PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY

Welcome to the Nanny Kingdom, Inc. Web site (“NK Site”).  The following is a legal agreement (“Agreement”) between you and Nanny Kingdom, Inc. The Agreement terms and conditions (“Use Terms”), among other things, govern the use of the NK Site. Please read and review the Terms of Use carefully before accessing, browsing, or using the NK Site. By accessing, browsing, or using the NK Site, you acknowledge that you have read, understood, and agreed to the Terms of Use as oulined here.  If you do not agree to the Terms of Use, you may not access, or use the NK Site. The Agreement and its Terms of Use were last updated on September 1, 2007.

AGREEMENT

Preamble

This agreement (“Agreement”) contains the terms and conditions (“Use Terms”) that govern the accessing, browsing and using of the NannyKingdom, Inc., Web site (“NK Site”).  Please read this Agreement carefully. Any accessing, browsing  or using of the NK Site constitutes an acceptance of the Agreement and its Use Terms, and, any person, or other entity of whatever type (“User”) that undertakes accessing, browsing, or using of the NK Site, by any of those acts, has accepted the Agreement and its Use Terms.  The Agreement and its Use Terms may be revised at any time and without notice.  Any User who accesses, browses,  or uses the NK Site is directed to review this Agreement and its Use Terms each time the User accesses the NK Site.  Any User who does not intend to be bound by the Agreement and its Use Terms, should immediately terminate any and all accessing, browsing, or using of the NK Site.

Definitions

“Use”, or “Using,” either  individually, or in combination, taken with reference to the NK Site, means any accessing, browsing, or using of the NK Site.

“User” means any person, or entity of whatever type, whether an individual, sole proprietor, company, partnership, limited liability company, corporation, association, or organization in any form, that by any means, or agency uses the NK Site on its own behalf, or on behalf of another person, or entity for any reason.

“Authorized User” means any user who is a person that seeks employment as an applicant, or as a family that seeks to hire one, or more applicants, that, respectively, submits a request for registration at the NK site, whose registration request Nanny Kingdom, Inc. approves; except that, any user that engages in either recruiting another to serve a third party, or who otherwise solicits another for personal services that may benefit a third party is expressly excluded from being an Authorized User.  Furthermore, a user of any type who engages in recruiting others for the benefit of a third party, or who otherwise solicits another for personal services that may benefit third parties, is expressly prohibited from accessing, browsing, or using the NK site.

“Active Authorized User” means an Authorized User having an active account at the NK site.

“Material,” “Content” or “Site Content,” either individually, or in combination, means anything that includes, without limitation, data, information, text, graphics, images, animations, videos, audios, music, page(s), page element(s), and any software, applets and the like, that at any time may appear on, make up, support, or be a part of the NK site.

“NK Site” means the site found on the World Wide Web of the Internet at the Universal Resource Locator (“URL”) address: http://www.NannyKingdom.com.

“U.S.” means the United States of America, its territories and possessions.

“Intellectual Property” means one, or more, or all of copyrights, patents, trademarks, or trade secrets.

Permitted Use

Intellectual Property, concerning either the NK site, or its contents, or both are protected under intellectual property laws of the U.S., or a foreign entity, or both.  The Intellectual Property rights in, or to the NK site, or its contents, or both are owned by Nanny Kingdom, Inc., or its partners, affiliates, contributors, or third parties, or other Intellectual Property owners who have authorized their use at the NK site, or in its contents.

Nanny Kingdom, Inc. grants Active Authorized Users, of the NK site a royalty-free license to access, browse, and view the NK site and to download, and store Materials presented on one, or more pages, or page parts available at the NK site in unmodified form for non-commercial, non-public, personal use only. Any other use, handling, or treatment of the NK site materials without the express written consent of Nanny Kingdom, Inc. is prohibited. Users wishing to obtain permission to reprint, or reproduce any content appearing on the NK site may submit an e-mail request for such permission to Nanny Kingdom, Inc. at info@nannykingdom.com.

