Terms & Conditions

Terms & Conditions

This Agreement governs the use of the services (the "Service") offered by Nannies of the Rockies LLC (“NanniesoftheRockies.com”) at the NanniesoftheRockies.com Web Site (the "Site" shall herein refer to NanniesoftheRockies.com). Please read this Agreement before using the Site. Use of the Site constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement. If you object to anything in this Agreement or the Privacy Policy, do not use the Site or the Service.

ACCEPTANCE OF TERMS OF USE AGREEMENT

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by NanniesoftheRockies.com from time to time, such modifications to be effective upon posting NanniesoftheRockies.com on the Site. This Agreement includes NanniesoftheRockies.com Privacy Policy. By accessing the Site or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.

COMMUNICATION PLATFORM

NanniesoftheRockies.com connects Providers and Recipients. NanniesoftheRockies.com is a communications platform for enabling the connection between individuals seeking services ("Recipients") and/or individuals seeking to provide services ("Providers") (collectively, "Users"). Users do hereby represent, understand and expressly agree that NanniesoftheRockies.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Recipients. Users of the Site contract between themselves. In no way is NanniesoftheRockies.com involved in transactions for care services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. Because we are not involved in the actual contact between Users, in the event that you have a dispute with one or more users, you release NanniesoftheRockies.com (and officers, directors, agents, investors, subsidiaries and employees respectively thereof) from claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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 domestic personnel candidates to satisfactorily fill listed jobs, prospective employers’ ability to employ domestic personnel for the jobs they have listed, or the truth or accuracy of any listing. We cannot give any assurance that a domestic personnel candidate or employer will perform or pay for any services.

NO WARRANTY

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.

ASSUMPTION OF THE RISK

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.

ELIGIBILITY

This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense, or for anyone with an open police investigation, which involves a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, open police investigations, experience and/or eligibility for employment in the jurisdiction of the United States of any User of this Site is not the responsibility of NanniesoftheRockies.com. Any such misstatements and/or misrepresentations are grounds for immediate termination from the Site and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. NanniesoftheRockies.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any User of this Site. Users do hereby represent, understand and agree to hold NanniesoftheRockies.com harmless for any misstatements and/or misrepresentations made by any Users of this Site.

ACCOUNT

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. Our services are available only to individuals who can form legally binding contracts under applicable law. 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.

LIMITED LICENSE

The Site grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement.

CONTENT & SUBMISSIONS

You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. NanniesoftheRockies.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. The Service may include certain interactive features that allow users to post, transmit and receive messages or content to discussion forums, newsgroups, chat areas, calendars or other online channels ("Communications"). 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.
In making any Communication, you irrevocably grant our Service, any affiliates and sublicensees, the worldwide, perpetual, royalty-free, sub-licensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Service and to make such incidental and additional uses as may be needed to operate the Service and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Service generally, including your own Communications.

Placement or employment agencies, of any kind, are not allowed under any circumstances to register directly or indirectly with our Service or otherwise make any use of our Service. Our Service has a zero tolerance and a strong enforcement policy on all cases of prohibited use of the service by employment or placement agencies.

USING CONTENT & SERVICE

This Service may contain an assortment of information, data, software, images, video clips, music, links, logos and other material ("Material") that are the copyright, trademark or other intellectual property of the owners of this Service or third-party suppliers. The Material in this Service is copyrighted individually and as a collective work. All rights are reserved. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Material remain intact and legible. Any licenses granted by this Agreement are non-exclusive.

All content, communications, software applications, digital products, updates and features of this Site 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) domestic personnel and prospective domestic personnel seeking employment and/or career information for their own direct personal use and (ii) employers seeking to employ one or more domestic personnel for their own direct personal use. 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.

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.

LIABILITY

All Users do hereby expressly agree not to hold NanniesoftheRockies.com or respective agents, assigns, representatives, advertisers or employees thereof liable for any instruction, advice, act, omission, or services delivered which originated through the Site and NanniesoftheRockies.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

NanniesoftheRockies.com will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to hold NanniesoftheRockies.com harmless for any claim or controversy that may arise from any disputes between Users of the Site. The Site will use its "best efforts" to monitor User profiles, actions, comments, and general usage of the Site and suspend privileges to any User not adhering to policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any Users to NanniesoftheRockies.com immediately by notifying NanniesoftheRockies.com of the same via electronic correspondence at Nanniesoftherockies.com

INDEMNIFCATION

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.

OUTAGE POLICY

We are not responsible for any outage or disruption in your use of the Service, including, without limitation, any system outages.

DISPUTES AMONG USERS

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 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.

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.

COPPA COMPLIANCE

Users should monitor children's use of the Internet. The Service is intended for people 18 or older. We have also made an effort to specifically limit the Site appeal to people of age 18 or older. NanniesoftheRockies.com will not knowingly collect any information from children under 13. You must identify your age during the registration process. NanniesoftheRockies.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We are also supporters and maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provide any false information to us when using this Site, your membership will be terminated immediately.

