Welcome! Please carefully read the following Terms and Conditions of Use ("Terms of Use") before using this website ("Site"). By using this Site, you agree to follow and be bound by these Terms of Use, which govern your use of the Site. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and HowsMyNanny.com with regard to matters other than your use of the Site. HowsMyNanny.com may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use this Site.

This Site is owned and operated by HowsMyNanny.com, LLC. HowsMyNanny.com may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. Your use of this Site may be monitored by HowsMyNanny.com and used for HowsMyNanny.com's internal business purposes, without liability.

Index:

HowsMyNanny.com grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by HowsMyNanny.com in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. HowsMyNanny.com reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use as expressly authorized by HowsMyNanny.com in writing, you may not :

• Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, "Materials");
• Redeliver any page, text, image, or Materials on this Site using "framing" or other technology;
• Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by HowsMyNanny.com;
• Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site;
• Modify, copy, obscure, remove, or display HowsMyNanny.com's name, logo, trademarks, text, notices, or images without HowsMyNanny.com's express written permission. To obtain such permission, you may e-mail us at info@HowsMyNanny.com; or
• Include the term "HowsMyNanny.com," or any HowsMyNanny.com trademark or executive's name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by HowsMyNanny.com.

You may not link to this Site unless you comply with these linking conditions ("Linking Conditions"). HowsMyNanny.com grants you a limited, revocable, nonexclusive right to create a hyperlink to this Site ("Link"), provided you comply at all times with the following conditions:

• The Link must resolve to HowsMyNanny.com's portal page at www.HowsMyNanny.com or HowsMyNanny.com.
• The text of the Link must read “HowsMyNanny.com," You may not use any HowsMyNanny.com logo or graphic, or any other HowsMyNanny.com trademark, as part of the Link without HowsMyNanny.com's express written permission; and
• The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and HowsMyNanny.com, including suggestions of affiliation, endorsement, or sponsorship; (b) portray HowsMyNanny.com or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.

If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as "deep links"), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to this Site.

HowsMyNanny.com grants you a limited, revocable, nonexclusive right to view, store, bookmark, access, download, display, create hyperlinks to and use the Really Simple Syndication and podcast feeds (collectively, the "Feeds") offered by HowsMyNanny.com solely for your personal, informational and noncommercial use or as otherwise authorized by HowsMyNanny.com in writing, provided you comply at all times with the following conditions:

• Except as otherwise stated in these Terms of Use, you may not modify, copy, redistribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell or exploit in any manner whatsoever the Feeds or the reports, data, information, content, software, files, products, services or other materials supplied by HowsMyNanny.com in connection therewith;
• You may create a hyperlink to HowsMyNanny.com's Feeds, provided that (a) the hyperlink is functional and resolves directly to the applicable HowsMyNanny.com website page, unaltered and unframed in any way; and (b) you provide attribution to the appropriate HowsMyNanny.com website in connection with your use of the Feeds. If you provide this attribution in text, the hyperlink must read "HowsMyNanny.com" or www.HowsMyNanny.com.. If you provide this attribution with a graphic, you must use the graphic HowsMyNanny.com has incorporated into the Feeds, without alteration. Your right to use the above-referenced HowsMyNanny.com graphic is limited to providing attribution to HowsMyNanny.com in connection with the Feeds. You may not use any HowsMyNanny.com logo or graphic, or any other HowsMyNanny.com trademark, for any other purpose without HowsMyNanny.com's express written permission;
• Any hyperlink to HowsMyNanny.com's Feeds and the surrounding context on your site must not: (a) falsely represent or misrepresent any relationship between HowsMyNanny.com and you or your site, products or services or any third party or their site, products and services, including suggestions of affiliation, endorsement or sponsorship; (b) portray HowsMyNanny.com or its affiliates, or their products or services, in a false, misleading, derogatory or otherwise offensive manner; or (c) display the content of HowsMyNanny.com's Feeds in a manner that does not permit successful linking to, redirection to or delivery of the applicable HowsMyNanny.com website page;
• You may not incorporate advertising into or targeted towards the content of HowsMyNanny.com's Feeds or insert any intermediate page, splash page or other content or materials between any hyperlink to HowsMyNanny.com's Feeds and the applicable HowsMyNanny.com website page.

Any uses of HowsMyNanny.com's Feeds not granted herein are strictly prohibited. HowsMyNanny.com retains ownership of and all other rights in and to the Feeds, and any reports, data, information, content, software, files, products, services, links, trademarks, logos or other materials used in connection therewith. HowsMyNanny.com reserves the right, in its sole discretion, with or without cause, and without liability, to suspend, discontinue or modify any or all of its Feeds at any time and to immediately require you to cease accessing, displaying, or otherwise using any or all of the Feeds or the content of the Feeds. HowsMyNanny.com will not be liable for any loss or damage arising from your use of or in connection with the Feeds.

Certain parts of this Site may be protected by passwords or require a login. Further, for authentication purposes, certain features on this Site may require you to answer a designated security question. You agree to provide HowsMyNanny.com with current, complete, and accurate information as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this Site, or to any other protected Materials or information, through any means not intentionally made available to you by HowsMyNanny.com.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Site, and for logging off of your account and any protected areas of the Site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact HowsMyNanny.com immediately. HowsMyNanny.com will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Products and services provided to you through this Site may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal information or promotional and marketing materials, and you consent to such transmission.

