Web Site User Agreement
IMPORTANT! This Web Site User Agreement, including the Terms and Conditions of Use
("Terms and Conditions") and Privacy and Online Data Collection Notice ("Privacy Notice")
(collectively, the "Agreement") govern your (the "User" or "You") use of thenannyspace.com Web Site
(the "Web Site") provided by thenannyspace.com, LLC (the "thenannyspace.com"). This Agreement is
subject to change by the thenannyspace.com at any time in its discretion. Your use of the Web Site
after such changes are implemented constitutes your acceptance of the changes. Please consult this
Agreement regularly. This Agreement was last updated: January, 2009
Terms and Conditions of Use
1. Permitted Use.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely
for User's personal, noncommercial use. User will not use the Web Site for any other purpose, including
any commercial purpose, without the thenannyspace.com's express prior written consent. For example, User
will not, and will not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or
(ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the
same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark,
or other means of attribution or identification of any party in such a manner reasonably likely to give a
User the impression that such other party has the right to display, publish, or distribute the Web Site or
content accessible within the Web Site (the "Content"). User agrees to cooperate with the thenannyspace.com
in causing any unauthorized Co-branding, framing or linking to immediately cease.
thenannyspace.com shall be used only for lawful purposes, and may only be used by nannies seeking
employment and employers seeking to employ nannies. Users agree that all information posted by User is
true and accurate.
thenannyspace.com is only a venue. thenannyspace.com makes no representation about the suitability,
qualifications or reliability of the parties seeking nanny positions or employers of nannies using
thenannyspace.com. thenannyspace.com does not screen or censor Users or information posted by Users.
It is the responsibility of the User to verify the accuracy or truth of any information posted by any other
User of thenannyspace.com. thenannyspace.com does not participate in the interaction between Users of
thenannyspace.com. Users agree that in any dispute between Users, to release thenannyspace.com, its owners,
officers, directors, agents, assigns, investors, subsidiaries, affiliates and employees from any and all
claims, demands, injuries, damages (actual, exemplary, punitive and consequential) of any and all kind and
nature, known or unknown, existing, anticipated or unanticipated, disclosed or undisclosed, arising in any
manner connected with any User's use of this website or any and all interactions between Users.
thenannyspace.com is available for and restricted to use only by individuals 18 years of age and older.
2. Terms of Sale.
This Agreement contains the terms and conditions that apply to your purchase(s) of online services or
products from thenannyspace.com (collectively, "Services"). It contains very important information about
your rights and obligations as well as limitations and exclusions that apply to you.
By subscribing to or purchasing a membership for the Services, you acknowledge that you have read,
accepted and agreed to be bound by the Agreement and to comply with all applicable laws and regulations.
Your total price for the Services is set forth on thenannyspace.com website. Terms of payment are
within thenannyspace.com's sole discretion and, unless otherwise agreed to by thenannyspace.com, payment
must be received by thenannyspace.com prior to thenannyspace.com's acceptance of an order. Payment for the
Services must be made by credit card (Visa or MasterCard), debit card (issued by Visa or MasterCard) or
some other prearranged payment method. Orders are not binding upon thenannyspace.com until accepted by
thenannyspace.com, and thenannyspace.com reserves the right to decline the acceptance of any order, including
but without limitation, in the event the price of the Services is a mistake. Cancellation of any purchase of
or subscription to the Services prior to the expiration of any applicable term of such purchase or subscription
shall not entitle User to any prorated refund. All purchases of or subscriptions to the Services constitute a
final sale and are non-refundable.
3. Third Party Inquiry Services; Consumer Reports.
thenannyspace.com may make available to Users web links to one or more third party inquiry services
(collectively, "Inquiry Services"). The Inquiry Services may allow Users to verify, among other things,
certain criminal convictions of other Users (specifically, nannies User may employ, upon consent of both
Users to conduct such inquiry). Use of the Inquiry Services is voluntary and thenannyspace.com does not
endorse or make any representations regarding the reliability of the Inquiry Services or the accuracy of
any information provided through such Inquiry Services. You agree that thenannyspace.com may, in its
discretion, rely on the information but that thenannyspace.com shall not be responsible or liable in any
way in the event that any information provided by such Inquiry Services about any person, including without
limitation any User, is not accurate.
