed or utilized in any locations outside the Territory and Licensor makes no representation or warranty that the NannyHunt Services are appropriate or available for use outside of the Territory. Anyone accessing or using of the NannyHunt Services from outside of the Territory does so at his/her own risk. Under this Agreement you are authorized to use the Licensed Products solely for the purpose of accessing and using the NannyHunt Services subject to all applicable terms set forth, or referenced, in this Agreement. Access to the NannyHunt Services through any means other than the Application is unauthorized and strictly prohibited.

1.3 Non-Commercial/Personal Use Limitation. Licensor grants you this license for the limited purpose of personal use, and not for any commercial purpose such as the operation of a commercial child care agency or commercial child care center. Nannies may not be a licensed day care agency. A Nanny may utilize the NannyHunt Services solely for the purpose of finding jobs for yourself. Parents may utilize the NannyHunt Services solely for the purpose of finding Nannies to provide child care services for your own children, grandchildren, and other children for whom you are a legal guardian. Parents may not have more than two (2) Nannies in a 24 hour period for more than seven (7) consecutive days. Nannies providing child care services in the State of Kansas are not permitted to be a licensed day care provider or provide child care services outside the child's home.

1.4 User Responsibilities. Licensor is not responsible for providing any screening of a Parent or Nanny. The NannyHunt Services are specifically limited to matching Parents and Nannies on the basis of the geographic proximity, availability and user generated reputational information specifically available through the NannyHunt Services. Members are solely responsible for interviewing, performing background checks on, verifying information provided by Nannies, reading existing reviews posted on the Services, and selecting an appropriate Parent or Nanny for themselves or their families. Members are also responsible for compliance with all applicable laws including, but not limited to payroll, tax, and minimum wage laws. In order to access and use the Services, you must enable native notification functionality on your smart phone and/or text messages. You acknowledge and agree that standard message and data rates may apply in the United Stated. You must also enable GPS location setting on your mobile device in order to use and access the Services.

1.5 Not Intended for Minors Under Age of Eighteen. Licensor offers the NannyHunt Services solely for the use of individuals who are eighteen (18) years of age or older. Licensor does not solicit or knowingly collect personal information from persons under the age of eighteen (18) and does not knowingly market NannyHunt Services to persons under such age.

1.6 Prohibited Use. The Services are exclusively for personal use and may not be used by any party to operate childcare agencies or other employment purposes for organizations. Further, you may not, under any circumstances, copy, access or otherwise use NannyHunt Services separate or apart from your use of the Services, whether to create a derivative work of all or any part of the NannyHunt Services or otherwise. Additionally, by way of example, and not limitation, unless expressly authorized under these Terms of Use, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the NannyHunt Services, copy, counterfeit or paste content available through NannyHunt Services ("NannyHunt Content") to any other website or web page. You may not publicly display any portion of the NannyHunt Services, or any multimedia, audiovisual or digital works available through the NannyHunt Services, without a separate, written license granted by Licensor. Any other use or exploitation of the NannyHunt Services, including the NannyHunt Content, is strictly prohibited. Without the Licensor's prior written consent, you may not, and may not permit others to: (a) modify or create any derivative works of the Services, NannyHunt Content or its components; (b) decompile, disassemble, reverse engineer, reduce the NannyHunt Services to perceptible form, or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the NannyHunt Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, distribute or otherwise make available the NannyHunt Services or components thereof, or this license, in any way; (4) repackage or bundle the NannyHunt Services with other software: or (5) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the NannyHunt Services or NannyHunt Content. You acknowledge and agree that modification of the NannyHunt Content or use of the NannyHunt Content for any other purpose is a violation of Licensor's and possibly other third parties' copyright and proprietary rights. You agree to use the NannyHunt Services only for purposes which are lawful in applicable national and local jurisdictions and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use and access the NannyHunt Services automatically terminates and you must immediately cease use of the NannyHunt Services. Any other use or exploitation of the NannyHunt Services, including NannyHunt Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the NannyHunt Services in any way.