Prohibited Site Use

Users may not: Use the NK site to transmit, distribute, otherwise disseminate, or store any material not first submitted to and approved by Nanny Kingdom, Inc. for presentation at the NK site; or damage, or adversely affect the NK site, or its content in any way; or, including without limitation: violate any U.S., or foreign laws, or regulation; infringe, or misuse the Intellectual Property rights, or violate the privacy, publicity, or other  rights, or, defame, insult, threaten, abuse, or harass any person, or entity of any type.

All Users are prohibited from violating, or attempting to violate the security of the NK site,  including without limitation: accessing data not intended for such user; accessing a server or account that the user is not authorized to access; attempting to probe, scan, or test the vulnerability of a NK site system, or any network so as to breach NK site security, or authentication measures; attempting to interfere with service to any user, host, or network, including, without limitation: submitting a virus; overloading, flooding, spamming, mailbombing, or crashing any user, host, or network; sending unsolicited e-mail, including promotions, or advertisements; forging any TCP/IP packet header, or any part of the header information in any e-mail, or newsgroup posting.  Violations of the NK site system, or network security may result in civil, or criminal liability. Nanny Kingdom, Inc. will investigate any occurrences that may relate to such violations and may involve and cooperate with law enforcement authorities in prosecuting any and all persons, or entities of any type that may be implicated in any such violation.

Furthermore, while an Active Authorized User of the NK site may undertake permitted use of the NK site as described in this agreement, all users by using the NK site agree not to use the NK site for any of the following prohibited purposes: requesting presentation at the NK site of any incomplete, false, or inaccurate biographical, or personal information relating to any person, or entity; deleting, or revising any material requested to be presented by another person, or entity; using any means, including without limitation, any device, software, or routine to interfere, or attempt to interfere with the proper operation of the NK site, or any activity conducted on the NK site; undertaking any action that burdens the NK site systems, or processes, or both; disclosing to, or sharing with a person, or other entity of any type a password by which other than an Authorized User may gain access to the NK site; using, or attempting to use any means, device, or procedure, including, without limitation, browsers, spiders, robots, avatars, or agents to navigate, or search the NK site with other than the authorized search engine and search agents available from NK site, or  available third-party Web browsers such as  Netscape Navigator, Microsoft Explorer, Mozilla Foxfire, 3B Brand; attempting to decipher, decompile, disassemble or reverse engineer any software included in, available on, supporting, or in any way making up a part of the NK site; aggregating, copying, or duplicating in any manner any of the NK site content; framing of, or linking to any of the NK site content.

User Information

Users of the NK site that seek to qualify as Authorized Users, are, respectively, required among other things, to request registration to the NK site and to fulfill all registration requirements that Nanny Kingdom, Inc. may prescribe in accordance with this agreement.  Among the NK site registration requirements, is the requisite that prospective Authorized Users, respectively, supply Nanny Kingdom, Inc. with information concerning the prospective Authorized User, which information may include, without limitation, a valid e-mail address, home postal address, home, or work telephone number, as well as information relating to use of NK site including, for example, applicant qualifications and preferences where applicable; relevant potential employer's employment environment and preferences, a credit or debit card number if the prospective Authorized User intends to purchase any  products, or services at the NK site.

By having submitted a registration request to Nanny Kingdom, Inc., prospective Authorized User expressly respectively authorized Nanny Kingdom, Inc. to disclose to third parties, aggregated information that may be available from the respective registration applications. Nanny Kingdom, Inc. will not disclose to any third party the respective name, address, e-mail address, or telephone number, or credit or debit card number, as provided of any Authorized User without such Authorized User having given prior consent, except to the extent found necessary, or appropriate as solely determined by Nanny Kingdom, Inc. to comply with any applicable law(s), or judicial order(s) duly issued in any legal proceedings.  Nanny Kingdom, Inc. reserves the right to offer third-party services and products to Authorized Users based on the preferences that such Authorized Users may express to Nanny Kingdom, Inc. at the time of registration, or that Nanny Kingdom, Inc. may learn of at any time; such offers may be made by Nanny Kingdom, Inc., or by a third party.

