Welcome to GoNannies.com (the "Service"). This document explains the terms and conditions
for using our Service (the "Agreement"). This Agreement is between you and GoNannies,
Inc. By using our Service, you consent to this Agreement and any new version of
it posted since your last visit. If the Agreement is not acceptable, then you should
not use our Service. This Agreement was last updated on: 2/20/2010.
YOUR ACCOUNT & PASSWORD.
If you register an account, you represent that you are at least 18 years old and
that, to the best of your knowledge and belief, your registration information is
truthful, accurate and complete. A name and password will be assigned by us or chosen
by you. You are responsible for maintaining the secrecy of your password and for
activities occurring under your account. Be sure to notify us if you believe your
account is being accessed by others. Each user must register separately. You may
not loan your user name and password to others. You may not use another person's
account without their authorization.
You may not put contact information in any open text fields of your account, unless
specifically instructed to do so by the Service.
USING OUR CONTENT & SERVICE.
Our Proprietary Rights. Our
Service may contain an assortment of information, data, software, images, video
clips, music, links, logos and other material ("Content") that are the copyright,
trademark or other intellectual property of the owners of this Service or third
party suppliers. The Content in this Service is copyrighted individually and as
a collective work. All rights are reserved. The name “GoNannies®” and other names
appearing herein are the trademarks or registered trademarks of the Service or the
respective third party owners. You will ensure that all copyright, trademark or
other proprietary rights notices appearing on any Content remain intact and legible.
Any licenses granted by this Agreement are non-exclusive.
Linking to Our Site. You may
not display our Content within a frame or border, or "deep link" or harvest Content
located below our top-most URL. You will not link to our Service or Content in a
manner that suggests an endorsement or affiliation between our sites. You will remove
any link to our Service that we find objectionable promptly upon request.
Reservation of Rights. All content,
communications, software applications, digital products, updates and features of
this Service are copyrighted by the Service, its owners, suppliers or other third
parties. We reserve all rights not specifically granted to you. This means permission
to use the Service and related intellectual property rights will be narrowly interpreted
by a court in our favor. Except as specifically authorized in this Agreement, you
may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit,
disseminate, publicly display or perform any material from this Service or otherwise
use any such material in any manner for any public or commercial purpose. Your use
of the Service is limited to use for the following lawful purposes: (i) caregivers
and prospective caregivers seeking employment and/or career information for their
own direct personal use and (ii) employers seeking to employ one or more caregivers
for their own direct personal use. UNDER NO CIRCUMSTANCES ARE OWNERS, AGENTS, AFFILIATES
OR EMPLOYEES OF EMPLOYMENT AGENCIES OR PLACEMENT AGENCIES OF ANY KIND ALLOWED TO
REGISTER WITH THE SERVICE (NEITHER AS AN EMPLOYER NOR AS A CAREGIVER CANDIDATE).
You may not reverse engineer our Service or any software obtained from it to discover
its underlying design or inner workings (and you will hold in confidence for our
benefit alone anything discovered in violation of this provision). If you infringe
our intellectual property rights or exceed the scope of permitted use of this Agreement,
you agree that we will be irreparably injured and may obtain a court order without
necessity of posting bond to enjoin you from further mischief.
Placement Agency Requirements.
All owners, agents, affiliates, or employees of employment Agencies or Placement
Agencies MUST register via our GoNannies Company Staffing section. Violators who
register as a Family/Individual seeking care (instead of via our Company Staffing
section) are subject to account revocation, forfeiture of all paid fees, and disallowance
of all future use of the Service.
Companies and Recruiters. Any
company or recruiters, including any owner, agent, affiliate or employee of such
entity, which uses the Service to find, recruit or hire caregivers for commercial
purposes MUST register via our GoNannies Company Staffing section. Violators who
register as a Family/Individual seeking care (instead of via our Company Staffing
section) are subject to account revocation, forfeiture of all paid fees, and disallowance
of all future use of the Service.
