Terms & Conditions

Last Modified Aug 10th, 2021

Perfectly Nanny LLC, an Indiana limited liability company (“Perfectly Nanny”) provides a means to connect individuals who offer certain services (“Providers”) with individuals who seek to engage others to provide certain services (“Customers”), where such services may include childcare, adult care, and other domestic services.

Collectively, all users of the website may be referred to as “Users” herein. Unless otherwise noted, each section and provision of this Terms of Use applies to all Users, and “you” are a User of the Website (as defined below); “we”, “us”, and “our” refer to Perfectly Nanny.

The below terms and conditions govern your access to and use of [PerfectlyNanny.com] and Perfectly Nanny branded applications, including any content, functionality, and services offered on or through the same (collectively, the “Website”, and any services offered through the Website by Perfectly Nanny, the “Services”). Unless otherwise noted, these Terms of Use apply to you whether you create an account via the Website or use the Website as a guest.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, found at our privacy policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PERFECTLY NANNY THROUGH FINAL AND BINDING ARBITRATION.

This Website is offered and available to users who are [18] years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
1.Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter, and you are expected to check this page from time to time. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree with updated Terms of Use at any time, you should cease use of the Website, and if you have an account, you should cancel your account.

2. Accessing the Website. We reserve the right to withdraw or amend this Website and Services we provide, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all Users.

3.Registered Users. The Website allows both Providers and Customers to create a public profile (each, a “Profile”) under which Providers will list certain services they are willing to provide to others and may include their experience level and any qualifications related to such services, and Customers may list the services they are seeking and may include details regarding pay rates and any special qualifications they may be seeking. In order to create a Profile on the Website, a User must create an account on the Website (each, a “Registered User”). The following provisions will govern such accounts.
3.1.Personal Use of Account. Each individual may have only one account on the Website, and it must be in the real and legal name of the individual. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity. If you are a Customer, you may use your account only to find care for yourself, your parents, your children, or other individuals for whom you are the legal guardian. If you are a Provider, you may use your account only to find jobs for yourself, and you agree you will be the only party providing the services you offer.
3.2.Usernames and Passwords. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You do not have permission to transfer or assign any account or the use thereof to a third party.  We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Terms of Use or the Privacy Policy.
3.3.Contributions. Any information you provide on your Profile about yourself and the services you are offering or seeking may be collectively referred to as “Contributions.”
A.All Contributions are non-confidential and non-proprietary. You acknowledge that other Registered Users will be able to view all Contributions, and that certain aspects of the Contributions may be viewable publicly by Users of the Website who are not Registered Users and are using the Website as a guest. You hereby grant to us and our affiliates and services providers, and each of their and our respective licensees, successors, and assigns, the irrevocable, non-exclusive, worldwide, perpetual, royalty-free license and right to use, modify, reproduce, display, copy, distribute, publish, perform, sublicense, translate, create derivative works from, make available and otherwise exploit such Contributions for purposes of providing the Services.
B.For all Contributions, you represent and warrant that (i) you own or control all rights in and to the such Contributions, including any and all photos and videos, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) you are not breaching any agreement or legal requirement by providing such contributions; and (iii) all of your Contributions do and will comply with these Terms of Use.
C.You are prohibited from misstating or misrepresenting any aspect of your Profile, including but not limited to, personally identifiable information about yourself, your experiences, qualifications, or history of work. You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You agree that we are not responsible or liable to any third party for the content or accuracy of any Contribution posted by you and you will indemnify, defend, and hold us harmless from the same.

