Nanny Posse Terms of Use and End User License Agreement

BY ACCESSING, VIEWING, OR USING THE NANNY POSSE WEBSITE (THE “SITE”) OR ANY TOOLS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE (COLLECTIVELY, THE SITE AND ALL RELATED TOOLS AND SERVICES ARE REFERRED TO AS THE “SERVICE”), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 35 AND CLASS ACTION WAIVER IN SECTION 36, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE DO NOT USE THE SERVICE.

These terms and conditions and end user license agreement (collectively, “Terms of Use”) set forth the terms and conditions of Nanny Posse LLC (“Nanny Posse”) applicable to your use of the Service. Nanny Posse encourages you to read these Terms of Use carefully. For purposes of these Terms of Use, “Nanny Posse” means and includes Nanny Posse and its affiliates and subsidiaries and its and their investors, officers, members, directors, employees, agents, representatives and assigns. “User” means each person who accesses or uses the Service, including parents and caregivers, whether or not such User personally created an account.

You understand and agree that Nanny Posse may revise, modify and/or supplement these Terms of Use (the “Revised Terms of Use”) at any time. Any Revised Terms of Use will be effective immediately after notice is sent to you via the Nanny Posse internal email system or by such other forms of notice as may be determined by Nanny Posse. If you do not agree to the Revised Terms of Use, you must stop using the Service and close your account. You can close your account through the Account Settings page under My Nanny Posse. By continuing to use the Service following notice, or by failing to close your account, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Service is valid consideration for the Revised Terms of Use.

If you are a paying member and you close your account due to rejection of the Revised Terms of Use before your paid membership term has ended, you may seek reimbursement for the paid pro rata balance of the remaining membership by calling Nanny Posse at 919-726-6400, or by emailing memberships@nannyposse.com.

Terms and Conditions

  1. Personal, Nonexclusive, Nontransferable License. Subject to the terms and conditions set forth in these Terms of Use, Nanny Posse grants you a personal, nonexclusive, nontransferable license to use the Service solely for your own personal, noncommercial use except as expressly set forth herein.

Such license is subject to these Terms of Use and except as expressly provided in these Terms of Use, does not include: (A) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein (“Nanny Posse Content”); (B) modifying or otherwise making any derivative uses of the Service or any Nanny Posse Content; (C) use of any data mining, robots or similar data gathering or extraction methods; (D) reproducing, distributing, publicly performing or publicly displaying the Service or the Nanny Posse Content; (E) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for its intended purpose. Any use of the Service or the Nanny Posse Content other than as specifically authorized herein, without the prior, written permission of Nanny Posse, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  1. Privacy Policy.Please refer to the Nanny Posse Privacy Policy at www.NannyPosse.com/privacy for information on how Nanny Posse collects, uses and discloses information about you.
  1. Limitations of the Service.The Service only offers tools, resources and a venue to connect those seeking childcare services with those seeking to provide childcare services. You understand and agree that Nanny Posse: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks except as otherwise expressly stated in these Terms of Use or on the Service. Regardless of whether Nanny Posse screens users or performs a background check, you should exercise caution and perform your own screening before connecting with anyone through the Service, meeting anyone, engaging Users or accepting engagements. Nanny Posse hereby expressly disclaims, and you hereby expressly release Nanny Posse from, any and all liability whatsoever for any and all controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including, and without limitation, any acts and/or omissions of Users online or offline. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
  1. Transactions Between Users.The Service may be used to help obtain or offer services provided by Users and to facilitate payment for such services. However, Users transact solely between themselves, and Nanny Posse is not a party to any transactions between Users. Nanny Posse hereby expressly disclaims, and you hereby expressly release Nanny Posse from, any and all liability whatsoever for any and all controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
  1. Eligibility.You represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Service: (A) you are at least eighteen (18) years old; (B) you comply with all federal, state, and local laws, rules and regulations in connection with your use of the Service and any services arranged through the Service, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services; (C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use; (D) neither you, nor anyone in your home or, as applicable, the location where childcare services are provided or received: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind; and/or (iii) is registered, or currently required to register, as a sex offender in any jurisdiction or with any government entity; and (E) neither you, nor anyone in your home or, as applicable, the location where childcare services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind.

By using the Service, you understand and agree that Nanny Posse may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Nanny Posse may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service. You further understand and agree that you must discontinue use of the Service if at any time you no longer meet the Eligibility Conditions. If Nanny Posse becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole and absolute discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.