Commercial Use Prohibited. Except
as specifically authorized in this Agreement, you may not store, copy, reproduce,
adapt, reformat, create derivative works of, transmit, disseminate, publicly display
or perform any material from this Service or otherwise use any such material in
any manner for any public or commercial purpose. BE ON NOTICE THAT WE HAVE ZERO
TOLERANCE AND A STRONG ENFORCEMENT POLICY ON ALL CASES OF PROHIBITED COMMERCIAL
USE OF THE SERVICE. WE USE TECHNOLOGY AND OTHER MEANS TO DETECT AND TRACK VIOLATORS.
YOUR CONTENT & SUBMISSIONS.
Your Public Messages. Our Service
may include certain interactive features that allow users to post, transmit and
receive messages or content. We do not prescreen or editorially control Communications
on our Service. We reserve the right (but do not assume the responsibility) to block
or remove any Communications brought to our attention which we consider in violation
of this Agreement or detrimental to the Service or to any person.
Prohibited Behavior. You will
not upload, store or disseminate any Content or make any Communications which violate
or infringe the intellectual property or privacy rights of any person or which a
reasonable person would consider abusive, profane, hateful, racially or ethnically
offensive, which are defamatory or harassing, or which violate or encourage others
to violate this Agreement or any applicable law. You will not upload or transmit
pornographic or obscene images or files, and you will not impersonate our personnel
or disrupt the orderly operation of the Service. You will not attempt to violate
or violate the Service’s security, including, without limitation: (i) forging any
TCP/IP packet header or any part of the header information of any email or other
communication, (ii) gaining access to data not intended for such user or logging
into a server or account which the user is not authorized to access, (iii) attempting
to scan, test or probe the vulnerability of the Service’s systems or networks, and
(iv) deleting or revising any material posted by any other person or entity. You
will not use the Service to violate any applicable law, including, without limitation,
U.S. or foreign securities laws or regulations. In order to protect itself, the
Service may without liability actively cooperate with and furnish identifying and
supporting information to any person likely to be harmed or affected by your violation
of this Agreement and to any law enforcement agency conducting an investigation.
You also agree not to make any Communication that encourages users to terminate
their use of the Service or to use a competitor's service.
Anti-Spam Restriction. You will
not use our Service to make any Communications which are unsolicited bulk advertising
or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or
make Communications of a promotional nature other than through channels authorized
by the Service. You may not harvest email addresses or instant messaging identifiers.
Because the damage incurred by us in connection with spam campaigns may be difficult
to ascertain, you agree to pay liquidated damages of $3 per individual recipient
of spam messages transmitted under your account if you knowingly cause spam to be
APPLICABLE CHARGES & PAYMENT.
Some features of our Service may require the payment of a subscription-based
fee or other charge. For subscription-based features, you agree not to allow your
account to be used by other persons, including, without limitation, co-workers and
friends. We require timely payment of all published fees and charges. If you fail
to pay applicable fees or charges when due, we may suspend or terminate your account
and access to services or features. Unless otherwise agreed in writing, all charges
are payable in U.S. dollars in advance by major credit card, cashier's check or
money order. Late payments are subject to costs of collection (including, without
limitation, reasonable legal fees) and shall bear interest at a rate equal to the
lesser of one (1) percent per month or the highest rate permitted by law.
The paid subscriptions of Care Seekers/Employers and Caregivers/Nannies will be automatically
extended for successive renewal periods of the same duration as the subscription term originally
selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise.
To cancel your subscription, edit your account settings, deactivate your account, or contact GoNannies Support Team.
No refunds or credits will be provided for account cancellation requests received after the account has been billed.
In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or
using the Site. No refunds or credits will be provided for background checks that have been authorized. At GoNannies sole
discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by GoNannies.com.
All refunds are subject to a $10.95 service charge.
No Refund of Membership Fees. There are no refunds of fees charged for membership
subscriptions since registrants have immediate access to candidate contact information.
No Refunds of Background Check Fees For Package Purchases. All background
check package fees are nonrefundable as those packages are specially priced and
individual components are not sold separately.
Limited Refunds or Redemptions of Independently Purchased Background Check Fees.