4.Limitation of Services.
4.1.You acknowledge that Perfectly Nanny’s Services are limited to providing an opportunity for connections to be made between Users of the Website. We are not an employment or staffing agency, and we do not provide any of the services offered by Providers. The services offered by any Provider are offered only by the Providers and not Perfectly Nanny. If you are a Customer and engage a Provider for any services, you are contracting directly with the Provider. If you are a Provider and accept any job from a Customer, you acknowledge you are contracting directly with the Customer. We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services performed by Providers, nor do we require Providers to accept any specific job opportunity.
4.2.You further acknowledge that any information provided on a Profile is provided solely by the User and is not confirmed by Perfectly Nanny. We cannot guarantee the accuracy or completeness of any Profile and we are not responsible for verifying any information provided on any Profile. It is your sole responsibility to vet another User and confirm their qualifications before engaging with that User, via any manner deemed appropriate between the Users. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF ANY INFORMATION POSTED BY A USER. WE CAUTION YOU TO, AND IT IS YOUR RESPONSIBILITY TO, VERIFY THE VALIDITY OF AND DETAILS OF ALL STATEMENTS MADE BY ANOTHER USER BEFORE ENGAGING WITH SUCH USER.
4.3.We do not offer payment processing for payments between Users. You agree that any payments agreed upon between Users will be completed through the payment method determined between Users in your discretion, and that you are responsible for setting forth any terms of engagement, including any agreements that you may desire. We do not provide or recommend either a method of payment, or any agreements or terms between Users. In the event of a dispute, we may have the ability to review any conversations which have occurred on the Website regarding payment details, but we are not required to resolve or arbitrate any dispute between Users regarding payment.
4.4.We do not refer or recommend any Users to other Users, nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Providers or the integrity, responsibility or actions of Providers or Customers. If the Website suggests any other User to you, that suggestion is based only on the information you have provided or requested and is not and shall not be considered to be a recommendation from Perfectly Nanny as to any specific individual or that individual’s suitably to engage with you for services.

5.Payments and Charges. We may require that Registered Users pay certain fees for their accounts. You agree to pay the charges set forth when you sign up for a Registered User account, and further agree to and acknowledge the below provisions.
5.1.Any payments made hereunder are payments for access to the Services provided by Perfectly Nanny through the Website, and do not guarantee that you will identify an appropriate Provider, or an appropriate Customer, with whom to engage for any services.
5.2.If your account requires a monthly recurring payment as set forth when you create the account, you agree that Perfectly Nanny may automatically charge your payment method on a monthly basis without further notice or consent from you. If you fail to make any payment or if your automatic payment does not transfer (including if your credit card company or financial institution refuses to pay any amount billed), we may provide you with a notice and allow you to remedy such nonpayment, or we may cancel your account in our sole discretion without further notice.
5.3.By providing a payment method or payment details, (i) you represent and warrant that you are an authorized user of such payment method and (ii) you are authorizing us (or our third-party payment provider) to charge all fees incurred by you. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by us. If you dispute a payment, you agree to first contact us regarding such dispute. You agree that you will not chargeback any amounts charged to your payment method.
5.4.If you desire to cancel your account, or if we cancel your account pursuant to this Terms of Service or our Privacy Policy, we will cease drawing any further payments from you, but we will not provide partial or pro rata refunds. You agree that we may retain such funds as an administrative fee. You further agree that until your account is terminated, you will continue to accrue charges for which you remain responsible, even if you do not access or use your account or the Services.
5.5.If we desire to change our pricing model, you will be alerted [60 days] in advance of the change in pricing and may cancel your account if you do not agree to the changes. If you do not cancel your account before a pricing change goes into effect, you will have agreed to the change in pricing.
5.6.We may use a third-party payment processor, and such payment processor may have separate terms of use or service. Such third-party payment processor’s terms of use are as set forth by such third-party on their platforms. As of the date of this terms of use, we are using PayPal and Stripe as our payment processors, whose terms can be accessed through their websites.

6.Prohibited Uses. You may use the Website only for lawful purposes, in accordance with these Terms of Use, and for the purposes set forth herein. Please review the below guidelines and limitations on use.
6.1.Data Mining, Scraping, Extraction. The information and material contained on the site is provided for your personal use only and may not be copied or redistributed for any reason. You may not under any circumstance use scrapers, miners, or any other tool or process, whether manual or automated, in order to extract or obtain information of other Users for any purpose other than the purposes described herein, including but not limited to, soliciting any User of the Website for purposes other than those intended by the Website; attempting to sell any product or service to Users other than the services intended by the Website; operating a competitive third-party site or application; selling such data and information to any third party; or retaining such data on your computer or other device. You acknowledge that Profiles and Contributions posted thereon may constitute copyrighted materials and misuse of the same may make you liable for certain penalties.
6.2.Violation of Law. You agree not to use the Website in any way (i) that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to transmit, or procure the sending of, any advertising or promotional material without our prior consent; (iv) to impersonate or attempt to impersonate any other party; (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm Users of the Website or expose them to liability, in our sole discretion; or (vi) to offer any illegal or immoral services to other Users.
6.3.Content Standards. You should not include on your Profile or otherwise communicate information to another User that (i) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any intellectual property right or other legal rights of any other person; (iv) is likely to deceive any person; (v) promotes any illegal activity, or advocate, promote, or assist any unlawful act; (vi) impersonates any person, or misrepresents your affiliation with any person or organization; or (vii) involves commercial activities or sales, other than as intended by Perfectly Nanny.
6.4.Interference with Use. You agree not to use the Website in any manner (i) that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party’s use of the Website; (ii) to introduce any viruses or other material that is malicious or technologically harmful; or (iii) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or attack the Website in any way.