User Submissions

All Authorized Users are responsible for their respective actions at the NK site, including without limitation: their respective communications, or requests to the NK site, or Nanny Kingdom, Inc., or both, and the consequences of such communications, or requests.

Authorized Users may not, and agree that they will not, request presentation of, or present at the NK site any material in which Intellectual Property rights exist, unless the Authorized User is the owner of the Intellectual Property rights in such material, or has received express, written permission from the owner of such Intellectual Property rights to present and use such material, and further, to empower the Authorized User to permit  others to present and use such material, and provides a copy of such written permission to Nanny Kingdom, Inc. authorizing Nanny Kingdom, Inc. to present and use such material, and holds Nanny Kingdom. Inc. harmless against any presentation and use of such material. 

Also, Authorized Users may not request presentation of any material that infringes on any Intellectual Property rights of others, or on the privacy, or publicity rights of others; or request publication of material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person, or entity; or request publication of any sexually-explicit material; request publication of publication of any advertisements, or solicitations of business, chain letters, or pyramid-scheme proposals; impersonate another person, or entity; or request publication of any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines, or means that may damage, interfere with, intercept or expropriate any NK site content, data, or information.
 
Nanny Kingdom, Inc. neither  represents, nor guarantees the truthfulness, accuracy, or reliability of material requested by users to be presented at the NK site, nor endorses any opinions expressed by any user. All Users, respectively, for themselves acknowledge that any reliance they may place on material requested to be presented and that is presented at the NK site by others, will be entirely at the user’s own risk.

All users of the NK site agree that by using the NK site, Nanny Kingdom, Inc. acts as a passive conduit for the online presentation and distribution of user-submitted material and that Nanny Kingdom, Inc. has no obligation to screen user communications, or material, and is not responsible for screening, or monitoring material presented at the NK site.  If a user identifies material at the NK site that the user believes does not conform to this agreement, and advises Nanny Kingdom, Inc, in writing of the occurrence, Nanny Kingdom, Inc. may investigate the contention and at its sole discretion determine whether to remove such material from the NK site.  By using the NK site, users agree that Nanny Kingdom, Inc. incurs no liability for such handling of such matters.

Nanny Kingdom, Inc. reserves the right to expel any and all users and prevent their further access to the NK site for violating this agreement, or any U.S., or foreign laws, or regulation, and further reserves the right to remove material that in its sole discretion Nanny Kingdom, Inc. determines is abusive, illegal, or disruptive. Nanny Kingdom, Inc. may take any action with respect to user-submitted Material that it deems necessary, or appropriate in its sole discretion, if it believes such material may create concerns for Nanny Kingdom, Inc., or may cause, in the judgement of Nanny Kingdom, Inc., possible loss in whole, or in part, of any services, or support for the NK site.

All users that, respectively, submit any material  to the NK site, for use at, or in connection with any part of the NK site, including without limitation: any page, page part, message board, forum, contests or chat room, grants Nanny Kingdom, Inc., and its affiliates, an assignable, royalty-free, perpetual, irrevocable, sub-licensable through multiple levels, non-exclusive right, including any moral rights, and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such material in whole, or in part, worldwide, and to incorporate such material in whole, or in part, in other works in any form, media, or technology now known, or later developed, for the full term of any rights that may exist in such material. Such users, respectively, also warrants that any and all other holders of any rights, including moral rights, in such material, have respectively waived in whole, or irrevocably granted in whole, or both, to such respective users  the right to make the grant to Nanny Kingdom, Inc. noted in this agreement.  In so doing, each such user, respectively, also authorizes Nanny Kingdom, Inc. to permit any user of the NK site to non-exclusively access, browse, and use such material as Nanny Kingdom, Inc. in its sole discretion deems appropriate.

