The online resource for families
Welcome to nannyscircle.com (the “Website”). nannyscircle.com has been developed to build an online community to help our users reach goals, provide structure, offer organizational assistance, and lead a healthy lifestyle.
This Website is owned and operated by Nanny’s Circle, LLC, a North Carolina Limited Liability Company located at 360 Cane Creek Rd, Fletcher, NC 28776. If you have any questions relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Nanny’s Circle, LLC by email at email@example.com. Nanny’s Circle, LLC would like you to be aware of the rules that will govern your use of the Website.
Your access to and use of this Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Nanny’s Circle, LLC are superseded and of no force or effect.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU ARE UNDER THE AGE OF MAJORITY (AS DEFINED HEREIN) IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. NANNY’S CIRCLE, LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THIS SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THIS SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.
This User Agreement (the “User Agreement”) is a contract between you and Nanny’s Circle, LLC and applies to all users of this Website. In this User Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian. Unless otherwise stated, “Nanny’s Circle, LLC”, “we” or “our” refers to Nanny’s Circle, LLC, a North Carolina Limited Liability Company, and its successors and assigns.
We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to access or use the Website. However, note that no changes to this User Agreement that we may make in the future will shorten the balance of your Registration Period (as hereafter defined) at the time of amendment.
Registration and Your Account
Certain products, services, information and materials provided by Nanny’s Circle, LLC through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, “Public Materials”). Other products, services, information and materials provided by Nanny’s Circle, LLC through this Website, require registration in order to be accessed and/or used by you (collectively, “Member Materials”). This User Agreement applies equally to the use and access of Public Materials and Member Materials.
When you register at this Website, you will be asked to make up a username or given a generated username and password (collectively, your “Account”) to access the Member Materials. When choosing your username, DO NOT use personal information (for example, your first name or surname) that can identify who you are.
After you provide us with your username and password, we will also collect answers about you that will help us identify you in case you forget your password in the future.
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE NANNY’S CIRCLE, LLC MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE NANNY’S CIRCLE, LLC GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
Nanny’s Circle .com offers information for informational and educational purposes only. The information on this site is not a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult with your physician or other qualified health-care professional or educational consultant for questions about the health and education or your, your child, and family members. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you have read on nannyscircle.com.
The use or reliance of any information on the Nanny’s Circle site, whether provided by Nanny’s Circle, its employees, or others appearing on the site at the invitation of Nanny’s Circle, is solely at your own risk. The Nanny’s Circle site and the content on it are provided on an “as is” basis.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately. Nanny’s Circle does not recommend or endorse any specific treatment, medication, tests, physicians, products, procedures, opinions, or any other information that may be included on this site.
Information, strategies, techniques, and statements regarding behavioral interventions have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or disorder.
Certain health or medical material on this site may be explicit. Please do not use this site if you would find these materials offensive. Developments in medical research may affect the information that appears here. No assurance can be given that the information contained in this site will always include the most recent findings or developments in the fields under discussion.
Nanny’s Circle, LLC makes no guarantees that use of the tools on nannyscircle.com will have the same results for all users.
Nanny’s Circle, LLC may alter this site at any time without notice but does not assume any responsibility to update it. While Nanny’s Circle, LLC strives to include accurate and current information, we make no representations or warranties, express or implied, as to the accuracy or completeness of the information provided on this Web site and disclaim any liability for the use of this site or any site linked to it. Specifically, Nanny’s Circle, LLC will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on the Site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Nanny’s Circle, LLC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. In addition, Nanny’s Circle, LLC does not warrant that this website or the servers that make this website and its contents available will work with any particular hardware or software systems or configurations or are free of viruses or other harmful components.
All users agree that all access and use of this Web site and on any Web site linked to from this site and the content thereof is at their own risk. Neither Nanny’s Circle, LLC nor any other party involved in the production, creation, or delivery of this Web site or on any Web site linked to from this site shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this Web site, or any Web site linked to from this site, or any errors or omissions in the content thereof. The Information may contain technical inaccuracies or typographical errors. Nanny’s Circle, LLC reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such information, at any time without notice.