1.7 Disclaimer; Nature of Services. Licensor does not warrant the accuracy, truth or validity of the information offered and/or accessed through the NannyHunt Services. The conditions of your use of the NannyHunt Services and your use and application of information obtained through the use of the NannyHunt Services, including without limitation location services, user profiles and/or user reviews, are beyond our control. You are solely responsible for evaluating the NannyHunt Services, and all content and information obtained through the use of the NannyHunt Services to determine to your own satisfaction whether they are suitable for your particular circumstances, including without limitation your own independent assessment of reviewers and their reviews, as well as any decisions or evaluations based on the number of reviews (or lack thereof) associated with a particular Nanny on the NannyHunt Services. You acknowledge and understand that, Licensor does not have control over the quality, timing, or legality of the services actually delivered by Nannies. Further, Licensor does not refer or recommend Parents to Nannies and does not make any representation about the suitability, reliability, timeliness, or accuracy of the services provided by Nannies or the integrity, responsibility or actions of Parents or Nannies whether in public, private, or offline interactions. Licensor is not responsible for the conduct, whether online or offline, of any Parent, Nanny, or other user of the NannyHunt Services. All information is given without warranty or guarantee. It is expressly understood and agreed that you assume and hereby expressly release Licensor from all liability, in tort, contract or otherwise, incurred in connection with the use of the NannyHunt Services. Licensor will not be liable for problems arising out of the interaction between Parents, Nannies, Members, and all other users of NannyHunt Services.

PARENTS AND NANNIES ACKNOWLEDGE THAT THEY ACCESS AND USE THE NANNYHUNT SERVICES, AND ALL INFORMATION AVAILABLE THROUGH THE NANNYHUNT SERVICES, AT THEIR SOLE RISK AND EACH MUST EVALUATE SUCH INFORMATION FOR THEIR OWN PURPOSES. LICENSOR IS NOT RESPONSIBLE FOR, AND LICENSOR EXPRESSLY DISCLAIMS, ANY LIABILITY THAT MAY RESULT FROM THE USE OF THE NANNYHUNT SERVICES, AND INFORMATION THAT IS MADE AVAILABLE THROUGH THE NANNYHUNT SERVICES. THE NANNYHUNT SERVICES, AND ALL INFORMATION AND CONTENT OFFERED THROUGH THE NANNYHUNT SERVICES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, UNINTERRUPTED OR ERROR-FREE OPERATION, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE NANNYHUNT SERVICES OR WITH THE DELAY OR INABILITY TO USE THE NANNYHUNT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Licensor makes no warranties, express or implied, that the use of the NannyHunt Services does not infringe any patent or copyright of any third party.

1.8 Eligibility to use the Services; Registration; Membership. In order to access or use the Services, you will be required to create a registered NannyHunt account, keep active membership status by maintaining timely recurring payments of the then-current, applicable membership fees, and be in compliance with our Code of Conduct in 1.9 and all other terms and conditions set forth herein. The Services are available only to individuals who are legally in the United States. If you are registering to be a Nanny, you must be permitted to legally work within the United States and perform services expected by a Parent, of a Nanny.

1.8.1 Membership Fees. You may download the Application and register for an account with NannyHunt without making any payment. However, in order to use the NannyHunt Services, you must maintain an active membership status by making timely payments of NannyHunt’s then-current, applicable fees to Licensor. You acknowledge that automatic, recurring payments for membership fees are charged through your payment preferences in either iOS or Android app stores as applicable, as managed by Apple or Google. Payments for membership fees are automatically charged by Apple or Google on a recurring basis unless and until stopped by Member in accordance with the applicable processes for managing subscriptions through iOS or Android app stores. You also acknowledge and agree that membership fees are non-refundable once paid.

