Welcome to My Good Nanny.com (the “Service”). This document explains the terms and conditions for using our Service (the “Agreement”). This Agreement is between you and My Good Nanny. By using our Service, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then you should not use our Service. This Agreement was last updated on: 3/29/2012.
YOUR ACCOUNT & PASSWORD.
If you register an account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to notify us if you believe your account is being accessed by others. Each user must register separately. You may not loan your user name and password to others. You may not use another person’s account without their authorization. You may not put contact information in any open text fields of your account, unless specifically instructed to do so by the Service.
USING OUR CONTENT & SERVICE.
Our Proprietary Rights. Our Service may contain an assortment of information, data, software, images, video clips, music, links, logos and other material (“Content”) that are the copyright, trademark or other intellectual property of the owners of this Service or third party suppliers. The Content in this Service is copyrighted individually and as a collective work. All rights are reserved. The name “My Good Nanny®” and other names appearing herein are the trademarks or registered trademarks of the Service or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. Any licenses granted by this Agreement are non-exclusive.
Linking to Our Site. You may not display our Content within a frame or border, or “deep link” or harvest Content located below our top-most URL. You will not link to our Service or Content in a manner that suggests an endorsement or affiliation between our sites. You will remove any link to our Service that we find objectionable promptly upon request.
Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Service are copyrighted by the Service, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Service and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any material from this Service or otherwise use any such material in any manner for any public or commercial purpose. Your use of the Service is limited to use for the following lawful purposes: (i) caregivers and prospective caregivers seeking employment and/or career information for their own direct personal use and (ii) employers seeking to employ one or more caregivers for their own direct personal use. UNDER NO CIRCUMSTANCES ARE OWNERS, AGENTS, AFFILIATES OR EMPLOYEES OF EMPLOYMENT AGENCIES OR PLACEMENT AGENCIES OF ANY KIND ALLOWED TO REGISTER WITH THE SERVICE (NEITHER AS AN EMPLOYER NOR AS A CAREGIVER CANDIDATE). You may not reverse engineer our Service or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we will be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.
Placement Agency Requirements. All owners, agents, affiliates, or employees of employment Agencies or Placement Agencies MUST register via our My Good Nanny Company Staffing section. Violators who register as a Family/Individual seeking care (instead of via our Company Staffing section) are subject to account revocation, forfeiture of all paid fees, and disallowance of all future use of the Service.
Companies and Recruiters. Any company or recruiters, including any owner, agent, affiliate or employee of such entity, which uses the Service to find, recruit or hire caregivers for commercial purposes MUST register via our GoNannies Company Staffing section. Violators who register as a Family/Individual seeking care (instead of via our Company Staffing section) are subject to account revocation, forfeiture of all paid fees, and disallowance of all future use of the Service.
Commercial Use Prohibited. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any material from this Service or otherwise use any such material in any manner for any public or commercial purpose. BE ON NOTICE THAT WE HAVE ZERO TOLERANCE AND A STRONG ENFORCEMENT POLICY ON ALL CASES OF PROHIBITED COMMERCIAL USE OF THE SERVICE. WE USE TECHNOLOGY AND OTHER MEANS TO DETECT AND TRACK VIOLATORS.
YOUR CONTENT & SUBMISSIONS.
Your Public Messages. Our Service may include certain interactive features that allow users to post, transmit and receive messages or content. We do not prescreen or editorially control Communications on our Service. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Service or to any person.
Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Service. You will not attempt to violate or violate the Service’s security, including, without limitation: (i) forging any TCP/IP packet header or any part of the header information of any email or other communication, (ii) gaining access to data not intended for such user or logging into a server or account which the user is not authorized to access, (iii) attempting to scan, test or probe the vulnerability of the Service’s systems or networks, and (iv) deleting or revising any material posted by any other person or entity. You will not use the Service to violate any applicable law, including, without limitation, U.S. or foreign securities laws or regulations. In order to protect itself, the Service may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Service or to use a competitor’s service.
Anti-Spam Restriction. You will not use our Service to make any Communications which are unsolicited bulk advertising or promotional messages (“spam”), so-called “chain letters,” pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Service. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of $3 per individual recipient of spam messages transmitted under your account if you knowingly cause spam to be sent.
