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.
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.
1.7 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.
1.11 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.
1.13. 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.
1.15.1 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:
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:
(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.
3.2 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.
3.5 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.
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,
Wellesley Hills, MA
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.
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 : firstname.lastname@example.org