Neither Nanny’s Circle, LLC nor any other party involved in the production, creation, or delivery of this Web site or on any Web site linked to from this site shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of any errors on this Web site, including, but not limited to, technical errors, software errors, program errors, Internet errors, programming errors, or user errors, during your use or inability to use this Web site, or any Web site linked to from this site. Nanny’s Circle, LLC reserves the right to make changes, additions, corrections and/or improvements to the tools, products, and programs used in this Web site at any time without notice.
Nanny’s Circle, LLC does not warrant that this website, the Nanny’s Circle, LLC materials, or any website to which this website is linked will be available at any particular time, will be provided in an uninterrupted or error-free manner or will be corrected if found to be defective. We reserve the right to modify and/or discontinue this website at any time without notice. To the extent that you communicate with Nanny’s Circle, LLC’s customer service department or a Nanny’s Circle, LLC representative through any source the statements, promises or actions taken by such sources shall not limit or otherwise modify the terms of this disclaimer and/or this user agreement and this disclaimer and this user agreement shall apply to any information provided to you through such sources.
Finally, Nanny’s Circle, LLC does not warrant or make any representations regarding the use of the results of this Website or the Nanny’s Circle, LLC materials in terms of their correctness, accuracy, reliability, timeliness or otherwise. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of this website and any Nanny’s Circle, LLC materials rests with you and you assume the entire cost of all necessary servicing, repair, or correction to any products ordered by you through this website. If your use of this website or the Nanny’s Circle, LLC materials results in the need for servicing, updating or replacing your equipment or software, you and not the Nanny’s Circle, LLC are responsible for those costs. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.
Links to this Site are permitted only to the home page. Deep linking is equally prohibited.
Framing of this Site by sites or site elements of parties not part of the Nanny’s Circle, LLC is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of the Nanny’s Circle, LLC group is equally prohibited.
Links to Other Websites
While Nanny’s Circle, LLC may provide links to this Website and other websites owned and/or operated by Nanny’s Circle, LLC or unaffiliated third parties, these sites are not part of this Website, and each has a different user agreement. In addition, to the extent such linked websites are not owned or operated by affiliates of Nanny’s Circle, LLC, these sites also have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links. Nanny’s Circle, LLC is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Nanny’s Circle, LLC of the website linked to. Nanny’s Circle, LLC assumes no responsibility for any material outside of this website which may be accessed through such links. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked website and we do not control the information and materials accessed from such third party websites. Furthermore, the trademarks used in connection with such third party websites are not trademarks of Nanny’s Circle, LLC.
Nanny’s Circle, LLC reserves the right to interrupt or discontinue any or all of the functionality of its Site. The Nanny’s Circle, LLC entity controlling this Site accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Site, whether the result of actions or omissions of an entity of the Nanny’s Circle, LLC or a third party.
You may not distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without the express written consent of Nanny’s Circle, LLC. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Nanny’s Circle, LLC. Nanny’s Circle, LLC neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Nanny’s Circle, LLC.
With the exception of the foregoing limited authorization, no license to or right in any copyright of Nanny’s Circle, LLC or of any other party is granted or conferred to you.
The Nanny’s Circle, LLC Internet sites may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Nanny’s Circle, LLC, its affiliates and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Nanny’s Circle, LLC, its affiliates and/or other parties is granted to or conferred upon you.
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, EStore items, Public Materials, Member Materials, and access codes together with all digital images activated by such codes, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Nanny’s Circle, LLC Materials”) are the property of Nanny’s Circle, LLC, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Nanny’s Circle, LLC Group”), and are protected, without limitation, by US and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Nanny’s Circle, LLC Materials on any other website or networked computer environment is prohibited.
This User Agreement grants to you a limited license to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this license is limited to the display of the Nanny’s Circle, LLC Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Nanny’s Circle, LLC Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Nanny’s Circle, LLC Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Nanny’s Circle, LLC Materials other than as expressly permitted by us.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Nanny’s Circle, LLC Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Nanny’s Circle, LLC or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Nanny’s Circle, LLC or its licensors.