APPLICABLE CHARGES & PAYMENT.
Some features of our Service may require the payment of a subscription-based fee or other charge. For subscription-based features, you agree not to allow your account to be used by other persons, including, without limitation, co-workers and friends. We require timely payment of all published fees and charges. If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and access to services or features. Unless otherwise agreed in writing, all charges are payable in U.S. dollars in advance by major credit card, cashier’s check or money order. Late payments are subject to costs of collection (including, without limitation, reasonable legal fees) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law.
No Refund of Membership Fees. There are no refunds of fees charged for membership subscriptions since registrants have access to candidate contact information.
No Refunds of Background Check Fees For Package Purchases. All background check package fees are nonrefundable as those packages are specially priced and individual components are not sold separately.
Limited Refunds or Redemptions of Independently Purchased Background Check Fees. Independently purchased background checks (not purchased as part of the Service’s pre-configured, pre-defined packages) are eligible for either redemption or refund subject to the following rules:
(i) Independently purchased background checks which were purchased AT THE SAME TIME as a membership period may be redeemed or refunded up to sixty (60) days from the date the membership period expires. These background checks are NOT eligible for redemption or refund after such sixty (60) day period has expired.
(ii) Independently purchased background checks which were NOT purchased at the same time as a membership period may be redeemed or refunded up to sixty 60) days from the date the background check was purchased. These background checks are NOT eligible for redemption or refund after such sixty (60) day period has expired.
(iii) Redeeming verifications or ordering a refund may be done on-line through your account.
(iv) All refunds are subject to a $10.95 service fee.
CREDIT CARD FRAUD (SPECIAL NOTICE).
If you use another person’s credit or debit card to purchase a Services, and if the card number is processed by our system, and if the payment is charged back against us, and if the cardholder later indicates that your use of their card to make the purchase was without authorization, then you acknowledge using computers and computer networks located in Cobb County, GA (USA) to make such unauthorized transactions, and:
You irrevocably: (i) submit to personal jurisdiction and venue in the Circuit and District Courts of Cobb County, GA (USA), (ii) you waive any defense based on lack of personal jurisdiction or improper forum or venue, (iii) you consent to service of process by first class mail, fax transmission and/or email to your address registered with us, and (iv) you agree to pay all costs and expenses of enforcement, including attorney fees of not less than $1,000 per unauthorized purchase, or as otherwise determined by the Court, plus court costs and expenses of litigation. Be on notice that we have zero tolerance and a strong enforcement policy on all cases of payment card fraud.
THIRD PARTY LINKS AND ADVERTISERS.
Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Service or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
OUR ONLINE CAREGIVER MATCHING SERVICE..
Eligibility. Areas designated as “Matching Services” are available only to persons 18 years and older who have the legal capacity to enter into legally binding contracts. This means minors may not use the Matching Service. By using the Matching Service, you represent and warrant that you are of legal age and capable of entering into binding contracts
Nature of Relationship. Our Matching Service offers certain features that can be used to match cargivers with persons wishing to employ caregivers. The Matching Service is offered solely as a venue for caregivers seeking employment to list their qualifications and for persons seeking to employ caregivers to list their needs for caregiver services. You and other members of this Service are solely responsible for all aspects of any transactions that may occur, including, without limitation, the accuracy and legality of such listings and communications exchanged, the selection of employers or employees and the performance or non-performance of any resulting agreement. We are not a party to these transactions. We have no control over the safety, quality, or legality of the jobs or profiles posted, the ability of cargiver candidates to satisfactorily fill listed jobs, prospective employers’ ability to employ caregivers for the jobs they have listed, or the truth or accuracy of any listing. We cannot give any assurance that a caregiver candidate or employer will perform or pay for any services. You assume all risks associated with dealing with others with whom you come in contact with through the Service. These risks include, without limitation, the risk of physical harm, of dealing with strangers, people acting under false pretenses, foreign nationals, or underage persons
Fee Schedule. Prospective employers may browse the Service’s candidate profile listings without accessing any contact information free of charge. Registered caregivers may view employer profiles at no charge or purchase a paid member subscription to access enhanced features and improve exposure. We reserve the right to impose new or different fees by posting a new Fee Schedule. New Fee Schedules are effective on the date posted, or such other effective date identified in the Fee Schedule.