1.8.2 Username/Password. When you create your registered NannyHunt Services account, you will be asked to create a username and password (combined, the “User Identity”). Your User Identity will be associated with preference and profile information about you and your needs and preferences, including your e-mail address, last name, first name, phone number, address, and any additional optional profile information you may elect to provide, including information about your resume, education, references, language capabilities, gender, smoking preference, swimming capability, CPA and First Aid capability, experience with pets, experience with children, and ownership of driver’s license that you may choose to provide (your "Profile Information") to serve as the basis for NannyHunt Services which match your Profile Information and to power other aspects of the NannyHunt Services. Licensor shall not be responsible whatsoever in the event that your User Identity is used by an unauthorized entity or misappropriated by a third party.

1.8.3 If you provide any information that is untrue, inaccurate, not current or incomplete, Licensor has the right to suspend or terminate your account and refuse any and all current or future use of the Nanny Services (or any portion thereof).

1.9 Code of Conduct When Posting to the NannyHunt Services. By posting any communications, images, sounds, videos, reviews, messages, photos, and all other material, data, and information (“Content”) to the Services, you agree, represent and warrant that (i) you are responsible for providing accurate, current and complete information in connection with your access and use of the Services; (ii) you are solely responsible for any Content that you post to the Services or transmit to other users of the Services; (iii) you will not post on the Services, 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; and (iv) you will not provide inaccurate, misleading, defamatory or false information to Licensor or to any other user of the Services, and all opinion states as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant that you have the right and authority to post all information you post about yourself or others. In order to foster a genuine, integral and organic reputational system of Member reviews, when posting a review of another Member, without limiting the foregoing, you must also specifically comply with the following requirements: (a) you may only post reviews on the basis of your personal, direct, firsthand experience with the Member being reviewed; (b) reviews may not include or reference discriminatory statements based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (c) reviews may not make any conclusory statements as to the legality of a Member’s conduct; and (d) no Member is permitted to use the NannyHunt Services to organize a campaign or any other coordinated actions or set of actions to encourage others to post reviews about a Member, whether positive or negative. Without limiting Licensor’s rights hereunder, Licensor reserves the right, in Licensor’s sole discretion, to remove content or suspend/terminate Members for objectionable behavior. You acknowledge and agree that violation of the Code of Conduct and any of the other terms and conditions set forth herein, shall be grounds for removal of content and/or suspension/termination of your Membership without prior notice or warning. You further understand and agree that Licensor may, without any obligation to do so, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part at any time and for any reason, without notice to you, that in the sole judgment of Licensor violates these Terms or which Licensor determines in its sole discretion might be offensive, illegal, or that might violate the rights, harms or threaten the safety of users of the Services whether or not such material may be protected by law. Licensor may accept, reject, or remove reviews in our sole discretion. Parents and Nannies expressly agree that they can review each other after a job is completed by providing mandatory star ratings as well as optional written reviews. Reviews are not reviewed, screened, moderated, or endorsed by Licensor and do not represent Licensor’s opinions or the views of Licensor, or any of our directors, officers, employees, contractors or agents.

1.10 Posted Materials. EXCEPT FOR YOUR PERSONAL INFORMATION AS EXPRESSLY SET FORTH IN OUR PRIVACY POLICY, ANY COMMUNICATION OF MATERIAL YOU TRANSMIT TO LICENSOR VIA THE NANNYHUNT SERVICE, OR OTHERWISE BY UPLOAD, POSTING, ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY VIDEO, MULTIMEDIA, DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. Except as expressly set forth below or in our Privacy Policy, anything you transmit or post may be used by Licensor for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Licensor is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Licensor for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto. In order to fully participate in the NannyHunt community, you will need to make decisions as to the extent to which you provide optional Profile Information, because such optional Profile Information will be viewable by other Members. Certain Profile Information, including but not limited to job history, address, and phone numbers are only available for Parents and Nannies to view in their own profiles through NannyHunt Services. However, in order to build your Profile, certain Registration Information and other personal information must be published. In addition, you may be provided, from time to time, the option to designate other Profile Information to be associated with your user name and published accordingly and you may, at your sole option and discretion, post additional user generated content. You acknowledge and agree that you elect to share or publish Profile Information and post your user generated content through the NannyHunt Services at your own risk. We cannot control the actions of other users with whom you may choose to share your Profile Information. Therefore, we cannot and do not guarantee that Profile Information, or other user generated content that you may share or publish through NannyHunt Services, will not be accessible to the general public or otherwise viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures we provide. You understand and acknowledge that, even after removal, copies of Profile Information, including without limit your user generated content, may remain viewable in cached and archived pages or if other users have copied or stored all, or parts of, such information.