Indemnification

All users, by their use of the NK site,  agree to defend, indemnify and hold Nanny Kingdom, Inc., and its officers, directors, owners, agents, employees, advisers and consultants,  and the NK site, harmless from, and against any claims, actions, demands, liability, damages including, without limitation, legal and professional fees asserted by any third parties, and arising from any respective user’s use of the NK site, your conduct, content, communications, alleged infringement of third party intellectual property, or privacy rights, or violation of this agreement.

Registration and Password

As noted, users of the NK site that seek to qualify as Authorized Users, are, respectively, required among other things, to request registration at the NK site and to fulfill all registration requirements that Nanny Kingdom, Inc. may prescribe in accordance with this agreement. Among the NK site registration requirements is the requisite that prospective Authorized Users, respectively, supply Nanny Kingdom, Inc. with information concerning the prospective Authorized User, which information must include among other things, a valid e-mail address, home postal address, home, or work telephone number, as well as information relating to use of NK site including, for example, applicant's qualifications and preferences where applicable; relevant potential employer's employment environment and preferences, a credit or debit card number, if the respective prospective Authorized User intends to purchase any  products or services at the NK site.  Additionally, prospective Authorized Users will be required respectively to select and submit to Nanny Kingdom, Inc., a personal username and password that the prospective Authorized Users will use when accessing secured areas of the NK site.

Following receipt  of a prospective Authorized User’s registration request, and registration information, Nanny Kingdom, Inc. will advise the prospective Authorized User by e-mail at the sole discretion of Nanny Kingdom, Inc. either: that the registration request is denied; or that modification of the registration information in whole, or part is required, and that upon re-submission of the registration request with modification as required of the registration information, the registration request will be reconsidered; or that requested registration is accepted, and that upon collection by Nanny Kingdom, Inc. of the registration fee, if any, from the prospective Authorized User, an account will be opened to establish the prospective Authorized User as an Active Authorized User.

All Authorized Users whether active, or not active, are respectively required to be and are, in fact, responsible for maintaining the confidentiality of the information, username and password they supplied to Nanny Kingdom, Inc. at registration, or as they later may have modified on written request with approval of Nanny Kingdom, Inc.  All respective Authorized Users shall be responsible for all uses of their respective registration information, whether or not authorized by such Authorized User. All Authorized User, respectively, agrees to immediately notify Nanny Kingdom, Inc. in writing by e-mail of any unauthorized use of their respective registration information including but not limited to their username, or password.

Infringement or Misuse Notice

If any person, or entity of any type has a good-faith belief that Intellectual Property, that they, respectively, hold valid and enforceable rights under has been used at the NK site, or as  part its content, so as to constitutes a bone fide infringement, or misuse, please notify Nanny Kingdom, Inc. in writing giving the following information: the physical, or electronic signature of either the owner, or a entity authorized to act on the owner's behalf; a description of the right, or rights believed to have been infringed, or misused, or both, and a description of the activity that the person, or entity, respectively, believes forms the  basis for the complained of infringement, or misuse, or both; identification of the specific location on or in the NK site, or content where the activity the person, or entity claims the infringement, or misuse is located and is occurring so as to enable Nanny Kingdom Inc. to develop adequate information for identifying the content, or activity complained of; the name, address, telephone number, and e-mail address if available, for the person, or entity; a statement by the person, or entity that they, respectively, have a good faith belief that the NK site, or its content includes, or uses subject Intellectual Property in the manner the person, or entity complains of, which use is not authorized under the laws of the U.S., or New York State, or both; A statement by the person, or entity made under penalty of perjury, that the information the person or entity has, respectively, provided in the  subject notice is accurate and that the person, or entity are, respectively, either the noted Intellectual Property owner, or are authorized to act on behalf of the owner.