If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Nanny’s Circle, LLC keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Nanny’s Circle, LLC has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or this entire Website, including hours of availability; and (iii) to restrict access to parts or this entire Website from time to time with or without notice to you. Nanny’s Circle, LLC may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Internet service, monitor resolution of 1024X768, and the following minimum supported browsers: Windows: Internet Explorer 6 or Firefox 1.0, or Firefox 1.5. These requirements may change and such changes will be posted on this Website.
This privacy notice discloses the privacy practices for www.nannyscircle.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email, online forms into which you enter information, or other direct contact from you. We will not sell or rent this information to anyone. Any information, communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Nanny’s Circle, LLC or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Nanny’s Circle, LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
Although Nanny’s Circle, LLC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Nanny’s Circle, LLC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Nanny’s Circle, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Nanny’s Circle, LLC to disclose the identity of anyone posting any such information or materials.
We take precautions to protect your information. Credit card information collected is not maintained or stored on this site but rather a third party secured site. Nanny’s Circle, LLC bears no responsibility whatsoever for credit card information transmitted through and to a third party portal. At times, some personal information may be volunteered by you such as address and telephone information when you request other information. This information is stored on a secured server and is protected offline.
Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.
We will use your username and password to identify you when you return to our Website. If you forget your username or password, you may not be able to access the Member Materials. We recommend you print a copy of your Account Summary since it records this information.
You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (i) immediately notify Nanny’s Circle, LLC of any unauthorized use of Your Account or any other breach of security, and (ii) ensure that you exit from Your Account at the end of each session. Nanny’s Circle, LLC will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in disclosure of your personal information.
Products and Services
Nanny’s Circle, LLC Internet sites may contain information on its worldwide products and services, not all of which are available in every location. A reference to a Nanny’s Circle, LLC product or service on a Nanny’s Circle, LLC Internet site does not imply that such product or service is or will be available in your location. You should rely on product information especially created for your location. That information can be found on the Internet sites of the Nanny’s Circle, LLC affiliates in your location.
Registration Period & Payment
Your Account on this Website is valid for one (1) month following the date that you register on this Website unless you terminate earlier in accordance with this User Agreement. To insure constant, reliable service, your account will automatically renew for this period and any period which results from such extension or renewal as described below. Whichever period is then current shall be referred to as the “Registration Period”.
At the end of your Registration Period, your credit card will be automatically charged for one (1) month of continued service and will automatically reset your Registration Period at one (1) month. Your renewed Registration Period will commence upon the expiration of your existing Registration Period. Renewal periods and renewal fees are set by Nanny’s Circle, LLC in its discretion and are subject to change.
From time to time, promotional offers may become available and referred to as “Trial Accounts.” Trial Accounts allow you to use the Website for a specific period of time designated during your registration for a Trial Account at no charge to your credit card. If you accept a Trial Account and access the Website on a Trial Account, either a customer service representative or the Website will request your credit card information at the time of registration for the Trial Account. At the end of your Trial Account period, which may vary, your credit card will be automatically charged the current and applicable renewal fee and your Registration Period reset at one (1) month. Service renewal will be done automatically or otherwise for additional periods of time at the end of the current Registration Period unless you terminate earlier in accordance with this User Agreement. If you renew your Registration Period in this way at any time during the existing Registration Period, then your new Registration Period will commence upon the expiration of your existing Registration Period. Renewal periods and renewal fees are set by Nanny’s Circle, LLC in its discretion and are subject to change.
You may terminate your account at any time by calling (828) 490-4447 between 9 am and 6 pm Eastern Time Zone, Monday through Friday, or by emailing firstname.lastname@example.org. If you terminate your Account prior to the end of your then-current Registration Period as discussed above, Nanny’s Circle, LLC will terminate automatic renewal charges to your credit card. No refunds will be issued for the current month of the Registration Period.
You may reactivate your Account within the next six months: (i) for a further period of one (1) month from the date of reactivation by registering; or (ii) for a further period equal to the length of the renewal period selected by you upon payment of the then current and applicable renewal fee, if available. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on this Website.
This Website is designed for you to register yourself and your family members using your original username and password. We strongly recommend that you register your participating family members using your original username and password so that you can take full advantage of all of the features that we have on this Website. If, by mistake, you register a new family member using a different username and password, a new Account will be created. Accounts are separate. This means that you can only use the features of this Website on an account-by-account basis. Renewing, extending or resetting one Account does not renew, extend or reset any other Account that you may have on this Website.
