Executive Nannies Ltd Terms of Use

This website is produced by Executive Nannies Ltd. These terms of use contain important information and describe your rights and responsibilities; please read them carefully.

1. Purpose and Effect of this Agreement

THIS AGREEMENT IS LEGALLY BINDING AND SETS OUT THE RIGHTS AND OBLIGATIONS OF BOTH Executive Nannies Ltd ("Executive Nannies Ltd" "WE" OR "US") AND YOU, IN RELATION TO THE YOUR USE OF THE SITE AND THE SERVICES OFFERED THROUGH THE SITE (THE "SERVICES"). BY REGISTERING WITH US AND/OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Executive Nannies Ltd MAY AMEND THIS AGREEMENT FROM TIME TO TIME. ANY CHANGES WE MAKE WILL BE EFFECTIVE SEVEN (7) DAYS AFTER NOTICE OF ANY CHANGE IS PROVIDED TO YOU, WHICH MAY BE DONE BY MEANS INCLUDING, WITHOUT LIMITATION, A POSTING ON THE SITE OR VIA ELECTRONIC MAIL. IF YOU OBJECT TO ANY SUCH CHANGES, YOU MUST NOTIFY US PRIOR TO SUCH CHANGES COMING INTO EFFECT, AND FROM THE DATE WHEN THE CHANGES TAKE EFFECT YOU MUST CEASE TO USE THE SITE. YOUR USE OF THE SITE AFTER NOTICE IS PROVIDED TO YOU WILL BE DEEMED AN ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE AWARE OF, READ AND UNDERSTAND ANY AMENDMENTS TO THIS AGREEMENT. UPON OUR REQUEST, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

2. Privacy

In order to use certain parts of the Site, you may be asked to supply personal data. Our policy with respect to the collection and use of your personal data is set forth in the Privacy Policy. By agreeing to this Agreement, you consent to our use of your personal data as set forth in that Policy.

3. Misuse and Prohibited Uses of the Site

3.1 Misuse of the Services
We reserve the right to suspend or terminate your use of the Site in the event that we determine, in our sole discretion, that your conduct breaches any of the provisions of this Agreement, including, without limitation, the provisions set forth below.

3.2 Prohibited Uses
You are responsible for ensuring that your use of the Site is in compliance with any applicable laws or regulations. You agree not to

1. Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access.
   
2. Post, store, or transmit any unlawful, threatening, defamatory, indecent, obscene, menacing, pornographic, profane, or otherwise objectionable (as determined by us) information or material, or any information or material that could constitute or encourage racial prejudice or hatred or conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
3. Post or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose.
4. Misuse any e-mail function available on or through the Site. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, "spam," chain letters, "mail bombs," or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
5. Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
6. Use the Site for any unlawful purposes; or
7. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.

4. Feedback

BECAUSE WE HOST A "Contact Us" FUNCTION ON THE SITE AND THEREFORE MAY RECEIVE MATERIAL FROM YOU, WE NEED TO OBTAIN CERTAIN RIGHTS IN THOSE MATERIALS. BY SENDING OR TRANSMITTING TO US CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS, INFORMATION, OR OTHER MATERIALS (COLLECTIVELY, "MATERIALS"), OR BY POSTING SUCH MATERIALS TO ANY AREA OF THE SITE, YOU GRANT US AND OUR DESIGNEES A WORLDWIDE, NON-EXCLUSIVE, SUBLICENSABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE RIGHT TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, SUCH MATERIALS IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO THE PROVIDER OF THE MATERIALS.

5. Services

Your use of certain Services on the Site may be governed by additional rules, which are available on the entry page for the relevant Service or by hyperlink to other sites. By using any Service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the Services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all Services is solely at your risk.

6. Links to Other Websites

The Site may contain links to other websites or resources. We neither control nor endorse such other websites, unless specifically stated, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

7. Disclaimers

THE SITE, THE MATERIALS AND CONTENT, AND ANY SERVICE OBTAINED OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS OR TERMS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Executive Nannies Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, WHETHER COLLATERAL, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, TERMS AND CONDITIONS AS TO FITNESS FOR PURPOSE, DESCRIPTION, QUALITY AND THE USE OF REASONABLE SKILL AND CARE. Executive Nannies Ltd DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ADEQUATE, ACCURATE, COMPLETE OR CURRENT. NO OPINION, ADVICE, OR STATEMENT OF Executive Nannies Ltd OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER YOUR STATUTORY RIGHTS ARE NOT AFFECTED. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO." PLEASE NOTE THAT UNDER IRISH LAW THE IMPLIED CONDITION AND WARRANTY AS TO TITLE MAY NOT BE EXCLUDED.