Termination

Nanny Kingdom, Inc. reserves the right at its sole discretion to: pursue all legal remedies, it may have as a result of its determination that any respective user has failed to completely comply with this agreement; or has supplied any information to Nanny Kingdom, Inc. for registration purposes, or otherwise that Nanny Kingdom, Inc. is unable to verify, or authenticate.  Additionally, where Nanny Kingdom, Inc., in its sole discretion, determines that any respective user has failed to completely comply with this agreement, or has supplied any information to Nanny Kingdom, Inc. for registration purposes, or otherwise that Nanny Kingdom, Inc. is unable to for verify, or authenticate, Nanny Kingdom, Inc, also reserves the right to additionally, or alternatively to pursuing a legal remedy, to, without limitation, do at least one, or more of the following: delete any material at the NK site; suspend any Authorized User’s use of the NK site; suspend any Authorized User’s access to any service other than use of the NK site; terminate any Authorized User’s use of the NK site; terminate any Authorized User’s access to any service other than use of the NK site; terminate any Authorized User’s registration;  termination any user’s use of the NK site.

Any Authorized User that is not an Active Authorized User, that endeavors to use the NK site for any purpose shall have its respective registration canceled, and shall receive no refund of any part of the NK site registration fee, or any listing fee previously paid, and any listings relating to such user shall be removed from the NK site.  Any user that pays a registration fee, or listing fee of any kind to Nanny Kingdom, Inc., thereby warrants to Nanny Kingdom, Inc., and the successors and assigns of Nanny Kingdom, Inc, that the respective user does not engage in recruiting others for the respective benefit of any third party, or solicits others for personal services that may benefit a third party.

Additionally, Nanny Kingdom, Inc. respects the Intellectual Property of others, and asks that NK site users, Authorized Users, Active Authorized Users, and content providers do the same. The unauthorized use, or misuse, or both of the Intellectual Property of others as defined under U.S., and New York State law constitutes infringement, or misuse, or both. As a condition for using the NK site and its content, all NK site uses respectively agree not to use the NK site to infringe the Intellectual Property rights of others.  Nanny Kingdom, Inc, in its sole discretion may terminate the accounts of any Active Authorized Users, and may block the access of any users to the NK site that are found to infringe, or misuse the Intellectual Property of others.  Nanny Kingdom, Inc. reserves the right in its sole discretion to take these actions at any time, with, or without notice, and without any liability as to the Active Authorized User who is terminated, or to any user whose access to the NK site is blocked.

Links to Other Sites

The Nk site contains links to third-party Web sites. These links are provided solely as a convenience to Active Authorized Users  and not as an endorsement by Nanny Kingdom, Inc. of the content on such third-party Web sites.   Users, by their respective use of the NK site, acknowledge and agree that Nanny Kingdom, Inc. is not responsible for the content of linked third-party Web sites, and make no representations regarding the accuracy, reliability, or acceptability of such content. Users, by their respective use of the NK site, acknowledge and agree that when they access linked third-party Web sites, they do so at their own risk.

No Resale or Commercial Use

Users, by their respective use of the NK site, agree not to resell, or assign their respective rights under this agreement. As well, users, by their respective use of the NK site, agree not to make any commercial use of the NK site.

No Liability for User Transactions and Related Matters

The NK site serves solely and exclusively as a facility at which prospective families can present employment opportunities, and where applicants can present their respective qualifications for various positions.  Neither Nanny Kingdom, Inc., as the owner of the NK site, nor any of its officers, or employees undertake to investigate, screen, or authenticate either the respective applicant employment opportunities, or the employment qualifications of applicants seeking employment, or the respective entities, or individuals that request presentation of their material at the NK site. Still further, because user authentication on the Internet is difficult, Nanny Kingdom, Inc. cannot, and does not, confirm the accuracy and truthfulness of the identity given by persons, or entities of any type that use this NK site.

Furthermore, neither is Nanny Kingdom, Inc., nor any of its officers, or employees, nor the NK site, or its content involved in any negotiations, or transactions between families and applicants seeking employment. Accordingly, neither can Nanny Kingdom, Inc., nor any of its officers, or employees, nor the NK site, or its content, respectively, or in combination, assume, maintain, or assert control over: the quality, safety, or legality of the respective employment opportunities presented, or applicant qualifications presented at the NK site; the truth, or accuracy of the published  employment opportunities, or applicant qualifications; the motivation of families to offer job opportunities to applicants, or the ability of applicants to meet employment offerings.