You understand and agree that Nanny Posse does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that Nanny Posse is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. Except where expressly stated otherwise in these Terms of Use or on the Service, you understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users. Nanny Posse hereby expressly disclaims, and you hereby expressly release Nanny Posse from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions and/or any misstatements or misrepresentations made by any Users.

Although Nanny Posse has no obligation to verify the Eligibility Conditions or conduct any other screenings, verifications or background checks, it reserves the right to do so in its sole and absolute discretion, and you hereby authorize Nanny Posse to verify any or all of the above representations and warranties you make or the other information you provide. Such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You agree that Nanny Posse may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms of Use or it otherwise determines in its sole discretion that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

  1. No Professional Advice; Information Only.Any information, materials, content and/or advice provided through the Service, whether by Nanny Posse, Users or third parties, including without limitation the Nanny Posse blogs, including without limitation at nannyposse.com/blog, the Nanny Posse Facebook pages, including without limitation at www.facebook.com/nannyposse, the Nanny Posse Twitter account, including without limitation at twitter.com/nanny_posse, and the Nanny Posse LinkedIn account, including without limitation at linkedin.com/company/nanny-posse-llc (collectively, “Nanny Posse Social Media”), are for informational purposes only. If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional. Nanny Posse hereby expressly disclaims, and you hereby expressly release Nanny Posse from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service, including, and without limitation, on Nanny Posse Social Media.
  1. Use of the Service.You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that Nanny Posse, in its sole and absolute discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. Nanny Posse reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:

  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
  • Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
  • Harvest or otherwise collect information about Users without their consent;
  • Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
  • Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by Nanny Posse;
  • Impersonate another person or allow any other person or entity to use your user name, password or membership;
  • Post the same content repeatedly or spam – spamming is strictly prohibited;
  • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
  • Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
  • Restrict or inhibit any other User from using and enjoying the Service.

Nanny Posse reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Nanny Posse in its sole and absolute discretion. You may report any alleged improprieties by any User to Nanny Posse by email at help@nannyposse.com. However, enforcement of these Terms of Use is solely at Nanny Posse’s discretion, and failure to enforce in some instances does not constitute a waiver of Nanny Posse’s right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

  1. Account Security.You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Nanny Posse of any unauthorized use of accounts or any other breach of security.
  1. Third-Party Services and Content.The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, “Third-Party Services and Content”), which access is provided solely for convenience. For example, the Service may provide access to a third-party payment processing service that enable caregivers to collect payments through the Service from parents who engage them and may make third-party content available through the Service. You understand and agree that such Third-Party Services and Content are not provided by Nanny Posse, and Nanny Posse does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content. YOU UNDERSTAND AND AGREE THAT USE OF SUCH THIRD-PARTY SERVICES AND CONTENT IS AT YOUR OWN RISK, THAT THESE TERMS OF USE AND POLICIES OF NANNY POSSE DO NOT APPLY TO SUCH THIRD-PARTY SERVICES AND CONTENT, AND THAT NANNY POSSE IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD-PARTY SERVICES AND CONTENT OR FOR THE ACCURACY, COMPLETENESS, SAFETY OR QUALITY OF SUCH THIRD-PARTY SERVICES AND CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CAREFULLY REVIEWING ANY APPLICABLE TERMS AND POLICIES THAT APPLY TO ANY SUCH THIRD-PARTY SERVICES AND CONTENT. NANNY POSSE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD-PARTY SERVICES AND CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND NANNY POSSE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE NANNY POSSE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LIABILITIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD-PARTY SERVICES AND CONTENT, INCLUDING, AND WITHOUT LIMITATION, RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES.
  1. User Content.“User Content” is defined as any information, content, messages, photos, and/or materials a User posts on or through the Service, submits to Nanny Posse and/or submits to any other User on or through the Service or by any other medium or method. Nanny Posse acts as a passive conduit for User Content, and Users, not Nanny Posse, are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users’ profiles, is self-reported and you understand and agree that Nanny Posse does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. Nanny Posse hereby expressly disclaims, and you hereby expressly release Nanny Posse from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.

You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to Nanny Posse an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.

You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service; (B) shall not infringe any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, rule or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care; (D) shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors; (F) shall not contain any viruses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for Nanny Posse or cause Nanny Posse to lose (in whole or in part) the services of the Nanny Posse ISPs or other partners or suppliers. Nanny Posse may, but is not obligated to, review or delete any User Content that, in Nanny Posse’s sole discretion, violates these Terms of Use.