1.11 Objectionable Material. You understand that through your use of the NannyHunt Services you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the NannyHunt Services at your sole risk and that Licensor shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.

1.12 Your Information. You agree that Licensor and third parties such as marketing campaign companies and email/mail campaign companies may collect and use information consistent with the Terms of Use and the NannyHunt Privacy Policy. Licensor shall use reasonable efforts to protect information submitted by you in connection with the Services, but you acknowledge and agree that your submission of such information is at your sole risk, you release and forever waive, and Licensor hereby disclaims, any and all liability and/or claims for any loss or liability relating to such information in any way.

1.13. Payments for Nanny Services. NannyHunt is not responsible for any payments to Nannies for child care services and Parents and Nannies are free to arrange payment without using the Application, NannyHunt Services or any involvement by Licensor. Nannies establish their own prices and fees for services and it is solely the responsibility of Parents and Nannies to arrange for payment for services provided by Nannies. For the convenience of Members, Licensor offers through the Application access to third-party payment processing services by Stripe to facilitate the completion of payments for child care services between Parents and Nannies. If Members elect to use this option, they will need to establish an account with Stripe first and will need to maintain an active account with Stripe as long as Members wish to continue utilizing this option. Members hereby acknowledge that Licensor does not require, incentivize or otherwise encourage use of payment processing services available through the Application, but if Members elect to use such services, they hereby acknowledge that there will be service fees charged by Stripe and Licensor that will be taken out of each payment processed through Stripe. Nannies should take note of this payment services fee to ensure that they net the desired amount from Parents for the child care services they provide to Parents. Service fees for Stripe payments are structured as follows. In order to receive payments from Parents processed by Stripe through the Application, Nannies will be required by Stripe to maintain an active account with Stripe. In order to maintain an active account, payments to Nannies are subject to a one time processing fee equal to $2.30 plus 2.9% of the first payment received during any 30-day period (the “Account Activation Fee”). Once an Account Activation Fee has been paid, payments during any subsequent 30-day period following such Account Activation Fee payment are subject to a flat, 5% processing fee. Regardless of how many payments that may be processed during any particular 30-day period after payment of an Account Activation Fee, a new Account Activation Fee will be charged against the first payment processed after the expiration of such 30-day period. The 30-day periods do not have to be consecutive and no additional charge (other than the Account Activation Fee) applies if a Nanny does not process payments through Stripe for an extended period of time.

1.14 No Right To Continued Service. Licensor reserves the right to amend the NannyHunt Service and/or the interface, functionality and/or operation of the NannyHunt Services at any time and without prior notice. At any time without notice, Licensor may add, delete or disable content, and/or add, delete, disable or modify some or all of the NannyHunt Services, at its sole election, and you acknowledge: (1) that you may no longer be able to use the NannyHunt Services to the same extent - or at all - as prior to such change or discontinuation, and (2) that Licensor shall have no liability to you in such case. In no event will Licensor be liable for the removal of or disabling of access to any content, materials or functionality. Licensor may also impose limits on the use of or access to certain features or portions of the content, other aspects or components of the NannyHunt Service, in any case and without notice or liability.