The Materials on this Site are for information, education, and noncommercial purposes only. Although HowsMyNanny.com may provide data, information, and content relating to the caretaker of your child or children, you should not construe any such information or other content available through this Site as legal advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this Site before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold HowsMyNanny.com or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Site.

All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by HowsMyNanny.com and its third-party information providers, and are protected by United States and international intellectual property laws.

If you have any other customer service questions or would like an alternative method of reaching us, please click Contact Us at the top of any webpage.

All trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners.

All HowsMyNanny.com graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of HowsMyNanny.com. HowsMyNanny.com's trademarks, service marks and trade dress may not be used in connection with any product or service that is not HowsMyNanny.com's, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits HowsMyNanny.com. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of HowsMyNanny.com.

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

Data and other materials appearing on this Site that are provided by third parties are believed by HowsMyNanny.com to be obtained from reliable sources, but HowsMyNanny.com cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. HowsMyNanny.com is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that HowsMyNanny.com has provided a link to a third party's website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by HowsMyNanny.com with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk.

All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. HowsMyNanny.com, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. HowsMyNanny.com will not be liable to you or any third party for any termination of your access to or use of this Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, HowsMyNanny.com AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, HowsMyNanny.com AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, NEITHER HowsMyNanny.com NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

NEITHER HowsMyNanny.com NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF HowsMyNanny.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF HowsMyNanny.com AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

You agree to indemnify, defend, and hold harmless HowsMyNanny.com, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and HowsMyNanny.com relating to the subject matter herein.

The laws of the State of New York, United States of America, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and HowsMyNanny.com. If you take legal action relating to these Terms of Use, you agree to file such action either in the County Court of New York, Courts of New York State, or the United States District Court for the Southern District of New York and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

HowsMyNanny.com, LLC will endeavor to communicate any reports to the member in a prompt fashion. However, in the unusual event including, but not limited to software or hardware malfunction or human error, which causes delay in report communication, HowsMyNanny.com, LLC assumes no responsibility or legal liability. All members and users of this site explicitly agree to absolve HowsMyNanny.com, LLC of all legal liability for any adverse event that may result. You agree to indemify, defend and hold harmless HowsMyNanny.com, LLC.

HowsMyNanny.com, LLC is not responsible for any damage caused to stroller due to inappropriate placement of license plate.

Our commitment to you

As a HowsMyNanny.com client, you've entrusted to our care not only your hard-earned money but your personal data as well. We recognize that your relationship with us is based on trust and that you expect us to act responsibly and in your best interests. Because your personal and financial data is your private information, we hold ourselves to the highest standards in its safekeeping and use.

This means, most importantly, that we do not sell client information——whether it is your personal information or the fact that you are a HowsMyNanny.com client——to anyone.

Instead, your information is used by us primarily to complete transactions that you request or to make you aware of other services that we offer or sponsor.

The information we collect about you

You provide personal information when you complete a HowsMyNanny.com application. (If you enter information in an online application, we may store the information even if you don't complete or submit the application.) You also provide personal information when you request a transaction that involves HowsMyNanny.com.

In addition to personal information you provide to us, we may receive information about you that you authorize third parties to provide to us. We also may obtain personal information from third parties in order to verify your identity, prevent fraud, or to help us identify products and services that may benefit you.

Personal information collected from any source may include your:

• Name and address
• Names and dates of birth of children
• Name and address of your Nanny

How we handle your personal information

We do not sell information about current or former clients or their accounts to third parties. Nor do we share such information, except when needed to complete transactions at your request. Here are the details:

• In certain instances, we may contract with nonaffiliated companies to perform services for us. Where necessary, we will disclose information we have about you to these third parties. In all such cases, we provide the third party with only the information necessary to carry out its assigned responsibilities and only for that purpose. And, we require these third parties to treat your private information with the same high degree of confidentiality that we do.
• Finally, we will release information about you if you direct us to do so, if we are compelled by law to do so, or in other legally limited circumstances (for example, to prevent fraud).

How we protect privacy online

Our concern for the privacy of our clients naturally extends to those who use our website, HowsMyNanny.com.

• Our website uses some of the most secure forms of online communication available, including data encryption, Secure Sockets Layer (SSL) protocol, and user names and passwords. These technologies provide a high level of security and privacy when you access your account information, initiate online transactions, or send secure messages.
• HowsMyNanny.com offers customized features that require our use of "HTTP cookies"——tiny pieces of information that we ask your browser to store. However, we make very limited use of these cookies. We don't use them to pull data from your hard drive, to learn your e-mail address, or to view data in cookies created by other websites. We won't share the information in our cookies or give others access to it.
• When you visit our website, we may collect certain technical and navigational information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our websites. This information may be used, for example, to alert you to software compatibility issues or to resolve technical or service problems, or it may be analyzed to improve our Web design and functionality and our ability to service you and your accounts.

How we safeguard your personal information

We restrict access to information about you to those HowsMyNanny.com employees who need to know the information in order to perform their jobs, such as servicing your accounts or notifying you of new products and services. To protect your personal information, we maintain physical, electronic, and procedural safeguards in keeping with industry standards and practices, and we review and adjust these safeguards regularly in response to advances in technology.

What you can do

For your protection, we recommend that you do not provide your account information, user name, or password to anyone. If you become aware of any suspicious activity relating to your account, please contact us immediately.

We'll keep you informed

As required by federal law, we'll notify you of our Privacy Policy annually. We reserve the right to modify this policy at any time, but rest assured that if we do make changes, we'll tell you promptly.

Revised 9/2006.