4. Fair Credit Reporting Act / State Law Compliance.
If an Inquiry Service is used, Users hereby warrant that they will comply with the Fair Credit Reporting
Act, 15 USC 1681 ("FCRA"), and any and all laws applicable in their state or jurisdiction. thenannyspace.com
does not assume and expressly disclaims any liability that may result from the use of any Inquiry Service by
Users.
5. Proprietary Information.
The contents of this Web Site, such as text, graphics, images, logos (including but not limited to the
logo of thenannyspace.com), button icons, software and other media, are protected under both United States
and foreign copyright, trademark and other laws. All Content is the property of thenannyspace.com. User
acknowledges and agrees that the Content accessible within the Web Site is the proprietary information of the
thenannyspace.com and its content providers, and the thenannyspace.com and its content providers retain all
right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or
distribute such Content to any third party without the express written consent of the thenannyspace.com or
the applicable content provider except that User may print out a copy of Content solely for User's personal
use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark,
trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
6. Disclaimer.
User will have access to a variety of sources of content through the Internet. thenannyspace.com has made
no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly,
the thenannyspace.com will have no liability or responsibility whatsoever for any content contained within any
such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further
that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User
accesses such materials at User's risk. thenannyspace.com has no control over and accepts no responsibility
whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied
by the thenannyspace.com, the thenannyspace.com does not operate, control or endorse any information, products
or services on the Internet in any way. User also understands that the thenannyspace.com cannot and does not
guarantee or warrant that files available for downloading from the Internet will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User
is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements
for accuracy of data input and output, and for maintaining a means external to the Web Site for the
reconstruction of any lost data. thenannyspace.com does not assume any responsibility or risk for User's use
of the Internet.
thenannyspace.com expressly disclaims any and all warranties with respect to any Content accessible within
or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a
particular purpose, title, or non-infringement.
7. Limitation on Liability.
thenannyspace.com, its Licensors, service providers, content providers, employees, agents, officers and
directors will not be liable for any incidental, indirect, consequential, or special damages, including loss
of revenue or income, pain and suffering, emotional distress or similar damages, even if the thenannyspace.com
has been advised of the possibility of such damages. In no event will the collective liability of the
thenannyspace.com and its Licensors, service providers, content providers, employees, agents, officers and
directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed
the amount User has paid to the thenannyspace.com for the applicable Content or service out of which liability
arose.
8. Indemnity.
User will indemnify and hold the thenannyspace.com, its Licensors, content providers, service providers
and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User,
including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees
that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use,
and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys'
fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties arising out of User's use of the
information accessed from the Web Site.
9. Forums.
Information posted on forums, bulletin boards, or similar portions of the Web Site ("Forums") is supplied
by third parties and other Users unless the thenannyspace.com or its authorized representative identifies
itself as the content poster. Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties or any other User are those of the respective author(s)
and not of the thenannyspace.com. User will not post any of the following material in any Forum:
--material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;
--material for which User does not have the right to post, including the proprietary material of any third party;
--material which advocates illegal activity or discusses an intent to commit an illegal act;
--material for advertising or commercial solicitation;
--material which is vulgar, obscene, pornographic, or indecent; or
--material which does not pertain directly to the subject matter of the particular forum.
thenannyspace.com reserves the right to monitor Forums to determine compliance with these Terms and
Conditions, as well the right to remove or refuse to post any posting, including any of the above postings
upon discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of
its postings. User acknowledges and agrees that neither the thenannyspace.com nor any third party content
provider will assume or have any liability for any action or inaction by the thenannyspace.com or any third
party content provider with respect to any posting on the Forums. User will not (i) select or use a member
name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name
or e-mail address subject to the rights of any person without authorization; (iii) use a member name in
violation of the intellectual property rights of any person; or (iv) use a member name that the
thenannyspace.com, in its sole discretion, deems offensive.