8. Ownership and Restrictions on Use

All material within the Site is the property of Executive Nannies Ltd and/or its affiliates, suppliers, advertisers, or agents or sponsors. Except for a single copy made for personal use only, you may not reprint, republish, resell, or redistribute these materials in any form or manner without the express written permission of the owner(s) of the material. Executive Nannies Ltd does not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe rights of third parties.
"executivenannies.com", Executive Nannies Ltd and the Executive Nannies Logo are trademarks and/or service marks of Executive Nannies Ltd. All other trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, and/or trade name of Executive Nannies Ltd or its affiliates, suppliers, advertisers, or agents or sponsors.

9. Limitation of Liability

9.1 WITHOUT LIMITING THE FOREGOING, Executive Nannies Ltd EXPRESSLY EXCLUDES ANY LIABILITY FOR ANY OF THE FOLLOWING: (A) FRAUD BY ANY USER OF THE SITE OR THIRD PARTY, INCLUDING (BUT WITHOUT LIMITATION) ANY CREDIT CARD FRAUD PERPETRATED IN CONNECTION WITH THE PURCHASE OF SERVICES; (B) ANY MISREPRESENTATION BY A THIRD PARTY (WHETHER INNOCENT OR FRAUDULENT) MADE IN RESPECT OF ANY SERVICES; (C) ANY FAILURE BY Executive Nannies Ltd TO ENSURE THAT IT DOES NOT BREACH ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY; (D) ANY LINK ON THE SITE TO ANY OTHER WEBSITE OR PART OF THE INTERNET; AND (E) LOSS OR DAMAGE CAUSED BY DELAY OR ERRORS IN OR THE DOWNTIME OF THE SITE (OR SERVERS) OR THE SERVICES, OR RESULTING FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET OR A THIRD-PARTY TELECOMMUNICATION SERVICE, EVEN IF Executive Nannies Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, PROVIDED THAT NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT OR EXCLUDE ANY LIABILITY ON THE PART OF Executive Nannies Ltd WHERE AND TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH EXCLUSION OR LIMITATION. IN PARTICULAR, IF YOU ARE A CONSUMER, YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
NEITHER Executive Nannies Ltd NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE (OR ANY, SERVICES AND/OR CONTENT CONTAINED WITHIN THE SITE) IS TO STOP USING THE SITE.
NOTHING IN THIS AGREEMENT: (A) LIMITS Executive Nannies Ltd LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM Executive Nannies Ltd NEGLIGENCE; OR (B) OPERATES TO LIMIT OR EXCLUDE LIABILITY FOR ANY FRAUD OR FRAUDULENT MISREPRESENTATION BY EITHER PARTY.

9.2 YOU HEREBY AGREE TO INDEMNIFY AND KEEP INDEMNIFIED Executive Nannies Ltd FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, CLAIMS (INCLUDING REASONABLE LEGAL FEES) RESULTING IN ANY WAY FROM YOUR USE OF THE INFORMATION AND MATERIAL POSTED ON THE SITE OR RESULTING FROM ANY BREACH OF THESE TERMS WHETHER SUCH BREACH IS CARRIED OUT BY YOU, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.

9.3 USE OF THE SITE AND THE PROVISIONS OF THE TERMS OF USE INCLUDING ALL TERMS, CONDITIONS, EXCLUSIONS AND LIMITATIONS SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF IRELAND. THE COURTS OF IRELAND SHALL HAVE EXCLUSIVE JURISDICTION OVER ALL CLAIMS OR DISPUTES ARISING IN RELATION TO, OUT OF OR IN CONNECTION WITH THESE TERNS OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE AND ITS USE.

10. General

10.1 Termination

This Agreement shall remain effective until terminated in accordance with its terms, Executive Nannies Ltd may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement.

10.2 Jurisdiction

THOSE WHO CHOOSE TO ACCESS THE SITE DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS APPLICABLE TO THEM. We reserve the right to limit the availability of the Site and/or the provision of any Service described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Service that we provide.

10.3 Changes to the Site

THEExecutive Nannies Ltd MAY AT ANY TIME, WITHOUT PRIOR NOTICE (A) CHANGE OR ELIMINATE ANY COMPONENT OF THE SITE, AND/OR (B) IMPOSE, REMOVE, OR CHANGE ANY FEES OR CHARGES FOR USE OF THE SITE OR ANY FEATURE, INCLUDING ANY SERVICE, THEREOF.

10.4 Miscellaneous

Executive Nannies Ltd shall be entitled to assign, transfer or subcontract any or all of its rights, benefits or obligations under this Agreement. If we exercise this right, we shall name the assignee, transferee or subcontractor on the Site.
You may not without the written consent of Executive Nannies Ltd assign or dispose of any or all of your rights and obligations under this Agreement. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
It is agreed that it is not intended that any term of this Agreement shall be enforceable by any person who is not a party to this Agreement. Executive Nannies Ltd shall not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.

Questions regarding this Agreement should be directed using the contact us facility on this site.