Listings. When you upload a listing or otherwise communicate via the Matching Service, you irrevocably grant our Service the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, create derivative works of, transmit, disseminate, perform and display the listing or communication through the Matching Service and any partner or affiliated listing sites and to make such incidental and additional uses as may be needed to operate the Matching Service through any media or technology now known or hereafter created. Any listings posted on the Matching Service, partner or affiliate sites will only display the general information about a user’s listing (if they elect to make their listing public), including but not limited to general description, city and state. All non-public customer information, including but not limited to any personal or contact information will not be made available as part of the published listings and will ONLY be available to registered users of the GoNannies.com Matching Service. Non-public customer information will never be made available to any non-registered users of the GoNannies.com Matching Service. You irrevocably grant us the right to obtain a copyright in the compilation of listings and communication threads, including your own.
Background Check Services. Background check services made available by the Matching Service are provided by a third party Consumer Reporting Agency (CRA) as defined by the Federal Trade Commission, and as such, the Fair Credit Reporting Act (FCRA) governs its activities as such an agency. The Matching Service may offer the ability for users to purchase and process pre-employment verifications (background checks) on parties they are considering to employ, and they must obtain all necessary authorizations from that potential employee as required and facilitated by the Matching Service, the third party CRA, and the FCRA. Job seekers have the ability to run Preliminary background checks on themselves and make that information available to potential employers as they desire. Job seekers are provided with precautions and safety information to allow them to safeguard their information and limit exposure to their information to employers they have met and determined they need their Preliminary background check information for legitimate hiring purposes. Access to Preliminary background check results offered by the Matching Service to customers of the Matching Service seeking to employ an applicant may be offered free of charge to such employers, and are limited to database and/or repository search results which are not legal to be used for making hiring decisions. The Matching Service makes available supplemental background checks to potential employers to supplement the Preliminary background checks and provide information upon which a hiring decision CAN be made. Any background check, including the Preliminary background checks, must be authorized by the person on whom the background check will be run in accordance with FCRA regulations. Therefore, it is a job seeker’s prerogative to decline a request for access to view any background check results and/or to run a background check.
Prohibited Behavior on Matching Service. Listings and communications regarding participants in the Service may not: (a) contain any information that is knowingly false, misleading or materially inaccurate; (b) infringe any third party intellectual property or privacy rights; (c) violate any law or regulation (including, without limitation, immigration laws, employment laws, securities laws, export laws and technology transfer laws); (d) contain any information that is defamatory, harassing or patently offensive; (e) contain any obscene material (including, without limitation, child pornography); (f) upload any virus or other deliberately destructive file or code; (g) make repetitive communications or listings or interfere with normal Service operations; (h) advertise other web sites, services or match-making services, (i) link to any content or service that violates this Agreement; (j) use any robot or other automatic device to access, copy, retrieve or use any content obtained from the Matching Service (this means you must actually be present at your computer terminal and use the Matching Service manually), (k) use any program or device to meta-search or consolidate listings from our Service with listings or bids from other matching services. WE RESERVE THE RIGHT TO REMOVE ANY LISTING OR COMMUNICATION AND SUSPEND OR TERMINATE ANY MEMBER THAT VIOLATES THE FOREGOING PROVISIONS OR OTHERWISE ENGAGES IN BEHAVIOR THAT WE IN OUR SOLE JUDGMENT CONSIDER TO BE INAPPROPRIATE.
Taxes. You are responsible for the timely filing of any required returns and the payment of all applicable taxes or levies, including interest and penalties imposed thereon (“Tax Claims”) arising from or relating to your use of the Matching Service or any goods or services bought, sold or exchanged as a result of using the Service, and you agree to defend, indemnify and hold our Service harmless from any and all Tax Claims.
No Endorsement. We do not review or endorse the truth, accuracy, reliability, integrity or quality of any information posted in the Matching Service, or any services exchanged as a result of such activities. We do not screen prospective candidates or prospective employers. We urge you to perform your own screening and investigation of any persons with whom you come into contact with through the Service. We may provide you access to third party background checking services. WE DO NOT WARRANT THE ACCURACY OF THESE SERVICES AND WE CAUTION YOU THAT SUCH BACKGROUND CHECKING SERVICES MAY NOT BE COMPLETE OR ACCURATE AND THEREFORE SHOULD BE USED ONLY AS PART OF AN OVERALL INVESTIGATION OF ANY CANDIDATE OR PROSPECTIVE EMPLOYER.
