Nannease, LLC (“Nannease”, “we”, “us” or “our”) operates an informational Website that assists its users to connect with Nannease to render childcare provider placement Services.
Nannease conducts searches for childcare providers, produces referral information, and arranges interviews for families and individuals. Nannease Users can submit their contact information directly through our Website to receive childcare provider resumes and other information.
Nannease offers on-demand childcare as part of its childcare subscription service. Families and individuals will be provided with short-term childcare providers who have been selected based on (i) detailed information regarding each provider’s employment history and qualifications, (ii) employment and character references for each provider and (iii) Nannease-conducted interviews and background screening processes. All fees for the subscription service will be published on the Website and updated from time to time.
Nannease connects childcare providers with those seeking their services. The childcare provider may enter their contact information directly through our Website or apply to job postings on our Website. We also use email information to send job opportunities and postings to childcare providers. (all collectively referred to herein as the “Services”).
Our Services continue to grow and change. Please refer to our Website for further information about the Services we provide.
- User Responsibilities.
You agree to provide only accurate, complete, and up-to-date information to Nannease and our Website. You are responsible for all content you submit through our Website, whether or not you actually authorized that activity. You will immediately notify Nannease in writing of any unauthorized submission or of any related security breach known to you. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. We reserve the right to refuse, or cancel access to our Website or Services in our sole discretion.
- Intellectual Property.
The material provided on the Website is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. All intellectual property in on the Website is owned by Nannease, and nothing herein or included in the Website’s material shall be construed as a grant from Nannease of a license to any copyrights, trademarks, patents or any other intellectual property rights.
- Unauthorized Access or Activities.
To maintain the integrity and functionality of the Website for users, access to the Website or activities related to the Website that are harmful to, inconsistent with or disruptive of the Website or users’ beneficial use and enjoyment of the Website are expressly unauthorized and prohibited. For example, without limitation, such prohibited activities include:
- Using the Website in violation of any federal, state, local, or international laws or regulations;
- Using the Website for storing or transmitting infringing, libelous, offensive, defamatory, abusive, pornographic, obscene or otherwise objectionable, unlawful or tortious material;
- Interfering with other Users use or enjoyment of the Website;
- Using the Website for commercial purposes other than those consented to by Nannease;
- Collecting Website users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) for any purpose;
- Copying, aggregation, display, distribution, performance or derivative use of the Website or any content posted on the Website, whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds);
- Accessing or using the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Website. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer or any electronic, wireless or mobile device, technology or product that exists now or in the future;
- Attempting to decompile, disassemble or reverse engineer all or any part of the Website in order to identify, acquire, copy or emulate any source code or object code;
- Introducing or attempting to introduce any malicious software, viruses, worms, Trojan horses, malware, spiders and/or harmful code to the Website;
- Infringing on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; and
- Attempting to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities.
We may terminate this Agreement and your rights to access and use the Website for any or no reason, without liability, at our sole discretion at any time, including but not limited to if we suspect that you have violated this Agreement. We may notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Website (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security or integrity of Nannease’s network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement by you.
- Privacy and Protection of Personal Information.
YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE AND HEREBY INDEMNIFY NANNEASE AND THE NANNEASE REPRESENTATIVES AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INJURY OR DEATH.
INFORMATION ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE IS PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NANNEASE DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS ON THE WEBSITE.
NANNEASE AND THE NANNEASE REPRESENTATIVES ASSUME NO LIABILITY OR RESPONSIBILITY FOR: ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OR MERCHANTS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WEBSITE CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
NANNEASE AND THE NANNEASE REPRESENTATIVES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
- No Liability.
YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, ACKNOWLEDGE AND AGREE THAT NANNEASE AND THE NANNEASE REPRESENTATIVES ARE ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, AGREE NOT TO HOLD NANNEASE OR THE NANNEASE REPRESENTATIVES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR MERCHANT (INCLUDING WITHOUT LIMITATION INJURY, DEATH, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR MERCHANT, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY NANNEASE OR THE NANNEASE REPRESENTATIVES OR ANY DESTRUCTION OF YOUR INFORMATION, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.
UNDER NO CIRCUMSTANCES WILL NANNEASE OR THE NANNEASE REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NANNEASE AND THE NANNEASE REPRESENTATIVES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE WEBSITE. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT NANNEASE OR THE NANNEASE REPRESENTATIVES ARE LIABLE FOR DAMAGES IN EXCESS THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).
- Age Restrictions. You must be at least eighteen (18) years old to use the Website. If you are under eighteen (18) years old, then you must have permission from a parent or legal guardian to use the Website. Nannease has no intention of collecting personal information from individuals under the age of eighteen (18).
- Electronic Communications. When you use the Website, or send e-mails to Nannease, you are communicating with Nannease electronically and you consent to receive communications from Nannease electronically. Nannease will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Nannease provides to you electronically satisfy any legal requirement that such communications be in writing.
- Force Majeure. Nannease shall not be responsible for any damages, delay in performance or failure to perform by Nannease if caused by any act or occurrence beyond its reasonable control such as embargoes, changes in government regulations or requirements (executive, legislative, judicial, military or otherwise), acts of war or terrorism, power failure, electrical surges or current fluctuations, lightning, earthquake, flood, the elements or other forces of nature, delays or failures of transportation, or acts or omissions of telecommunications common carriers.
- Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.