1.15 Third Party Legal Terms Incorporated by Reference.

1.15.1 Google Maps. The NannyHunt Services rely on the Google Maps service provided by Google, Inc. ("Google"). By using the NannyHunt Service, you agree and acknowledge that use of Google Maps functionality integrated into the Application is subject to the Google Maps/Earth Terms of Service

1.15.2 Apple. In addition to terms and conditions set forth elsewhere in this Agreement, Apple, Inc. ("Apple") also requires that this Agreement between you and Licensor include the following:

  1. Acknowledgement. You and Licensor each hereby acknowledge that this Agreement is concluded between You and Licensor only, and not with Apple. Licensor, not Apple, is solely responsible for the Application licensed hereunder and the content thereof.
  2. Scope of License on iOS Devices. With respect to any Application downloaded from the Apple App Store, the licenses granted herein are subject to the following additional terms and conditions: the Application may only be installed and used on an Apple-branded product that the end-user owns and controls and as permitted by Apple’s Usage Rules set forth in the Apple App Store Terms of Service, except that such licensed Application may be accessed, acquired, and used by other Apple accounts associated with the end-user via Apple’s Family Sharing or volume purchasing.
  3. Maintenance and Support. Licensor is solely responsible for providing maintenance and support services with respect to the Application as required under applicable law, if any. You and Licensor each hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Warranty. Licensor shall be solely responsible for any product warranties not effectively disclaimed hereunder. Notwithstanding anything to the contrary herein, and without limiting the disclaimers and limitations set forth in Section 3 below, in the event of any failure of the Application to conform to any such applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor's sole responsibility.
  5. Product Claims: To the extent you, or any third party, has any claims relating to the Application or your possession and/or use of the Application including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, you and Licensor each acknowledge that Licensor, not Apple, is responsible for addressing any such claims, subject to the terms and conditions set forth in this Agreement and subject to applicable law.
  6. Intellectual Property Rights. In the event of any third party claim that the Application or your possession and use of that licensed Application infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim arising under this Agreement or applicable law.
  7. Legal Compliance. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address. All end-user questions, complaints or claims with respect to the Application should be directed to Licensor at the mailing address at:
    NannyHunt, LLC
    396 Washington Street,
    PMB 285
    Wellesley Hills, MA
    02481-6209
    or via e-mail at contact@nannyhunt.com
  9. Third Party Beneficiary. You and Licensor each acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary to this Agreement.
2. OWNERSHIP AND INTELLECTUAL PROPERTY

2.1 Ownership. Licensor is the owner and proprietor of the NannyHunt Services. The Services, including without limitation the Application, the Site, and content and information as accessed through the NannyHunt Services are offered to you by Licensor for limited use pursuant to these Terms of Use. You agree and acknowledge that you shall not acquire any ownership rights by accessing or downloading content through the NannyHunt Services or otherwise.

2.2 Copyright. Unauthorized use of any material accessed through or contained on the NannyHunt Services may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. NannyHunt Content is owned by Licensor and/or its licensors, its member establishments and content providers and are protected by applicable domestic and international copyright laws. The compilation of all NannyHunt Content through the NannyHunt Services and its presentation through the Site and/or Application is the exclusive property of Licensor and protected by U.S. and international copyright laws. Text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, presented on or through the NannyHunt Services is Copyrighted by NannyHunt, LLC, All rights reserved. Users of the NannyHunt Services shall use information acquired through the NannyHunt Services solely for the user's own informational purposes. You shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the NannyHunt Content, in whole or in part. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

2.3 Trademark. “NannyHunt”, the NannyHunt logo, and all graphics, logos, page headers, button icons, scripts, service names and other trademarks and service marks on the NannyHunt Services are trademarks, trade dress and service marks belonging to Licensor or its licensors (the "Licensor Marks"). Licensor Marks may not be used in connection with any product or service that is not related to NannyHunt or Licensor, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NannyHunt or Licensor. All other trademarks not owned by Licensor that appear via the NannyHunt Services are the property of their respective owners, who may or may not be affiliated with, connected to, sponsor, or sponsored by Licensor. Any product, service, or trade name other than those owned by Licensor that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the Licensor Marks or any third party trademark is strictly prohibited. Any third party links, products and/or services referenced on this page are solely for reference purposes only. Licensor neither endorses nor makes any representation regarding any linked site, product and/or service and we advise you to check assess for yourself the adequacy and appropriateness of any age filtering service for your own purposes. Licensor expressly disclaims any responsibility for the quality, adequacy, or appropriateness of any product or service provided by or advertised by any linked site.