Although Nanny Posse has no obligation to screen, edit or monitor User Content, Nanny Posse reserves the right, and has sole and absolute discretion, to remove, screen or edit User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing rules. You agree to make no further use of the Service during suspension or after termination. Enforcement of the User Content rules set forth in these Terms of Use is solely at Nanny Posse’s absolute discretion, and failure to enforce such rules in some instances does not constitute a waiver of Nanny Posse’s right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

Although Nanny Posse has no obligation to do so, Nanny Posse reserves the right, and has the sole and absolute discretion, to remove, screen or edit User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing User Content you post or store on the Service at your sole cost and expense.

  1. Payment Services.Nanny Posse may offer access to a Third-Party Service that provides Users with the ability to process payments for their services through the Service (the “Payment Service”). In order for Users to use such Payment Service, they may have to enter into a Commercial Entity User Agreement (“CEA”) with the Payment Service provider and its sponsoring bank. By using the Payment Service to process payment for your services, you agree: (a) that you have downloaded or printed the CEA; and (b) that you have reviewed and agree to the CEA. You understand and agree that Nanny Posse is not a party to the CEA and that the caregiver, the Payment Service provider and Payment Service provider’s sponsoring bank are the three parties to the CEA. Nanny Posse has no obligations or liability to you of any kind under the CEA. 
  1. Background Checks.Nanny Posse may utilize or make available to through the Service third-party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Background Checks”), but, unless otherwise expressly stated in these Terms of Use or through the Service, Nanny Posse does not automatically run Background Checks on any Users. Nanny Posse does not provide, and is not responsible or liable in any manner for, the Background Checks, and it does not endorse or make any representations or warranties regarding the reliability of such Background Checks or the accuracy, timeliness or completeness of any information in the Background Checks. Nor does Nanny Posse independently verify information in the Background Checks.

You hereby consent to the collection, use and disclosure of the information in the Background Checks. You understand and agree that Nanny Posse may, in its sole discretion, review and rely on the information in the Background Checks in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Nanny Posse shall not be responsible or liable in any way in the event that any information in the Background Checks about any person, including without limitation you or any other User, is not accurate, timely or complete. If you are the subject of a Background Check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. Nanny Posse reserves the right to suspend and/or terminate you or other Users based on information in the Background Checks or for any other reason, or no reason, in Nanny Posse’s sole discretion.

Note the following limitations in Background Checks: Except as otherwise expressly provided in these Terms of Use or through the Service, Nanny Posse does not automatically run Background Checks on any Users. Records not available to third-party consumer reporting agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle pros will not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.

  1. Fair Credit Reporting Act.If you obtain Background Checks that are governed by the Fair Credit Reporting Act, 15 USC 1681 (“FCRA”) through the Service, you hereby represent and warrant that you will comply with the FCRA, which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov in connection with your use of such Background Checks. The third-party consumer reporting agency responsible for the Background Checks provides a summary of FCRA rights for Users who authorize such Background Checks, and the third-party consumer reporting agency responsible for the Background Checks also provides notice when Users are terminated based on information in such Background Checks. You agree to comply with any applicable provisions of the FCRA relevant to you at all times. Nanny Posse hereby expressly disclaims, and you hereby expressly release Nanny Posse from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the Background Checks.
  1. Paid Memberships.Access to certain services and features of the Service require a paid membership (“Paid Membership”). Upon registration for a Paid Membership, you agree to pay Nanny Posse the applicable membership fees at the prices then in effect, and you authorize Nanny Posse to charge your chosen payment method in connection therewith. Nanny Posse reserves the right to correct any payment errors even if it has already requested and/or received payment.

Nanny Posse may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service. Nanny Posse hereby expressly disclaims, and you hereby expressly release Nanny Posse from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to Nanny Posse’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Nanny Posse’s use of payment processing services, please contact Nanny Posse by email at _memberships@nannyposse.com_.

Nanny Posse may offer limited-time, free trial memberships or other promotions from time to time. In some cases, which will be disclosed at the time of sign-up, these promotions may automatically convert to Paid Memberships if you do not cancel within a designated time frame. In such instances, if you continue your membership after the end of the free trial or promotional period, you will be charged the price then in effect. To avoid such charges, you must cancel your membership prior to the end of the free trial or promotional period by calling Nanny Posse at _919-766-6400_, by emailing at _membershipss@nannyposse.com__, or through your account settings.