Outage Policy on Matching Service. We are not responsible for any outage or disruption in your use of the Matching Service, including, without limitation, any system outages.
Disputes Among Users of Matching Service. Our Service is not a party to any exchange of information or to any subsequent agreement to buy, sell or exchange services resulting from use of the Matching Service. You agree to hold us harmless from and release our Service (including, without limitation, our officers, directors, owners, agents, affiliates, and employees) from any and all liability arising out of or in connection with any dispute that may result from your use of the Service or any service, employment, or employee obtained thereby (including, without limitation, any claim for direct, indirect, incidental or consequential damages or attorney fees, even if we are advised of the possibility of such damage, and whether arising in contract, tort or otherwise). If you nevertheless try to involve us in a dispute, you will comply with the Governing Law provision of this Agreement and pay our costs and expenses, including, without limitation, reasonable legal fees.
California Residents: if you reside in California, you waive the protection of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We offer secure web pages, including the utilization of 128-bit encryption, to collect certain kinds of information from users and we store certain kinds of sensitive information in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Service reduce the likelihood of security problems to a level appropriate to the type of data involved.
SHIPMENT AND DELIVERY.
As the product provided by our service is an online service, no product will be delivered or shipped. All services are obtained on line through the use of this site.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. Warranty Disclaimer. THIS SERVICE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
No Professional Relationship. THIS SERVICE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE, INCLUDING, WITHOUT LIMITATION, LEGAL, MEDICAL, ACCOUNTING, FINANCIAL OR OTHER PROFESSIONAL CALLING. THE SERVICE DOES NOT PROVIDE FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES, SECURITY BROKERAGE SERVICES, HOME LENDING OR MORTGAGE SERVICES. NOTHING IN THIS SERVICE ESTABLISHES A PROFESSIONAL OR FIDUCIARY RELATIONSHIP WITH YOU. ALL INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS.
Limitation of Liability. YOU AGREE THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold harmless the Service and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including, without limitation, legal and professional fees) asserted by any third party and arising from your use of the Service, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.
Limitation of Remedies. You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service. This applies regardless of whether the remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
The Service is not responsible for any delay or failure in performance of the Service in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Service operates solely in Cobb County, Georgia (our “Locality”). You are using the Internet as your own agent to access and use our Service from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Service occur solely in our Locality. Our Service does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF TEXAS (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN DALLAS, TEXAS AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don’t win on the merits, you will pay our defense costs, including, without limitation, reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Service that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
European Union Residents. If If you reside in the European Union (EU) or if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c) (1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is GoNannies.com, Inc., 2201 Long Prairie Rd, Suite 107-712, Flower Mound, Texas 75022.
RELATIONSHIP OF PARTIES.
There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. The Service is not responsible for any employment decision made by any user of the Service. This Service is not a party to any transaction between you and any third party advertisers or suppliers or other Service users. You will look solely to the third party for all claims regarding their goods, services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The Service may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Service’s automated criteria or which is believed by the Service’s personnel to be genuine. For any password protected areas, the Service may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Service may assume the latest email addresses and registration information on file with the Service are accurate and current. When programmed to do so, the Service may take prescribed actions in the absence of receiving proper and complete contrary instructions.
CHANGES TO SERVICE.
We reserve the right to modify, change or discontinue the Service or any feature at any time without notice. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.
Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the SERVICE, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
Pricing Information: Current rates for using the Service may be obtained by calling (972) 200-7312. The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document’s authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including, without limitation, a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe content on our Service infringes your copyrighted work and you want the Service to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail or fax it to our Registered Agent (do not use this procedure for any other kind of communication):email us at firstname.lastname@example.org.
Notice of Copyright Infringement
I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Service without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.
POLICY REGARDING TERMINATION OF USERS AND ACCOUNT HOLDERS WHO REPEATEDLY INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes copyright infringement. As a condition to your use of the Service, you agree not to use the Service to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to the Service of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.