Independently purchased background checks (not purchased as part of the Service’s
pre-configured, pre-defined packages) are eligible for either redemption or refund
subject to the following rules:
(i) Independently purchased background checks which were purchased AT THE SAME TIME
as a membership period may be redeemed or refunded up to sixty (60) days from the
date the membership period expires. These background checks are NOT eligible for
redemption or refund after such sixty (60) day period has expired.
(ii) Independently purchased background checks which were NOT purchased at the same
time as a membership period may be redeemed or refunded up to sixty 60) days from
the date the background check was purchased. These background checks are NOT eligible
for redemption or refund after such sixty (60) day period has expired.
(iii) Redeeming verifications or ordering a refund may be done on-line through your
(iv) All refunds are subject to a $10.95 service fee.
CREDIT CARD FRAUD (SPECIAL NOTICE).
If you use another person's credit or debit card to purchase a Services,
and if the card number is processed by our system, and if the payment is charged
back against us, and if the cardholder later indicates that your use of their card
to make the purchase was without authorization, then you acknowledge using computers
and computer networks located in Denton County, TX (USA) to make such unauthorized
You irrevocably: (i) submit to personal jurisdiction and venue in the Circuit and
District Courts of Denton County, TX (USA), (ii) you waive any defense based on
lack of personal jurisdiction or improper forum or venue, (iii) you consent to service
of process by first class mail, fax transmission and/or email to your address registered
with us, and (iv) you agree to pay all costs and expenses of enforcement, including
attorney fees of not less than $1,000 per unauthorized purchase, or as otherwise
determined by the Court, plus court costs and expenses of litigation. Be on notice
that we have zero tolerance and a strong enforcement policy on all cases of payment
THIRD PARTY LINKS AND ADVERTISERS.
GoNannies.com is partnered with HomeWork Solutions Inc. (4nannytaxes.com)
to educate you about household payroll and employment tax matters. HomeWork Solutions is
an industry leader providing families with payroll and nanny tax compliance services since
1993. Enrollment with GoNannies.com includes permission for HomeWork Solutions to email you
directly with helpful tips and tools. You will have the option to opt-out of their emails at any time.
Content, goods or services may be offered by third parties through
hotlinks or advertisements contained on our Service or through private-branded areas
that are controlled by third party providers. These are offered as a convenience
to you. We have no control over and do not endorse third party content, goods or
services. We act as a distributor and not as a republisher of third party content
and as an advertising channel for third party goods and services. Third party providers
may change, add or discontinue their content or offerings at any time without notice.
They may impose additional or different conditions on your use of their content
or services (please read any additional terms that may be posted by such providers).
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES
YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER
FOR ALL CLAIMS REGARDING SUCH MATTERS.
OUR ONLINE CAREGIVER MATCHING SERVICE..
Eligibility. Areas designated
as "Matching Services" are available only to persons 18 years and older who have
the legal capacity to enter into legally binding contracts. This means minors may
not use the Matching Service. By using the Matching Service, you represent and warrant
that you are of legal age and capable of entering into binding contracts
Nature of Relationship. Our
Matching Service offers certain features that can be used to match cargivers with
persons wishing to employ caregivers. The Matching Service is offered solely as
a venue for caregivers seeking employment to list their qualifications and for persons
seeking to employ caregivers to list their needs for caregiver services. You and
other members of this Service are solely responsible for all aspects of any transactions
that may occur, including, without limitation, the accuracy and legality of such
listings and communications exchanged, the selection of employers or employees and
the performance or non-performance of any resulting agreement. We are not a party
to these transactions. We have no control over the safety, quality, or legality
of the jobs or profiles posted, the ability of cargiver candidates to satisfactorily
fill listed jobs, prospective employers’ ability to employ caregivers for the jobs
they have listed, or the truth or accuracy of any listing. We cannot give any assurance
that a caregiver candidate or employer will perform or pay for any services. You
assume all risks associated with dealing with others with whom you come in contact
with through the Service. These risks include, without limitation, the risk of physical
harm, of dealing with strangers, people acting under false pretenses, foreign nationals,
or underage persons
Fee Schedule. Prospective employers
may browse the Service’s candidate profile listings without accessing any contact
information free of charge. Registered caregivers may view employer profiles at
no charge or purchase a paid member subscription to access enhanced features and
improve exposure. We reserve the right to impose new or different fees by posting
a new Fee Schedule. New Fee Schedules are effective on the date posted, or such
other effective date identified in the Fee Schedule.