2.4 Complaints. If you believe that your trademark, service mark, or copyrightable work of authorship has been copied and/or is being displayed via the NannyHunt Service in such a way that would give rise to a claim for misappropriation or infringement, please follow the procedure regarding Notice and Claims:

NOTICE REQUIREMENTS

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;

(b) A description of the protected mark or copyrighted work that you claim has been infringed upon;

(c) A description of the manner in which the material that you claim is infringing is accessed via the NannyHunt Services, including any information which would assist Licensor in identifying and locating that material;

(d) Your address, telephone number and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or permissible by law;

(f) A statement by you under the penalty of perjury that the information in your notice is accurate that you are the mark holder, copyright owner or authorized to act on such party's behalf.

3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

3.1 As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Licensor does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Licensor will not be stolen or otherwise surreptitiously obtained. Licensor is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of the NannyHunt Services. You hereby acknowledge and understand that such risk is inherent in interacting with systems over the Internet, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, to the fullest extent permitted by applicable law, Licensor expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all hardware and other equipment needed for access to and use of NannyHunt Services and you shall be responsible for all charges related thereto.

3.2 SUBJECT TO THE PROVISIONS OF SECTION 3.3 BELOW, NEITHER LICENSOR NOR ANY ORIGINATOR OF NANNYHUNT CONTENT OR THEIR RESPECTIVE AGENTS WARRANT THAT THE OPERATION OF AND/OR ACCESS TO NANNYHUNT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES LICENSOR, ANY PROVIDER OF NANNYHUNT CONTENT, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE NANNYHUNT SERVICES. NEITHER NANNYHUNT SERVICES NOR NANNYHUNT CONTENT IS GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE NANNYHUNT SERVICES AND NANNYHUNT CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NANNYHUNT SERVICES, ANY NANNYHUNT CONTENT, OR ANY ESTABLISHMENT, GOODS OR SERVICES PROMOTED THROUGH THE NANNYHUNT SERVICES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE NANNYHUNT SERVICES AND THE ACCURACY OR COMPLETENESS OF THE NANNYHUNT SERVICES OR NANNYHUNT CONTENT IS ASSUMED SOLELY BY YOU.

3.3 NANNYHUNT SERVICES AND NANNYHUNT CONTENT ARE PROVIDED FOR THE PURPOSE OF MATCHING PARENTS WITH AVAILABLE NANNIES OF THE PARENTS’ CHOOSING. LICENSOR DOES NOT ENDORSE ANY PARTICULAR NANNYHUNT CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE IN ANY WAY FOR NANNYHUNT CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY NANNYHUNT CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NANNYHUNT CONTENT ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/OR NANNYHUNT SERVICES.

3.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LICENSOR, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING CONTAINED IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OR PURPORT TO LIMIT OR EXCLUDE ANY LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS VOID OR UNENFORCEABLE OR OTHERWISE NOT PERMITTED UNDER APPLICABLE LAW.

3.5 Termination. Licensor reserves the right, in its sole discretion, to immediately terminate your access to all or part of the NannyHunt Services, to remove your profile and/or any content posted by or about you from the Services, and/or to terminate your account with Licensor, with or without notice for any reason, including but not limited to failure to pay membership fees, violation of Code of Conduct, or for no reason in its sole discretion. You may terminate this Agreement at any time by ceasing use of the NannyHunt Services, and all components of the NannyHunt Services. If Licensor terminates this Agreement for your material breach, Licensor reserves the right to suspend or terminate your access to the NannyHunt Services to you in the future. Notwithstanding the expiration or termination of this Agreement by either party, the parties acknowledge and agree that the provisions of Sections 1.7, 1.15, 2, 3, 4, and 5 shall expressly survive such termination or expiration and remain in full force and effect.