7.Background Checks and Other Monitoring.
7.1.While Perfectly Nanny does not assume any obligation to verify any information provided by any User, or to confirm background information on any User including but not limited to criminal history, by registering as a Provider or Customer, you authorize us to utilize third party service providers to obtain a background check on you, and also, to obtain periodic verifications regarding your account, your background, and the information you include on your Profile. These third parties may use data from a variety of sources for these purposes in their discretion. We may also perform our own research regarding publicly available certification or qualification information, and other publicly available information about you. We may also reach out to you directly to obtain records verifying the information you include on your Profile, or if we need additional information to complete any background check or similar verification.
7.2.Notwithstanding anything herein to the contrary, we have the sole right to remove any Contribution posted to your Profile for any or no reason in our sole discretion, and terminate or suspend your account and/or access to all or part of the Website for any or no reason, including without limitation, a determination that in our opinion (i) you have violated this Terms of Use; (ii) your account or Profile could create liability for Perfectly Nanny or other Users; or (iii) your continued use of the Website poses a risk to other Users. Without limiting the generality of the foregoing, we also reserve the right to remove your Profile from the Website and terminate your account if we receive complaints about you or the services you provide from other Users, and further, we reserve the right to block users from certain IP addresses from accessing the Website. Please reach out to us if you have information that another User has included false, fraudulent, or inappropriate information on their Profile or in direct communications with you.

8.Intellectual Property Rights.
8.1.Proprietary Property. You acknowledge and agree that the Website and any software used in connection with the Website contains proprietary and confidential information that is protected by applicable intellectual property law and other laws. The Website and the entire contents, features, and functionality (including but not limited to all information, software, underlying code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) associated therewith are owned by Perfectly Nanny LLC and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. As between Users and Perfectly Nanny, all right, title and interest in and to any intellectual property incorporated, used, or made viable in connection with to the Services will remain solely with Perfectly Nanny. The term “Perfectly Nanny”, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Perfectly Nanny LLC. You agree that you are only using the Website for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website or about Perfectly Nanny.
8.2.These Terms of Use permit you to use the Website only for the purposes intended herein and not for any commercial use except as specified herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, intentionally store, or transmit any of the material on our Website. You may not modify copies of any materials from this site; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

9.Legal Investigations. We have the right to take appropriate legal action, including without limitation, refer you to law enforcement, for any illegal or unauthorized use of the Website, and we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PERFECTLY NANNY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10.  Reporting Infringement.
10.1.Copyright Infringement and DMCA Notices. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent at info@perfectlynanny.com. The written notice (the “DMCA Notice”) must include substantially all the details as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512). If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers. We may disclose your identity or other personal information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
10.2.Trademark and Impersonation. Unless and until given information to the contrary, we assume that each Registered User has the right to create such account, make Contributions to the Website, and otherwise use the Website. We are not liable to any third-party if an unauthorized account is created on their behalf. If you feel that an account has been created on our Website on behalf of your entity that was not authorized, please use the email address noted in Section 10.1 herein to report such impersonation of your entity.

11.  Geographic Restrictions. The owner of the Website is based in the State of Indiana in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12.  Disclaimer of Warranties.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PERFECTLY NANNY NOR ANY PERSON ASSOCIATED WITH PERFECTLY NANNY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PERFECTLY NANNY NOR ANYONE ASSOCIATED WITH PERFECTLY NANNY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