Listings. When you upload a
listing or otherwise communicate via the Matching Service, you irrevocably grant
our Service the worldwide, perpetual, royalty-free, sublicensable right and license
to store, copy, reproduce, adapt, create derivative works of, transmit, disseminate,
perform and display the listing or communication through the Matching Service and
any partner or affiliated listing sites and to make such incidental and additional
uses as may be needed to operate the Matching Service through any media or technology
now known or hereafter created. Any listings posted on the Matching Service, partner
or affiliate sites will only display the general information about a user's listing
(if they elect to make their listing public), including but not limited to general
description, city and state. All non-public customer information, including but
not limited to any personal or contact information will not be made available as
part of the published listings and will ONLY be available to registered users of
the GoNannies.com Matching Service. Non-public customer information will never be
made available to any non-registered users of the GoNannies.com Matching Service.
You irrevocably grant us the right to obtain a copyright in the compilation of listings
and communication threads, including your own.
Background Check Services. Background
check services made available by the Matching Service are provided by a third party
Consumer Reporting Agency (CRA) as defined by the Federal Trade Comission, and as
such, the Fair Credit Reporting Act (FCRA) governs its activities as such an agency.
The Matching Service may offer the ability for users to purchase and process pre-employment
verifications (background checks) on parties they are considering to employ, and
they must obtain all necessary authorizations from that potential employee as required
and facilitated by the Matching Service, the third party CRA, and the FCRA. Job
seekers have the ability to run Preliminary background checks on themselves and
make that information available to potential employers as they desire. Job seekers
are provided with precautions and safety information to allow them to safeguard
their information and limit exposure to their information to employers they have
met and determined they need their Preliminary background check information for
legitimate hiring purposes. Access to Preliminary background check results offered
by the Matching Service to customers of the Matching Service seeking to employ an
applicant may be offered free of charge to such employers, and are limited to database
and/or repository search results which are not legal to be used for making hiring
decisions. The Matching Service makes available supplemental background checks to
potential employers to supplement the Preliminary background checks and provide
information upon which a hiring decision CAN be made. Any background check, including
the Preliminary background checks, must be authorized by the person on whom the
background check will be run in accordance with FCRA regulations. Therefore, it
is a job seeker's prerogative to decline a request for access to view any background
check results and/or to run a background check.
Prohibited Behavior on Matching Service.
Listings and communications regarding participants in the Service may
not: (a) contain any information that is knowingly false, misleading or materially
inaccurate; (b) infringe any third party intellectual property or privacy rights;
(c) violate any law or regulation (including, without limitation, immigration laws,
employment laws, securities laws, export laws and technology transfer laws); (d)
contain any information that is defamatory, harassing or patently offensive; (e)
contain any obscene material (including, without limitation, child pornography);
(f) upload any virus or other deliberately destructive file or code; (g) make repetitive
communications or listings or interfere with normal Service operations; (h) advertise
other web sites, services or match-making services, (i) link to any content or service
that violates this Agreement; (j) use any robot or other automatic device to access,
copy, retrieve or use any content obtained from the Matching Service (this means
you must actually be present at your computer terminal and use the Matching Service
manually), (k) use any program or device to meta-search or consolidate listings
from our Service with listings or bids from other matching services. WE RESERVE
THE RIGHT TO REMOVE ANY LISTING OR COMMUNICATION AND SUSPEND OR TERMINATE ANY MEMBER
THAT VIOLATES THE FOREGOING PROVISIONS OR OTHERWISE ENGAGES IN BEHAVIOR THAT WE
IN OUR SOLE JUDGMENT CONSIDER TO BE INAPPROPRIATE.