Further, User hereby grants to thenannyspace.com the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate
any message in other works in any form, media or technology now known or later developed.
10. Miscellaneous.
A. Headings. The headings of Sections of this Agreement are for ease of reference only and shall not be
admissible in any action to alter, modify or interpret the contents of any Section hereof.
B. Severability. If any Section or provision of this Agreement be held illegal, unenforceable or in
conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision
of this Agreement shall be deemed severed from this Agreement and the validity of the remainder of this
Agreement shall not be affected thereby.
C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
Colorado applicable to contracts made and to be enforced wholly within such state, without giving any effect
to any principals of conflicts of laws.
D. Submission to Jurisdiction. The parties to this Agreement each specifically consent to jurisdiction
in Colorado in connection with any dispute between the parties arising out of this Agreement or pertaining
to the subject matter hereof. The parties to this Agreement agree that no party to this Agreement may bring
a legal action under the Agreement more than one year after the cause of action arose. Each party agrees
to waive its rights to a jury trial in any resulting litigation.
E. Venue. The parties to this Agreement each agree that venue for any dispute between the parties
arising out of this Agreement or pertaining to the subject matter hereof may be had in the District Court
for the District of Colorado or in the state courts of Colorado sitting in Boulder County, Colorado.
F. Notices. All notices or other written communications required or permitted under this Agreement
shall be given in writing by courier or reputable overnight delivery services, or by certified mail,
return receipt requested to either party at its address set forth below (or to such address as such
party may subsequently indicate in writing in the manner specified in this Section): 2825 Marine St. #106 Boulder, Co 80303.
G. Waivers and Amendments. The waiver by either party of any provision of this Agreement on any
occasion and upon any particular circumstances shall not operate as a waiver of such provision of this
Agreement on any other occasion or upon any other circumstances. This Agreement may be waived or amended
only in writing and signed by both parties.
H. Survival. Sections 5, 6, 7, and 8 of this Agreement, and any other provision which, in accordance
with its terms is intended to survive this Agreement, shall survive the expiration or termination of this
Agreement for any reason.
I. Complete Agreement/Incorporation. This Agreement contains the complete understanding of the
parties with respect to the subject matter hereof and supersedes all other agreements, understandings,
communications and promises of any kind, whether oral or written, between such parties with respect to
such subject matter.
Privacy and Online Data Collection Notice
1. Our Commitment to Privacy.
Your privacy is important to us. To better protect your privacy we provide this notice explaining our
online information practices and the choices you can make about the way your information is collected
and used.
2. The Information We Collect.
This notice applies to all information collected or submitted on thenannyspace.com Web Site. On some
pages, you can order products, or services, make requests, and register to receive materials. The types of personal
information collected at these pages are:
Name
Address
E-mail address
Phone number
Credit/Debit Card Information
Profile Information provided by Users
3. The Way We Use Information.
We use the information you provide about yourself when using our site only for purposes related to
your use of thenannyspace.com. We do not share this information with outside parties except to the extent
necessary to provide the services of thenannyspace.com, or as otherwise may be required by law.
We use return email addresses to answer the email we receive. Such addresses are not used for any other
purpose and are not shared with outside parties.
We use non-identifying and aggregate information to better design our Web Site and to share with
advertisers. For example, we may tell an advertiser that X number of individuals visited a certain
area on our Web Site, or that Y number of men and Z number of women filled out our registration form,
but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways
unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise
prohibit such unrelated uses.
4. Our Commitment to Data Security.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information,
we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure
the information we collect online.
5. Our Commitment to Children's Privacy.
Protecting the privacy of the very young is especially important. For that reason, we never collect or
maintain information at our Web Site from those we actually know are under 13, and no part of our Web
Site is structured to attract anyone under 13. As set forth in the Terms and Conditions of Use,
thenannyspace.com is for the use of persons 18 years of age and older only.
6. How to Contact Us.
Should you have other questions or concerns about these privacy policies, please send us an e-mail at
info@thenannyspace.com.
Copyright 2009 thenannyspace.com, LLC.