  1. Automatic Renewal and Cancellation.Paid Memberships and some paid features (“Features”) may be automatically extended for successive renewal periods of the same duration as the Paid Membership and/or Feature term originally selected (as indicated at the time of sign-up). IF YOU SIGN UP FOR A PAID MEMBERSHIP OR FEATURE THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF SUCH PAID MEMBERSHIP OR FEATURE WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM BY CALLING NANNY POSSE AT 919-726-6400, BY EMAILING AT memberships@nannyposse.com OR THROUGH YOUR ACCOUNT SETTINGS. At or near the time of each renewal, you authorize Nanny Posse to charge your selected payment method the then-current, applicable fee in accordance with the Paid Membership or Feature you selected. Upon cancellation, you will have access to the Paid Membership and/or Feature benefits until the end of the then current Paid Membership and/or Feature term, and the Paid Membership and/or Feature will not be renewed after that term expires. You will not be eligible for a refund of any portion of the Paid Membership and/or Feature fees paid for the then-current Paid Membership and/or Feature period, except as expressly provided in these Terms of Use. Nanny Posse is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Nanny Posse.
  1. Ancillary Support Services.Nanny Posse may offer ancillary support services, including without limitation concierge services, date night services and phone support services (collectively, “Ancillary Support Services”). Ancillary Support Services, including telephone and/or email communications with Nanny Posse and the subsequent receipt, acceptance and/or use of information in connection with Ancillary Support Services, are subject to these Terms of Use, and each use of Ancillary Support Services, including telephone communications with Nanny Posse and the subsequent receipt, acceptance and/or use of information in connection with Ancillary Support Services, whether by phone, email, or other medium or method, also constitutes a use of the Service subject to these Terms of Use. Nanny Posse provides Ancillary Support Services for informational purposes only and does not deliver any professional advice, recommendation, endorsement, direction or guidance. You further understand and agree that fees paid in connection with the Ancillary Support Services, if any, are for the delivery of information only and not for any advice, recommendation, endorsement, direction or guidance. Your receipt, acceptance and/or use of any information in connection with Ancillary Support Services is your further express understanding and agreement to be bound by these Terms of Use, including without limitation all limitations, disclaimers, releases and indemnities in these Terms of Use. You understand and agree that any transaction with another User following the receipt, acceptance and/or use of information is a transaction between Users and not with Nanny Posse. ANCILLARY SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. NANNY POSSE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE NANNY POSSE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARMS, LOSSES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE USE OF OR INABILITYTO USE THE ANCILLARY SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION THE RECEIPT, ACCEPTANCE AND/OR USE OF INFORMATION IN CONNECTION WITH ANCILLARY SUPPORT SERVICES.
  1. Prohibited Uses.The Service is for the use of individuals only and may not be used in connection with any commercial endeavors (other than the direct employment of caregivers) without the express written consent of Nanny Posse. The Service may not be used by any person or organization to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with Nanny Posse without express written permission from Nanny Posse. You agree not to use User Content in order to contact, advertise, solicit, or sell to others without their express consent.

You further agree not to collect User Content or any other information, materials or content obtained through the Service, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate information, materials or content, or any information obtained through use of the Service, using manual or automated means, including, but without limitation, screen scraping or web harvesting without express written permission from Nanny Posse. 