3.6 Indemnity. You hereby agree to indemnify, defend and hold harmless Licensor and its affiliates from and against any and all liability and costs incurred by Licensor or the affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Licensor.

4. MANDATORY ARBITRATION.

UNLESS YOU OPT-OUT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND LICENSOR (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH LICENSOR, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE NANNYHUNT SERVICES, ACTS OR OMISSION WITH RESPECT TO THE PERFORMANCE OF NANNYHUNT SERVICES AND/OR PERFORMANCE OF CHILD CARE SERVICES; AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND LICENSOR HEREBY EXPRESSLY WAIVE TRIAL BY JURY. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Licensor will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Licensor is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator shall be issued to both parties in a writing setting forth in reasonable detail the reasoning for the decision and award and such award may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Licensor can require the other to participate in an arbitration proceeding. To opt out, you must notify Licensor in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

396 Washington Street, 
PMB 285
Wellesley Hills, MA
02481-6209
Attention: NannyHunt, LLC

You must include your name and residence address, an email address, and a clear and specific statement that you want to unconditionally opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Licensor.

Notwithstanding anything to the contrary set forth above, this Arbitration section shall not apply to disputes relating to: (1) your or Licensor's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations by users of the Prohibited Use policy or Code of Conduct; or (3) any dispute in which Licensor is seeking injunctive or equitable relief to prevent further breaches of these Terms of Use by a user.

5. MISCELLANEOUS

5.1 Full Integration. These Terms of Use, including the NannyHunt Privacy Policy incorporated by reference herein, constitute the entire agreement between you and Licensor related to your access to and use of NannyHunt Services hereunder. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use, including the NannyHunt Privacy Policy, as each may be amended by Licensor from time to time, supersede all prior written, oral, or electronic agreements between you and Licensor relating to your access to, and use of, NannyHunt Services hereunder.

5.2 Written Agreement. These Terms of Use constitute a written agreement between you and Licensor. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

5.3 Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

5.4 Modifications To the Agreement. Licensor has the right to modify this Agreement and any policies affecting the NannyHunt Services, including without limitation the NannyHunt Privacy Policy. Any modification is effective immediately upon posting by Licensor. Your continued use of the NannyHunt Services hereunder following notice of any modification to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Licensor in providing the NannyHunt Services, including without limitation any change to the NannyHunt Content, is to cease using the NannyHunt Service.

5.5 Governing Law. You agree with Licensor that these Terms of Use shall be considered a contract governed by Massachusetts law and that by accepting these Terms of Use you are entering into a legally binding agreement with Licensor using electronic signatures pursuant to Massachusetts law. Any disputes regarding these Terms of Use shall be resolved in accordance with the Mandatory Arbitration agreement in Section 4 above, and otherwise heard by the state and federal courts located in the Commonwealth of Massachusetts, and each party consents to the exclusive jurisdiction of such arbitration process and courts. NannyHunt Content is provided by Licensor from its facilities in the United States of America. Licensor makes no representation that NannyHunt Service or NannyHunt Content are appropriate or available for use in other locations, and access to them from territories where any of the NannyHunt Services or NannyHunt Content are illegal is prohibited. Those who choose to use and/or access NannyHunt Services or NannyHunt Content from other locations do so on their own volition and are responsible for compliance with applicable local laws.

5.6 No Waiver. Failure to insist on strict performance of any of the Terms of Use will not operate as a waiver of any subsequent default or failure of performance.

5.7 Severability. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

5.8 Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and Licensor as partners or joint venturers or to constitute employment or any type of agency.

5.9 Events Beyond Licensor's Control. Licensor will use reasonable efforts to keep the NannyHunt Services and NannyHunt Services available for your use; however, Licensor cannot and will not be responsible for any loss or unavailability of access to NannyHunt Services that results from any cause including a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, wireless data or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

5.10 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.

Can’t find help? Email us.

Email : contact@nannyhunt.com