Taxes. You are responsible for
the timely filing of any required returns and the payment of all applicable taxes
or levies, including interest and penalties imposed thereon ("Tax Claims") arising
from or relating to your use of the Matching Service or any goods or services bought,
sold or exchanged as a result of using the Service, and you agree to defend, indemnify
and hold our Service harmless from any and all Tax Claims.
No Endorsement. We do not review
or endorse the truth, accuracy, reliability, integrity or quality of any information
posted in the Matching Service, or any services exchanged as a result of such activities.
We do not screen prospective candidates or prospective employers. We urge you to
perform your own screening and investigation of any persons with whom you come into
contact with through the Service. We may provide you access to third party background
checking services. WE DO NOT WARRANT THE ACCURACY OF THESE SERVICES AND WE CAUTION
YOU THAT SUCH BACKGROUND CHECKING SERVICES MAY NOT BE COMPLETE OR ACCURATE AND THEREFORE
SHOULD BE USED ONLY AS PART OF AN OVERALL INVESTIGATION OF ANY CANDIDATE OR PROSPECTIVE
Outage Policy on Matching Service.
We are not responsible for any outage or disruption in your use of the Matching
Service, including, without limitation, any system outages.
Disputes Among Users of Matching Service.
Our Service is not a party to any exchange of information or to any
subsequent agreement to buy, sell or exchange services resulting from use of the
Matching Service. You agree to hold us harmless from and release our Service (including,
without limitation, our officers, directors, owners, agents, affiliates, and employees)
from any and all liability arising out of or in connection with any dispute that
may result from your use of the Service or any service, employment, or employee
obtained thereby (including, without limitation, any claim for direct, indirect,
incidental or consequential damages or attorney fees, even if we are advised of
the possibility of such damage, and whether arising in contract, tort or otherwise).
If you nevertheless try to involve us in a dispute, you will comply with the Governing
Law provision of this Agreement and pay our costs and expenses, including, without
limitation, reasonable legal fees.
California Residents: if you
reside in California, you waive the protection of California Civil Code Section
1542, which states: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the debtor."
We offer secure web pages, including the utilization of 128-bit encryption, to collect
certain kinds of information from users and we store certain kinds of sensitive
information in encrypted form. We follow reasonable technical and management practices
to help protect the confidentiality, security and integrity of data stored on our
system. While no computer system is completely secure, we believe the measures implemented
by our Service reduce the likelihood of security problems to a level appropriate
to the type of data involved.
and any future amendments to it, are hereby incorporated by reference in its entirety
into this Agreement and subject to these terms. Third parties providing goods or
services to you (including, without limitation, those advertising or providing links
on our Service) may have privacy policies or practices that differ from our own.
Please check their sites' privacy disclosures for details.
SHIPMENT AND DELIVERY.
As the product provided by our service is an online service, no product will be
delivered or shipped. All services are obtained on line through the use of this
WARRANTIES & LIABILITIES.
Warranty Disclaimer. Warranty Disclaimer.
THIS SERVICE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, COMMUNICATIONS,
FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND
DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL
WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, QUALITY, INTEGRATION,
ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
ARE DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION
OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE
SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT
OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
BY THIRD PARTIES.
No Professional Relationship.
THIS SERVICE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED
OR PROFESSIONAL NATURE, INCLUDING, WITHOUT LIMITATION, LEGAL, MEDICAL, ACCOUNTING,
FINANCIAL OR OTHER PROFESSIONAL CALLING. THE SERVICE DOES NOT PROVIDE FINANCIAL
SERVICES, REAL ESTATE BROKERAGE SERVICES, SECURITY BROKERAGE SERVICES, HOME LENDING
OR MORTGAGE SERVICES. NOTHING IN THIS SERVICE ESTABLISHES A PROFESSIONAL OR FIDUCIARY
RELATIONSHIP WITH YOU. ALL INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY
VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS.