  1. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NANNY POSSE FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY NANNY POSSE IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ONLINE AND OFFLINE; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE SERVICE; (E) VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH BACKGROUND CHECKS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR AGE AND YOUR OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; (H) USE OF THIRD-PARTY SERVICES AND CONTENT; (I) USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTENT; (J) USE OF ANY INFORMATION IN THE BACKGROUND CHECKS INCLUDING WITHOUT LIMITATION IN VIOLATION OF FCRA; (K) USE OF THE PAYMENT SERVICE; (L) USE OF ANCILLARY SUPPORT SERVICES; (M) CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE OR ANY CONNECTIONS MADE THROUGH THE SERVICE; AND/OR (N) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT YOU WILL COOPERATE AS REQUESTED BY NANNY POSSE IN THE DEFENSE OF SUCH CLAIMS. NANNY POSSE RESERVES THE RIGHT TO ASSUME CONTROL OF THE DEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY SUCH CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF NANNY POSSE.
  1. Release. TO THE EXTENT PERMITTED BY LAW, YOU ALSO AGREE TO RELEASE NANNY POSSE FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO NANNY POSSE’S OWN NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE RELATING TO:
  • A. ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S ELIGIBILITY CONDITIONS;
  • B. ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS;
  • C. NANNY POSSE CONTENT AND ANY OTHER INFORMATION, MATERIALS AND CONTENT OBTAINED THROUGH USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ON THE COMPENDIUM, BLOG, FACEBOOK PAGES, TWITTER ACCOUNT, APP STORE AND IN THE APPS;
  • D. THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES;
  • E. USER CONTENT, INCLUDING WITHOUT LIMITATION ANY ACTS OF OR RELIANCE UPON OTHER USERS WITH RESPECT TO SUCH USER CONTENT AND/OR ANY COMMENTS MADE BY A USER ABOUT OTHERS;
  • F. BACKGROUND CHECKS; AND/OR
  • G. THE USE OF OR INABILITY TO USE THE ANCILLARY SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION THE RECEIPT, ACCEPTANCE AND/OR USE OF INFORMATION IN CONNECTION WITH ANCILLARY SUPPORT SERVICES.

This release does not include claims, suits, injuries, loss, harm or damages arising from Nanny Posse’s gross negligence or willful tortious conduct.

  1. Suspension and Termination.Nanny Posse may suspend and/or terminate your account for any reason or for no reason at all and with or without notice at Nanny Posse’s sole and absolute discretion. Suspension and/or termination may include restricting access to and use of the Service and may also include the deletion of the content associated with your account. You agree to make no further use of the Service or the Nanny Posse Content during suspension or after termination. Nanny Posse reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Service or the Nanny Posse Content during suspension or after termination. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

 

  1. Intellectual Property Rights of Service.Except for the license expressly granted in these Terms of Use, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in these Terms of Use are hereby reserved and retained by Nanny Posse. The Service, the Nanny Posse Content, and all information, materials, tools, code and content contained therein, including without limitation all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively “Proprietary Material”), are owned by Nanny Posse or its licensors or users and is protected by U.S. and international copyright law. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Nanny Posse also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Nanny Posse’s prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. In addition, the Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Nanny Posse and/or the relevant right holder. The service marks, trademarks, logos and trade names appearing on this Service are owned by Nanny Posse or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of Nanny Posse and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
  1. No Third-Party Beneficiaries.Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
  1. Modifications to the Service.Nanny Posse reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Nanny Posse shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
  1. No Joint Venture.You acknowledge that you are not legally affiliated with Nanny Posse in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use. As such, you shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Nanny Posse, except as provided herein or authorized in writing by Nanny Posse. Nanny Posse is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.
  1. Limitations on Use.In the interest of maintaining the performance and availability of the Service and in enforcing these Terms of Use, Nanny Posse reserves the right to place certain limitations on your access to the Service at any time and for any reason. You acknowledge and agree that this term supersedes any specific offer made by Nanny Posse and that these limitations may be enforced in Nanny Posse’s sole discretion. If you feel that these limitations are interfering with legitimate use of Nanny Posse in keeping with the Terms of Use, you shall refer this concern to Nanny Posse and abide by the determination of Nanny Posse.
  1. Third-Party Sponsors.If your Paid Membership to and use of the Service is paid for or subsidized or sponsored by a third party, including without limitation your employer (collectively, “Third-Party Sponsor”), then you agree to the following:

    (A)    Release of Third-Party Sponsor. You expressly agree to release Third-Party Sponsor from any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (i) the Service, including without limitation any acts and/or omissions of Users in any way using or having used the Service, and/or on or off the Sites; (ii) disputes between Users; (iii) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; (iv) any inaccuracy, untimeliness or incompleteness of information in any of the Background Checks or misstatements and/or misrepresentations made by any Users; (v) third-party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (vi) any misrepresentations regarding the age of any User; (vii) any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others; (viii) the use and sharing of any information in the Background Checks; (ix) Nanny Posse Content and any other information, materials and content on the Sites and/or obtained through use of the Services, including without limitation on the Compendium, Blog, Facebook pages, Twitter account, App Store and in the Apps; or (x) the use of Ancillary Support Services.

