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Terms of Service

These Terms of Service (these “Terms”) contain the terms and conditions under which individuals may use the website or mobile application and access the services offered by The Nest Nannies and Sitters LLC. (“The Nest”, “we”, “us” and “our”). These Terms comprise a legal agreement between The Nest and you, the person accessing and using the website or mobile application (“you” or “User”) with respect to your use of the Services (defined below). We own, operate and maintain the The Nest Nannies and Sitters website at thenestnanniesandsiter.com

(“Website”), the Nest Nannies and Sitters mobile application (“App” and referred to collectively with the Website, as “The Nest”) and Services. By downloading, accessing and/or using The Nest, you are deemed to have read and be bound by these Terms which shall govern your access and use of The Nest, including any content, functionality, and Services offered on or through The Nest, whether as a guest or a registered user. 

Through this Site, you may register as a professional (“Nanny, household manager, etc.”) or register as someone who is seeking child care and domestic household services (“Client”). We then take the information you have provided through the Site and attempt to match Clients with professionals (the “Services”). Your use of the Site and our Services is subject to the terms of a legal agreement between you and The Nest Nannies and Sitters, LLC (“Company” or “we” or “us”), the owner of the Site. These “Terms of Use” (the “Agreement”) contain the terms of that legal agreement. The terms “you” or “your” refer to the individual(s) accessing the Site. To use the Site or the Services you must first agree to the terms of this Agreement. You acknowledge your acceptance of this Agreement and any other terms posted on the Site by: i) clicking to accept or agree, where this option is made available to you; or ii) by actually signing up for and/or using the Site.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITE. 

 

By using the Website, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. 

We reserve the right to amend this Agreement at any time as provided in this Agreement. You may reject the changes by simply not using the Site or terminating your account, if applicable.

Should you have any questions or concerns about this Agreement or would like to simply better understand how we do things, please do not hesitate to contact us.

In consideration of use of the Site and in consideration of The Nest Nannies and Sitters providing the Services, you represent and warrant that all information provided to The Nest Nannies and Sitters, LLC is true, accurate, current and complete. You further agree to update any information provided to The Nest to the extent necessary to keep it true, accurate, current and complete. You further represent and warrant that you are at least eighteen years of age and lawfully reside in the United States. You agree to indemnify and hold harmless The Nest Nannies and Sitters and its affiliates from and against any and all fines, losses, or other damages resulting from the inaccuracy of any of your representations and warranties set forth in these Terms. You authorize The Nest Nannies and Sitters to take whatever steps it deems necessary, in its sole discretion, to verify the accuracy of your representations and warranties.

The Nest Nannies and Sitters, LLC is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. The Nest does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.

You specifically acknowledge and agree that Company is only a conduit for that allows for potential Clients to interview and hire an employee.  Company takes no responsibility and assumes no liability for any actions or non-actions of any Client or any Professional employee. You agree that your use of the Services is governed by this Agreement and the “Agreement for Domestic or Childcare Services” or the “Nanny Agreement” (each the “Services Contract”), as applicable, that you signed. 

The relationship of the parties is that of an independent contractor. This Agreement does not create a joint venture or partnership between you and Company, and each will act independently of the other. Neither you nor Company is empowered to bind or commit the other to any other contract or other obligation.   

You agree that you will always abide by all laws, rules and regulations in performing work as a domestic employee or in employing a domestic employee as a Client.

TO THE FULLEST EXTENT PROVIDED BY LAW, CAREGUIDE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “NEST NANNIES AND SITTERS" PARTIES”) SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE NEST NANNIES AND SITTERS, THE SERVICES, OR ANY CAREGUIDE CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) IN EXCESS OF THE MAXIMUM AGGREGATE AMOUNT EQUAL TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE CLAIM.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE NEST NANNIES AND SITTERS PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF NEST NANNIES AND SITTERS OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE NEST NANNIES AND SITTERS OR THE USE OF, OR RELIANCE ON, ANY CAREGUIDE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE NEST NANNIES AND SITTERS, OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE NEST NANNIES AND SITTERS PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We are not a party to the relationship between the Service Seeker and the Service Provider, and shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.

We offer online services to match individuals and families with various service providers, including, but not limited to nannies, babysitting, house managers, overnight nannies, newborn care specialists, nanny educators, family assistants and enrichment specialists (collectively referred to as “Placement”). The Placement facilitates the matching of Service Seekers and Service Providers by our Placement Specialist conducting searches to allow Service Seekers to find the appropriate Service Provider based on their preferences and needs. We reserve the right to re-post a Service Seeker's request of service as a form of advertisement on external third-party websites for the purposes of ensuring exposure of the Seeker's request and/or provision of Placement Services. Any such re-posting on an external third-party websites will not include Personal Information (as defined below) of the Service Seeker.

Information regarding pricing and fees may be available on the Company website or provided to you by Company. Prices are subject to change at any time at Company’s discretion. Taxes, if any and as required by law, are in addition to all prices listed.

We encourage our Clients employing domestic employees to seek payroll and tax services through Homepay or sites as such. More specifically, we DO offer complete payroll services for The Nest's Backup Sitters service and position only currently. Payroll terms and conditions will be provide by The Company at request and/or once obtaining Sitter Services. 

Either party can terminate this Agreement at any time and for any reason including its own convenience. Termination does not relieve you of your obligations as defined in this Agreement.

Upon termination for any reason, Company may, but is not obligated to, delete all of your information provided to us when you registered. Company shall not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information. Please be aware that if you terminate you may have to go through the application process again. 

 

Except as provided in this Agreement and the applicable Services Contract, there is no refund for terminations or portion of unused periods of time. 

 

Company may terminate or restrict your use of the Service, without any refund or other compensation or notice if you are, or if Company suspects that you are: (i) in violation of any term of this Agreement; or (ii) engaged in illegal or improper use of the Service. 

COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR FOR ANY DAMAGE RELATED TO THE USE OF, OR INABILITY TO USE, THE WEB SITE OR THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS SHALL BE FOR THOSE DIRECT DAMAGES SUFFERED BY YOU AND SOLELY DUE TO COMPANY’S PERFORMANCE UNDER THIS AGREEMENT AND SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO COMPANY FOR THE SERVICES DIRECTLY RELATED TO THE DAMAGES SUFFERED.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.  Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Agreement may not apply to you.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS PARTNERS AND LICENSORS, DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: I) THAT THE CONTENT OF THE SITE IS ACCURATE OR COMPLETE; or II) THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; or III) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; or IV) THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

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