Limitation of Liability. YOU
AGREE THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF
ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING
RISE TO YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR
ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR
CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE
AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to
defend, indemnify and hold harmless the Service and its officers, directors, owners,
agents, employees, advisers and consultants, from and against any claims, actions,
demands, liability, damages (including, without limitation, legal and professional
fees) asserted by any third party and arising from your use of the Service, your
conduct, content, communications, alleged infringement of third party intellectual
property or privacy rights, or violation of this Agreement.
Limitation of Remedies. You
agree that if the Service breaches this Agreement, your sole and exclusive remedy
will be to terminate this Agreement and your relationship with the Service. This
applies regardless of whether the remedy fails of its essential purpose.
Protected Parties. THE WARRANTY
DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN
THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS,
ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS,
PUBLISHERS AND PROMOTERS.
The Service is not responsible for any delay or failure in performance of the Service
in whole or in part for any reason including, without limitation: fires, floods,
storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications,
transportation, utilities, services or supplies, governmental action, computer viruses,
corruption of data, hacker attack, incompatible or defective equipment, software
or services or otherwise. Nothing herein enlarges any warranty or diminishes any
disclaimer under this Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty and lack of uniformity of laws in other jurisdictions
(particularly as applied to Internet sites), it is important to agree that our Service
operates solely in Denton County, Texas (our "Locality"). You are using the Internet
as your own agent to access and use our Service from the local Internet point of
presence (POP) here in our Locality and you are using the Internet or public carrier
as your local agent to take delivery of any information, products or services in
our Locality. This means all operations, services, deliveries, performance and contacts
of our Service occur solely in our Locality. Our Service does not submit to personal
jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
If you violate or exceed the scope of this Agreement or infringe our proprietary
rights, you agree we would be irreparably harmed and may (in addition to other relief
and without having to post bond) obtain a court order enjoining you from further
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE
LAWS OF TEXAS (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO
INITIATE AND MAINTAIN ANY LEGAL ACTION IN DALLAS, TEXAS AND IRREVOCABLY CONSENT
TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING
WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE
(e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright
issues between us. Since we make no warranties and have limited our liabilities,
you should have little reason to have a grievance with us. Should you nevertheless
bring legal action against us, you irrevocably agree it will be brought and maintained
within one (1) year after the claim arises or be barred. As disincentive for unwarranted
litigation, you agree that if you sue us and don't win on the merits, you will pay
our defense costs, including, without limitation, reasonable legal fees for in-house
and outside counsel. If we are required to enforce this Agreement or our rights,
you agree it is reasonable to send you legal notices and papers by electronic mail
at your stated address (we would also attempt to send you a backup copy by regular
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport
of technology, technical data and information across national boundaries is regulated
by the U.S. and certain foreign governments. You agree not to directly or indirectly
export or re-export any information, software or technology obtained from or through
the Service that requires an export license or governmental approval without first
obtaining that license or approval. This provision will survive termination of our
European Union Residents. If
If you reside in the European Union (EU) or if any transfer of information between
you and our Service is governed by the European Union Data Protection Directive
or national laws implementing that Directive, then you consent to the transfer of
such information outside of the European Union to your country and to such other
countries as may be contemplated by the features and activities provided by the
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the extent used by U.S. government personnel: this is a computer data base that
constitutes restricted computer software and is provided with RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions as set
forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs
(c) (1) and (2) of the Commercial Computer Software- Restricted Rights clause at
48 CFR 52.227-19, as applicable. Contractor is Longhorn Leads, LLC, 3701 Kirby Dr, Ste 1228, Houston, TX 77098.
RELATIONSHIP OF PARTIES.
There are no third party beneficiaries of this Agreement. The parties are independent
to one another and are not related by franchise, partnership, employment, joint
venture or otherwise. The Service is not responsible for any employment decision
made by any user of the Service. This Service is not a party to any transaction
between you and any third party advertisers or suppliers or other Service users.
You will look solely to the third party for all claims regarding their goods, services
RIGHT TO RELY ON INSTRUCTIONS.