FEES

Current fees may be obtained online at NanniesoftheRockies.com website. Features may require the payment of a subscription fee or other charge. For subscription features, you agree not to allow your account to be used by other persons, including, without limitation, family, co-workers and friends. Timely payment of all published fees and charges are required. The Service may suspend or terminate your account and access to services or features upon failure to pay applicable fees or charges. The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.

NO REFUNDS

No Refunds of any Fees will be given of any reason.

EXTERNAL 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.
SPECIFIC PROHIBITED USES
The Site may be used only for lawful purposes by: (i) individuals seeking employment as sitters or nannies and (ii) employers seeking to employ one or more sitters or nannies. NanniesoftheRockies.com specifically prohibit any use of the Site, and all users agree not to use the Site, for any of the following purposes:
• Posting any incomplete, false or inaccurate biographical information or information which pertains to any Person.
• Deleting or revising any material posted by any other Person.
• Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
• Taking any action which imposes an unreasonable or disproportionately large load on this Site’s infrastructure.
• Disclosing to or sharing with a Person who is not an authorized User a password by which such non-authorized User may gain access to any non-public area of this Site.
• Using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third-party web browsers (e.g., Google Chrome, Microsoft Edge).
• Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising, available on, or in any way making up a part of the Site.
• Aggregating, copying or duplicating in any manner any of the Site Content.
• Framing of or linking to any of the Site Content
• Violate any law or regulation (including, without limitation, immigration laws, employment laws, securities laws, export laws and technology transfer laws)
• Post any information that is defamatory, harassing or patently offensive or that contains any obscene material (including, without limitation, child pornography)
• 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.
• Advertise other web sites, services or match-making services
• Link to any content or service that violates this Agreement
The Site has the right to remove any listing or communication and suspend or terminate any Person that violates the forgoing provisions or otherwise engages in behavior that we in our sole judgment consider 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 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.

SYSTEM SECURITY

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.

PRIVACY POLICY

The Privacy Policy located on this Site, as modified by NanniesoftheRockies.com from time to time, shall govern any disclosure or use of User’s personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.

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.

NO PROFESSIONAL RELATIONSHIP

THIS SERVICE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE. ALL INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS.

FORCE MAJEURE

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.

JURISDICTION

You agree that the Service operates solely in Boulder County, Colorado. You are using the Internet or public carrier as your local agent to take delivery of any information, products or services in Boulder County, Colorado. All operations, services, deliveries, performance and contacts of our Service occur solely in Boulder County, Colorado. The Service does not submit to personal jurisdiction anywhere other than Boulder County, Colorado and you irrevocably waive any claim to the contrary.

INJUNCTIVE RELIEF

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.

GOVERNING LAW

Without regard to conflicts of law principals, this Agreement shall be governed by and construed in accordance with the substantive laws of Colorado. All legal action shall be initiated and maintained in Boulder County Colorado. You irrevocably consent to exclusive personal jurisdiction and venue therein. We make no warranties and have limited our liabilities. Should you 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. You agree that if the Service is the prevailing party, you shall pay all costs, including, without limitation, reasonable legal fees. To enforce this Agreement or our rights, you agree to have legal notices and papers sent to you by electronic mail at your stated address.

RELIANCE ON INFORMATION

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

The Service shall have 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. Users may suggest ways to improve the Service. You authorize the Service to use any suggestion and to publish your name in connection with the submission. No compensation will be paid for suggestions used.

ADDITIONAL TERMS OF USE

Some areas of the Site are subject to additional terms of use. By making any use of such areas, you agree to be bound by such additional terms of use.

TERMINATION

At any time with or without cause and regardless of the stated registration period otherwise applicable either party may terminate this Agreement in their sole discretion. The Service shall have the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Protections afforded to the Service and to third parties by this Agreement shall survive termination.

SOFTWARE TECHNOLOGY

The software technology employed to operate the Site has been independently developed, is proprietary and the sole property of Nannies of the Rockies LLC. The software may not be duplicated for any use without the express written permission of Nannies of the Rockies LLC respectively.

ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boulder, Colorado and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Site may seek any interim or preliminary relief from a court of competent jurisdiction in Boulder, Colorado, necessary to protect the rights of property for you or NanniesoftheRockies.com pending the completion of arbitration.

NO WAIVER OF RIGHTS

Failure by the Site to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of Colorado, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms of Use or use of the Site, other than action for a specific performance or an injunctive relief brougt by NanniesoftherRockies.com, shall be exclusively brought in the federal, state or local courts located in Boulder, Colorado; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and NanniesoftheRockies.com with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of NanniesoftheRockies.com and respectively successors and assigns.

MISCELLANEOUS

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself 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 the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Colorado (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Boulder, Colorado. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between NanniesoftheRockies.com and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by NanniesoftheRockies.com with respect to the subject matter except as set forth herein.
COPYRIGHT NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting NanniesoftheRockies.com (addresses identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
NanniesoftheRockies.com contact information for copyright issues relating to the Site are as follows:

Nannies of the Rockies LLC
PO Box 3097
Boulder, CO 80307
Phone: 303-513-7733
Contact: nanniesoftherockies.com

In an effort to protect the rights of copyright owners, NanniesoftheRockies.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of the Site who are infringers.