Unique Nannies Terms of Use
Last Modified: June 22, 2023
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Unique Nannies (“Unique Nannies,” “We,” or “Us”). The following terms and conditions (“Terms of Use”), govern your access to and use of the website (found at uniquenannies.com) including any content, functionality, and services offered on or through the website (the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, found at uniquenannies.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Unique Nannies. If you are not of legal age, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Application; Providing Information
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
• Making all arrangements necessary for You to have access to the Website.
• Ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.
To access some of the resources the Website offers, You may be asked to provide certain information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy found at uniquenannies.com/privacy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
You understand that Unique Nannies provides nanny placement services. As a result, some or all of the information You provide may be shared with other parties to facilitate the placement services, as further outlined in the Privacy Policy. By using our Website, You agree to this sharing of information. You understand that this sharing is without warranty. Unique Nannies may aggregate the results of all applications for internal business purposes or convert Your data to a different file type as necessary for internal business purposes or to provide the nanny placement services. You also acknowledge that once You have submitted Your application, that Unique Nannies may transmit Your information to potential family placements, and that request cannot be canceled. Unique Nannies does not guarantee that any potential family placement will receive, access, read or respond to any potential nanny, or that there will be no mistakes in the transmission of the data. However, Unique Nannies may alert You when any of the above events occur.
Further, by submitting Your information through the Website, You consent to a background check being conducted by Unique Nannies to evaluate Your fitness for placement.
As a potential nanny, You shall not provide any information that: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets or confidential information; or (iii) directly or indirectly violates these Terms of Use.
As furthered outlined in this Terms of Use, You are prohibited from providing false, misleading, or other not true information through the Website, or impersonate another individual. As necessary and for any reason, Unique Nannies reserves the right to deny Your application, block Your access to the Website, or otherwise take any action necessary as determined by Unique Nannies in its sole discretion. To the extent allowed under applicable law, You agree that Unique Nannies shall not be liable to You for any decision it makes concerning Your application or use of Your information to provide the nanny placement services.
Applying to be a potential nanny through the Website does not guarantee an interview, selection, or any action. Unique Nannies assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any potential placements. It is Your responsibility to review Your application and information provided to ensure that the content appears as You intend, and that it contains the right information or any information You intend to include or update. If You see any inaccuracy in any such material, it is Your responsibility to correct such information or to contact Unique Nannies to do so. It may take a few days for updates to be reflected. Unique Nannies assumes no responsibility and disclaims all liability for the information You provide on the application or other information You post, send or receive through the Website.
As a potential nanny, You agree that any rights You have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the families seeking a nanny.
Unique Nannies is not a third party beneficiary of or liable for any agreements between a family and potential nanny, regardless of whether or not Unique Nannies receives a fee in connection with the transaction. Unique Nannies will not be liable for any costs or damages arising out of or related to such transaction.
As further outlined in this Terms of Use, Unique Nannies assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Website or the placement services.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Unique Nannies, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for its intended use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download limited copies of pages of the Website for approved purposes and not for further reproduction, publication, or distribution.
You must not:
• Modify copies of any materials from this Website.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not access or use for any unintended purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to info@uniquenannies.com
All information on the Website was developed by and the property of Unique Nannies. If you print, copy, modify, download, or otherwise use or provide any other person access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Unique Nannies. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
User Conduct
You understand and agree that Unique Nannies may not review, audit, or otherwise verify the accuracy of your data. If you submit information to or through this Website, you are solely responsible for any information uploaded or entered. Unique Nannies is not responsible for any issues that may arise with respect to information provided by you or your affiliates. You also understand and acknowledge that you shall not use the Website for any use not authorized within this Terms of Use. You shall not provide any information other than your own or of others without their express consent.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Unique Nannies, a Unique Nannies employee, another user, or any other person or entity (including, without limitation, by using email addresses or other personal information associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Unique Nannies or users of the Website, or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Copy or reproduce any material on the Website without express prior written consent of Unique Nannies.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
• Take any action with respect to your use of the Website and concerning any information you provide that we deem necessary or appropriate in our sole discretion, including if we believe that such use of information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Unique Nannies.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS UNIQUE NANNIES AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UNIQUE NANNIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER UNIQUE NANNIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party on or through the Website. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements expressed in these materials, other than the content provided by Unique Nannies, are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Unique Nannies. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You may only link to the Website in accordance with any additional terms and conditions we provide. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking..
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any links at any time without notice in our discretion.
Links from the Website
The Website may contain links to other websites that are owned and operated by third parties. You acknowledge that Unique Nannies is not responsible for the operation of or the content located on or through any such third-party websites. An advertisement of, or link to, an unrelated third-party website does not mean that we approve, endorse or accept any responsibility for that website. Unique Nannies does not make any representations or give any warranties of any kind about other third-party websites, the content thereof, or the products and/or services made available through such websites. Before you use a third-party website, you should review the applicable terms and conditions and privacy policy of such third-party website.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code, or that the data you provide to Unique Nannies will be secure. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UNIQUE NANNIES NOR ANY PERSON ASSOCIATED WITH UNIQUE NANNIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER UNIQUE NANNIES NOR ANYONE ASSOCIATED WITH UNIQUE NANNIES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
UNIQUE NANNIES MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ITS SERVICES,
IN ADDITION, UNIQUE NANNIES NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO UNIQUE NANNIES.
TO THE FULLEST EXTENT PROVIDED BY LAW, UNIQUE NANNIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS WEBSITE IT ONLY INTENDED FOR USE BY INDIVIDUALS LOCATED IN THE UNITED STATES. UNIQUE NANNIES MAKES NO REPRESENATIONS OR WARRANTIES CONCERNING THIS WEBSITES LEGALITY, FITNESS, OR COMPLIANCE WITH LAWS OUTSIDE OF THE UNITED STATES. IF YOU USE THE WEBITE OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND WITHOUT WARRANTY.
Limitation on Liability and Exclusion of Certain Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNIQUE NANNIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE, ANY DATA PROVIDED THROUGH THE WEBSITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON ANY OPINIONS APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF UNIQUE NANNIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND FOR THE SERVICES AND PRODUCTS OFFERED ON THE WEBSITE AND FOR THE INFORMATION YOU PROVIDE BY USING THE WEBSITE. YOUR ONLY REMEDY AGAINST UNIQUE NANNIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE. THAT SAID, IF UNIQUE NANNIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, UNIQUE NANNIES’S LIABILITY SHALL NOT EXCEED $100.
Indemnification
You agree to defend, indemnify, and hold harmless Unique Nannies, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, for the data that you provide through the Website, or your use of the Website or the Website content or services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey, in each case located in Bergen County, New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Unique Nannie’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Unique Nannies of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Unique Nannies to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and Unique Nannies regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@uniquenannies.com.