13.  Assumption of Risk. WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A PROVIDER OR TO EMPLOY THE SERVICES OF A PROVIDER. YOUR DECISION TO ENGAGE OFFLINE WITH ANOTHER USER FOR ANY PURPOSE IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT FINDING CARE-RELATED SERVICE PROVIDERS OR OTHER DOMESTIC SERVICES PROVIDERS VIA AN ONLINE PLATFORM COMES WITH CERTAIN INHERENT RISKS. WE DO NOT PROVIDE ANY TRAINING, SUPERVISION, OR MONITORING OF PROVIDERS OR CUSTOMERS, AND WE CANNOT GUARANTEE THAT ALL OF YOUR INTERACTIONS AND ENGAGEMENTS WITH OTHER USERS, THEIR FAMILIES, OR OTHERS ASSOCIATED WITH THEM, WILL ALWAYS BE RESPECTFUL, SAFE, OR FULFILL YOUR SPECIFIC EXPECTATIONS. YOU AGREE TO ASSUME ALL RISKS WHEN USING THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE RISK THAT YOUR ENGAGEMENT WITH ANOTHER USER AND THEIR PROVISION OF SERVICES, OR ANY OF THEIR ACTION OR INACTION, RESULTS IN INJURY, ILLNESS, OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE OR LOSS OF PROPERTY. YOU SHOULD TAKE ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, INCLUDING BUT NOT LIMITED TO PRECAUTIONS YOU WOULD TAKE WHEN IDENTIFYING A CARE PROVIDER OR DOMESTIC SERVICE PROVIDER BY ANY OTHER MEANS OR METHODS.

14.  Limitation of Liability. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LOSSES, OR EXPENSES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF, INABILITY TO USE, OR RESULTS FROM USING, THE WEBSITE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO: (I) DAMAGES RELATED TO ANY INFORMATION RECEIVED FROM THE WEBSITE OR ANOTHER USER; (II) REMOVAL OF CONTENT FROM YOUR OR ANY OTHER PROFILE; (III) TERMINATION OF YOUR ACCOUNT OR ABILITY TO ACCESS THE WEBSITE; (IV) FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (V) PERSONAL INJURY, EMOTIONAL DISTRESS, PAIN AND SUFFERING, OR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY USERS WHETHER ONLINE OR OFFLINE, INCLUDING ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU; (VI) LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA. THE FOREGOING LIMITATIONS APPLY WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE OR OUR REPRESENTATIVES ARE OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. IF, DESPITE THE ABOVE, WE ARE FOUND LIABLE FOR ANY DAMAGES, LOSSES, OR EXPENSES, UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF, INABILITY TO USE, OR RESULTS FROM USING, THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OVER THE PAST 6 MONTHS, OR, IF YOU HAVE NOT PAID US IN THE PREVIOUS 6 MONTHS, THE AMOUNT OF $20.00.

15.  Indemnification. By agreeing to these Terms, you agree to indemnify and hold harmless, and at our request, defend, Perfectly Nanny and our owners, members, shareholders, managers, directors, officers, agents, and representatives (“PN Parties”), from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs, incurred by any PN Party in connection with any claim by a third party (including an intellectual property claim) arising out of (i) any information or materials you submit, post or transmit through the Website, (ii) use of the Website by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any services you provide or fail to provide to another User of the Website. You further agree to hold all PN Parties harmless from any claim arising from a third party’s use of information or materials of any kind that you post to the Website.

16.  Governing Law and Arbitration. YOU SHOULD READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
16.1.All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
16.2.You and Perfectly Nanny will engage in good faith negotiation to resolve any dispute, claim, or question, and use respective best efforts to settle the same, as a condition precedent to either party initiating any court action, lawsuit, mediation, or arbitration. If no resolution is reached, either party may initiate binding arbitration as the sole means to resolve claims, as provided herein. All claims arising out of or relating to this Agreement, including access to and use of the Services, shall be finally settled by binding arbitration administered by JAMS under the applicable commercial arbitration rules, excluding any rules or procedures governing or permitting class actions. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, non-appealable, and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
16.3.The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

17.  Waiver of Class and Representative Actions. YOU AGREE THAT USERS MAY BRING CLAIMS AGAINST A PN PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION, OR PROCEEDING. AN ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS AGAINST US AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

18.  Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19.  Entire Agreement. This Terms of Use and the Privacy Policy contain the entire agreement between Perfectly Nanny and you as a User of the Services. No other communications, whether direct or indirect, between you and Perfectly Nanny will, or are intended to, alter, or supersede any provision of this Terms of Use or Privacy Policy.

20.  Waiver and Severability. No waiver by Perfectly Nanny of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Perfectly Nanny to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21.  Comments and Concerns.  We welcome our Users to report any suspected violation of this Terms of User or Privacy Policy, including allegedly incorrect information posted by Users, by reaching out to us using the following contact email: info@perfectlynanny.com. We will investigate any such report and may act as we deem appropriate in our sole discretion.