As well, neither can Nanny Kingdom, Inc., nor its officers, or employees, nor the NK site, or its content give, and does not give any assurance or guarantee, or both that prospective employers seeking to engage the services of an applicant will be successful in securing such services, or  likewise, give, or does not give any assurance, or guarantee that applicants seeking employment find such positions. 

Still further, Nanny Kingdom, Inc. also provides express warnings at the NK site to all prospective users that there are risks associated with using the NK site to find an individual to provide domestic employment services on the one hand, and, as well, risks on the other hand in  finding  employment, for example, including but not limited to: the possibility of physical, or emotional harm to the individual being cared for attributable to the applicant hired to provide the services; and the possibility of physical, or emotional harm to the individual hired to provide services attributable to the person to be cared for, or others associated with the individual to be cared for; the uncertainty of dealing with strangers, foreign nationals, underage persons, or people acting under false pretences.  Each respective user of the NK site is therefore advised that they, respectively, assume all risks arising from their respective use of the NK site and its content and any occurrences that follow from, or are related to that use.

Each person, or entity that uses the NK site, by using the NK site, respectively, covenants and agrees to carefully screen, interview, and conduct background investigations of any person, or entity identified on the NK site with whom such person, or entity may undertake to enter into a business, or personal relationship. Nanny Kingdom, Inc., under no circumstance will refund any membership, publication, or user fees of any kind.

Because Nanny Kingdom, Inc. does not, and cannot be involved in, or control user-to-user dealings, or behaviors at the NK site, if a dispute between one, or more users arises, such users are required to seek resolution of any such dispute in a suitable forum of their respective choice other than the NK site.  As well, all users as a condition to their respective use of the NK site, respectively, waive any claims they might otherwise seek to assert against Nanny Kingdom, Inc., and its agents and employees arising out of, or in any way connected with such disputes.  Additionally, all users as a condition to their respective use of the NK site, respectively, release Nanny Kingdom, Inc., and its agents, and employees from claims, demands and damages whether actual, or consequential, or direct, or  indirect 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.

Nanny Kingdom, Inc. is under no legal obligation to, and does not guarantee, the accuracy or acceptability of information that  respective user may request be presented at the NK site, or that is presented at the NK site, or both.

As suggested herein, by its nature, information presented on the NK site may inaccurate, offensive, harmful,  mislabeled or deceptively labeled. All users by their respective use of the NK site, respectively, agree to employ caution, common sense, and diligence when considering the information there presented and in deciding whom respective users decide to either contact, undertake communication with, or enter any kind of relationship with.

As noted, the NK site and its content may contain inaccuracies, or errors; and as also suggested, Nanny Kingdom, Inc. makes no representations about the accuracy, reliability, completeness, or timeliness of the NK site, or its content.  Use of the NK site and its content is at the respective risk of each user.

In accordance with this agreement, families that request presentation of employment opportunities on the NK site, by such request acknowledge and agree that they are solely responsible for the form, content and accuracy of any respective employment opportunities presented and the matter contained therein.  Similarly, applicants who request that their résumés be presented at the NK site, by such request respectively acknowledge and agree that they are solely responsible for the form, content and accuracy of any résumé and matter contained therein that they respectively request be presented on the NK site.

Still further, in accordance with this agreement, users, by their respective use of the NK site, acknowledge and agree that Nanny Kingdom, Inc., cannot be, and is not an employer, or an agent of any respective user; and that Nanny Kingdom, Inc. cannot be, and  is  not responsible for any employment decisions of whatever kind, and for whatever reason, made that arises from any material presented on the NK site.

FORCE MAJEURE

Nanny Kingdom  is not responsible for any delay or failure in performance of the NK site, 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, services, or otherwise.  