User Accounts, usernames and passwords are not transferable, even between your own Accounts, and similar to digital items and Nanny Points, have no retail value and are not redeemable for cash. You may be able to gift Nanny Points, or other digital items or rewards that you may earn on this Website through the Nanny function except as otherwise prohibited by Website rules and functions.
Suspension or Termination of Account
Nanny’s Circle, LLC reserves the right to suspend any Account that has been inactive for six (6) months or more. If your Account has been suspended for inactivity, you may reactivate it, as long as your Registration Period has not expired. Reactivation may take up to 24 hours to complete.
In addition, Nanny’s Circle, LLC may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event (i) it determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of Nanny’s Circle, LLC or other third parties, or (ii) Nanny’s Circle, LLC determines to cease its operations and/or its provision of any applicable products or services in connection with this Website.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Any parties who request this User Agreement and all communications and documents relating hereto will be expressed in the English language. You further acknowledge and agree that all communications and documents between you and Nanny’s Circle, LLC with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from Nanny’s Circle, LLC shall be the legal equivalent of written communications.
User Code of Conduct
The Website is provided by Nanny’s Circle, LLC and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website.
Users of this Website must not:
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE NANNY’S CIRCLE, LLC GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE NANNY’S CIRCLE, LLC MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE NANNY’S CIRCLE, LLC GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, NANNY’S CIRCLE, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE NANNY’S CIRCLE, LLC GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE NANNY’S CIRCLE, LLC MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100. NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, NANNY’S CIRCLE, LLC DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY NANNY’S CIRCLE, LLC’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF NANNY’S CIRCLE, LLC.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE NANNY’S CIRCLE, LLC GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE NANNY’S CIRCLE, LLC GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH NANNY’S CIRCLE, LLC IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Jurisdictional Issues and Dispute Resolution
This Website is controlled, operated, hosted and served by Nanny’s Circle, LLC in North Carolina, USA. Nanny’s Circle, LLC’s offices are located in Asheville, NC. If you choose to access and use this Website from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. This User Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina, and the laws of the United States, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of the United States, located in Asheville, North Carolina, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this User Agreement shall be English. This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.
This Website is owned and operated by Nanny’s Circle, LLC, a North Carolina based company, which is located at 2000 Riverside Drive, 10B, Asheville, NC, 28804. If you have any questions or concerns relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Nanny’s Circle, LLC by email at email@example.com. Should Nanny’s Circle, LLC be unable to resolve the issue, the following rules may apply to the dispute.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.
Mandatory Arbitration — YOU AND NANNY’S CIRCLE, LLC AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR NANNY’S CIRCLE, LLC MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR NANNY’S CIRCLE, LLC MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (“NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: NANNY’S CIRCLE, LLC, ATTN: GENERAL COUNSEL, 2000 RIVERSIDE DRIVE, 10B, ASHEVILLE, NORTH CAROLINA, USA 28804. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS USER AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OF THE UNITED STATES OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THIS AGREEMENT. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE ASHEVILLE, NORHT CAROLINA, USA.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES ARBITRATOR OR, OTHERWISE, ARBITRATOR SELECTED BY THE AAA. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE. YOU AND NANNY’S CIRCLE, LLC FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS USER AGREEMENT, YOU AND NANNY’S CIRCLE, LLC ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND NANNY’S CIRCLE, LLC BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND NANNY’S CIRCLE, LLC BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
While the Internet offers a wealth of information for your children, your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. nannyscircle.com requires parental supervision to be effective.
Furthermore, your continued diligence and online supervision can teach your children to visit developmentally/age appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
Effective Date July 06, 2008.
Nanny’s Circle and Nanny’s Circle, and all character names and game names are trademarks owned by NANNY’S CIRCLE, LLC, some of which are registered in the U.S. and other countries. Relax, Nanny’s here, Who’s Your Nanny, and Give Nanny 20 minutes, are trademarks of Nanny’s Circle, LLC. Copyright © 2008 NANNY’S CIRCLE, LLC — ALL RIGHTS RESERVED.