The Service may act in reliance upon any instruction, information, document, filing,
name, email address or user password that meets the Service's automated criteria
or which is believed by the Service's personnel to be genuine. For any password
protected areas, the Service may assume a person entering a user name address and
associated password is, in fact, that user or is authorized by that user to act
on its behalf. The Service may assume the latest email addresses and registration
information on file with the Service are accurate and current. When programmed to
do so, the Service may take prescribed actions in the absence of receiving proper
and complete contrary instructions.
CHANGES TO SERVICE.
We reserve the right to modify, change or discontinue the Service or any feature
at any time without notice. You agree that the Service is not liable to you or to
any third party as a result of any such action.  We invite users to make suggestions
for ways that the Service can be improved. If you make a suggestion, you authorize
us to use the idea and to publish your name in connection with the submission. We
do not pay compensation for using submissions.
By making any use of such areas, you agree to be bound by such
Either party may terminate this Agreement in their sole discretion, at any time
with or without cause and regardless of the stated registration period otherwise
applicable. We reserve the right to suspend or terminate operation of this Service,
or any feature of this Service, at any time upon notice. Protections afforded to
us and to third parties by this Agreement will survive termination. If this Agreement
is suspended or terminated as a result of unauthorized use or infringement of rights
to Content obtained from the SERVICE, you agree that upon request, you will destroy
all copies of such Content in your possession or under your control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to
the following specific consumer rights information.
Pricing Information: Current
rates for using the Service may be obtained by calling (877) 466-2664. The Service
reserves the right to change fees, surcharges or to institute new fees at any time,
as provided in this Agreement.
Complaints: The Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento,
CA 95814, or by telephone at (916) 445-1254.
This document reflects our entire and exclusive agreement and supersedes all other
agreements regarding this subject matter, whether written or verbal. We reserve
the right to change this Agreement at any time by posting a new version on the Service.
Your continued use of this Service after the effective date of such amendment will
constitute your acceptance of it. Any other amendment to this Agreement shall be
in a pen-and-ink signed writing, regardless of any course of conduct or trade practice
between us. This electronic document or a hardcopy duplicate in good form shall
be considered an original document admissible into evidence unless the document's
authenticity is genuinely placed in question. We reserve the right to assign this
Agreement or delegate responsibility to any third party, including, without limitation,
a party acquiring any of our operating assets or ownership interests. All licenses
or permissions granted to you by this Agreement are personal in nature and may not
be assigned, sublicensed or otherwise transferred and any attempt to the contrary
is void. Any provision of this Agreement found by a court to be illegal or unenforceable
shall automatically be deemed conformed to the minimum requirements of law and shall
thereupon be given full force and effect as so modified. Waiver of a provision in
one instance shall not preclude our enforcement of it on future occasions. Headings
are for reference purposes only and have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe content on our Service infringes your copyrighted work and you want
the Service to take down the offending material, you will need to complete the following
Notice of Copyright Infringement and mail or fax it to our Registered Agent (do
not use this procedure for any other kind of communication):
Mail or Fax it to us:
VP Customer Relations
3701 Kirby Dr, Ste 1228,
Houston, TX 77098
Fax it to: (713) 526-1463
Notice of Copyright Infringement
I certify under the penalty of perjury that
I own or am authorized to act on behalf of the owner of the copyrighted work identified
below. I believe in good faith that the copyrighted work has been used on your Service
without authorization by the owner, its agents or according to law. I ask that you
remove or block access to the infringing material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
I certify under the penalties of perjury that the foregoing is true and correct
to the best of my information, knowledge and belief.
POLICY REGARDING TERMINATION OF USERS AND ACCOUNT HOLDERS WHO REPEATEDLY INFRINGE
THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
The unauthorized reproduction, copying, distribution, modification, public display
or public performance of copyrighted works constitutes copyright infringement. As a condition to your use of the Service,
you agree not to use the Service to infringe the intellectual property rights of
others in any way. We will terminate the accounts of any account holders, and block
access to the Service of any users, who are repeat infringers of the copyrights,
or other intellectual property rights, of others. We reserve the right to take these
actions at any time, in our sole discretion, with or without notice, and without
any liability to the account holder who is terminated or to the user whose access