    (B)    Indemnification of Third-Party Sponsor. You agree to indemnify, defend, and hold harmless any Third-Party Sponsors, including without limitation Bright Horizons Family Solutions LLC, from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorneys’ fees and court costs, incurred by Third-Party Sponsor in any way related to your: (i) acts and/or omissions on or off the Sites or through any use of the Service; (ii) breach of these Terms of Use; (iii) disputes with or between other Users; (iv) use and/or misuse of the Service, including without limitation any information, content and/or materials on the Sites, Apps and/or provided through the Service; (v) violation of any applicable law or regulation; (vi) inaccurate, untimely, incomplete or misleading User Content, including without limitation with respect to registration, profile, Eligibility Conditions and information submitted in connection with Background Checks; (vii) misstatements and/or misrepresentations; (viii) use of links to third-party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (ix) User Content and any acts or omissions with respect to such User Content; (x) use of any information in the Background Checks; (xi) use of third-party payment processing services; (xii) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Sites and/or through any use of the Service; and/or (xiii) the use of Ancillary Support Services. You further agree that you will cooperate as requested by Third-Party Sponsor in the defense of such claims. Third-Party Sponsor 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 such claim or matter without the written consent of Third-Party Sponsor.

    (C)    Third-Party Sponsor Disclaimer of Warranties. THIRD-PARTY SPONSOR DOES NOT REPRESENT OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (I) THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (III) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITES OR THROUGH ANY USE OF THE SERVICE, OF ANY USERS; AND (IV) THE USE OF PHONE SUPPORT SERVICES. THIRD-PARTY SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. THIRD-PARTY SPONSOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. THIRD-PARTY SPONSOR SHALL NOT BE LIABLE FOR, AND YOU EXPRESSLY RELEASE THIRD-PARTY SPONSOR FROM, ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARMS, LOSSES AND/OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE.

    (D)    Third-Party Sponsor Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THIRD-PARTY SPONSOR BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

  1. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND NANNY POSSE CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NANNY POSSE DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; AND/OR (E) THE USE OF ANCILLARY SUPPORT SERVICES. NANNY POSSE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. NANNY POSSE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. NANNY POSSE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE NANNY POSSE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR NANNY POSSE CONTENT.
  1. Assumption of Risk.You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
  1. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL NANNY POSSE BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR NANNY POSSE CONTENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF NANNY POSSE TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NANNY POSSE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  1. Notice.Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail to the address listed below.
  1. Arbitration.Any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use or provision of the Service or these Terms of Use, shall only be resolved by binding arbitration and conducted in accordance with these Terms of Use and the Commercial Arbitration Rules and Arbitration Procedures of the American Arbitration Association (“AAA”) then in effect, which can be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800-778-7879. If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of the arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration. This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq. Arbitration shall be conducted before a single arbitrator chosen by Nanny Posse, and both you and Nanny Posse expressly waive entitlement, if any, to have any controversy, claim, suit, injury, harm, loss or damage heard before a court or a jury. The arbitrator will base the decision on the evidence presented and in accordance with these Terms of Use and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision will be final and binding upon all parties.

Any such controversy, claim, suit, injury, harm, loss or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms of Use or this arbitration provision unenforceable.

The arbitration shall be conducted in Wake County, North Carolina, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. Nanny Posse may seek any interim or preliminary relief from a court of competent jurisdiction in Wake County, necessary to protect its rights pending the completion of arbitration. You agree to submit yourself to the personal jurisdiction of the State of North Carolina.

Each party will pay its own attorneys’ fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. 

Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.

To commence an arbitration against Nanny Posse, you must file a case with the AAA. Instructions for filing a case with the AAA can be found on its website, http://www.adr.org. You must send a copy of any filing to Nanny Posse at:

Nanny Posse, LLC
Attn: Jasmine Berry

  1. Venue; No Class or Representative Actions.In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of the Service or these Terms of Use shall be any North Carolina State Court or Federal Court sitting in Wake County, and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding. You and Nanny Posse agree that any dispute is personal to you and Nanny Posse and that any such controversy, claim, suit, injury, harm, loss or damage shall be brought on an individual basis, and shall not be consolidated with any controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms of Use unenforceable.
  1. Contact.Nanny Posse may be contacted at:

By email:  general@nannyposse.com
By phone: 919726-6400
By mail: 30 North Circle Dr, Chapel Hill, NC 27516

  1. General Provisions. These Terms of Use constitute the entire agreement between User and Nanny Posse with respect to the Service. Failure by Nanny Posse to enforce any of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Service, shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to choice of law or conflict of laws rules. Any provision of these Terms of Use found to be invalid, illegal, or unenforceable shall be severed from the Terms of Use. The remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.