Disclaimer

NANNY KINGDOM, INC. DOES NOT WARRANT THAT THE NK SITE WILL OPERATE ERROR-FREE, OR THAT THE NK SITE AND ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES, OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE NK SITE OR ITS CONTENT RESULTS IN THE NEED FOR SERVICING, OR REPLACING OF YOUR EQUIPMENT OR SOFTWARE OR DATA, NANNY KINGDOM, INC. IS NOT RESPONSIBLE FOR ANY OF THOSE COSTS.

THE NK SITE AND ITS CONTENT ARE PROVIDED ON AN "AS  IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL NANNY KINGDOM, INC. ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE NK SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE NK SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NANNY KINGDOM, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Limitation

The aggregate liability of Nanny Kingdom Inc. to any user of the NK site for all claims arising from the use of the NK site materials is limited to $100. Any user asserting such a claim must establish by clear and convincing evidence that they, respectively, suffered a loss as a proximate result of such use.

Service Location

Because of non-uniformity of laws in various jurisdictions, uncertainty can arise in how matters are determined.  This is particularly so in the case of Internet World Wide Web sites. To reduce such uncertainty in dealing, it is helpful to identify the locale of primary significance. Since the NK site server is the place where the NK service information files concerning employment opportunities and employment candidates are processed and maintained, and from which NK service display files are distributed to users, and where requests for entry of information to be displayed are received from users, and since the Internet and its associated communication channels act as the respective user’s agent for delivering user requests to the NK site, and carrying NK site server responses back to respective users, it is apparent that the NK site server is the place where the NK services, is centered.  Accordingly, in view of these facts, it is clear that the NK service is located at, and operates solely from the NK server site which is in Westchester County of New York State. Accordingly, all users, by their respective use of the NK site respectively acknowledge and agree that the NK site for all purposes and matters arising under this agreement, or relating to use of the NK site, or both, the NK site is and will be considered to be  located in Westchester County of New York State. Therefore, all users, by their respective use of the NK service further respectively acknowledge and agree that the NK site and Nanny Kingdom, Inc. will not submit to personal jurisdiction anywhere other than Westchester County of New York State, and all users irrevocably waive any claim to the contrary.

Controlling Law

All users, by their use of the NK site acknowledge and agree that this agreement and all matters relating to it are to be controlled and interpreted under the laws of the U.S., for matters that are exclusively controlled by the laws of the U.S., and for all matters not exclusively controlled by the laws of the U.S., the laws of the State of New York will control. All users, by their respective use of the NK site respectively acknowledge and agree that any claim they may have to rely on non-federal law other than the laws of New York State is hereby waived.

Dispute Resolution

Any dispute arising between a user and Nanny Kingdom Inc., or the NK site shall be resolved in a court in the State of New York, of competent subject matter and personal jurisdiction having proper venue.

General

Nanny Kingdom Inc, makes no claim that the NK site and its contrent may be lawfully used  outside of the United States. Use of the NK site content may not be legal by users outside the U.S. Any respective user using the NK site from outside the U.S., does so at their own risk, and is responsible for compliance with all applicable laws. If any provision of this agreement, or its Use Terms is found to be invalid by any court of  competent subject matter and personal jurisdiction, and having proper venue, the invalidity of such provision shall not affect the validity of this agreement, or the validity of any of the remaining Use Terms, which shall remain in full force and effect. No waiver of any of the Use Terms of this agreement shall be deemed a further, or continuing waiver of such Use Terms, or any other Use Terms of this agreement. The Use Terms of this agreement constitute the entire agreement between Nanny Kingdom, Inc. and all respective users of the NK site, except as may be expressly provided elsewhere at the NK site. No change, or changes to this agreement, or its Use Terms apply to this agreement, or its Use Terms, unless such change, or changes are presented in a later-dated version of this agreement and its Use Terms presented at the NK site.

Additional Terms of Use

Certain areas of the NK site are subject to additional Use Terms. By using such areas, or any part thereof, users agree to read and be bound by any such additional Use Terms applicable to such areas.