Terms of service.

Agreement to our legal terms

We are Travel Nanny Concierge Inc., doing business as Travel Nanny ("Company," "we," "us," "our"). Company registered in Delaware, United States with a principal business address at 16192 Coastal Highway, Lewes, DE 19958.

We operate the website https://travelnanny.com (the "Site"), as well as all related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by email at hello@travelnanny.com or by mail at 16192 Coastal Highway, Lewes, DE 19958, United States.

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Travel Nanny Concierge Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

You can contact us by email at support@travelnanny.com or by mail to

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated into these Legal Terms by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms. We will alert you about any changes by updating the "Last updated" date and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted any changes to the revised Legal Terms by your continued use of the Services after they are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.

1. Our services

The Services and any information provided through them are intended for use only in jurisdictions where such Services may be lawfully offered. The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would impose additional legal, regulatory, or licensing requirements on Travel Nanny Concierge Inc.

Furthermore, all users, including those outside the United States, must ensure compliance with their local laws and regulations, particularly concerning employment, child protection, and childcare licensing laws. Users shall be solely responsible for such compliance and agree to indemnify, defend, and hold harmless Travel Nanny Concierge Inc. from any claims, damages, or expenses arising from non-compliance with such laws.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions with the Services would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). You are solely responsible for ensuring that your use of the Services complies with all applicable industry regulations.

2. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

A. Use of services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: (a) access the Services; and (b) download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@travelnanny.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

B. Submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. To the extent such assignment is not permitted by law, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, distribute, and display the Submission. Any Submission that is publicly posted shall also be treated as a Contribution. You acknowledge and agree that Contributions may be viewable by other users of the Services.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

• (1) confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• (2) to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• (3) warrant that all such Submission and/or Contributions are original to you or that you have the necessary rights and permissions to post them, and that you have the authority to grant us the above-mentioned rights and warrant and represent that your Submissions and/or Contributions do not contain confidential or proprietary information. You further agree not to impersonate another individual or misrepresent your affiliation with any person or entity when posting Contributions.

You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

C. Copyright infringement

We respect the intellectual property rights of others and ask that users of our Services do the same. If you believe that any material available on or through our Services infringes upon any copyright you own or control, you may submit a notification pursuant to the "Digital Millennium Copyright Act (DMCA) Notice and Policy" section below.

3. User representations

By using the Services, you represent and warrant that:

• (1) All registration information you submit will be true, accurate, current, and complete;
• (2) You will maintain the accuracy of such information and promptly update such registration information as necessary.
• (3) You have the legal capacity, and you agree to comply with these Legal Terms;
• (4) You are at least 18 years old. This age requirement applies regardless of any lower age of majority in your jurisdiction;
• (5) You will not access the Services through automated or non-human means (e.g., bot, script or similar technologies);
• (6) You will not use the Services for any illegal or unauthorized purpose; and
• (7) Your use of the Services will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User registration

You may be required to register to use the Services. You agree to:

• (1) Keep your password confidential;
• (2) Be responsible for all use of your account and password.

We reserve the right, in our sole discretion, to remove, reclaim, or change a username you select if we determine that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and payment

We accept the following forms of payment:

- Visa
- Mastercard
- American Express
- Discover
- PayPal
- Stripe
- Zelle

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You agree to promptly update such information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax and any applicable service fees will be added to the purchase price as deemed appropriated by us, in accordance with applicable law or our discretion. All payments must be made in US dollars. You agree to pay all charges at the prices then in effect at the time of purchase including applicable taxes, shipping fees, and surcharges. You authorize us to charge your selected payment method for all such amounts.

We reserve the right to:

- Correct any errors in pricing or descriptions, even if payment has already been requested or received;
- Refuse or cancel any order;
- Limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, distributors, or unauthorized parties;
- Limit purchases per person, per household, or per order.

6. No refund policy

Except as otherwise stated in this Agreement, all sales are final, and no refund shall be issued.

7. Prohibited activities

You may use the Services only for lawful purposes and in accordance with these Terms. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree NOT to:

• (1) Systematically retrieve data or other content to create a collection, compilation, database, or directory without our written permission;
• (2) Trick, defraud, or mislead us and other users, particularly in efforts to obtain sensitive information such as user passwords;
• (3) Circumvent, disable, or otherwise interfere with security-related features of the Services;
• (4) Harass, abuse, or harm another person;
• (5) Submit false reports of abuse or misconduct;
• (6) Upload or transmit Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• (7) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content.
• (8) Attempt to impersonate another user or person or use the username of another user.
• (9) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• (10) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• (11) Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• (12) Use a buying agent or purchasing agent to make purchases on the Services.
• (13) Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• (14) Use the Services to advertise or offer to sell goods and services. Sell or otherwise transfer your profile.

8. User generated contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy

When you create or make available any Contributions, you thereby represent and warrant that:

• (1) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
• (2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms;
• (3) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms;
• (4) Your Contributions are not false, inaccurate, or misleading;
• (5) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
• (6) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
• (7) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
• (8) Your Contributions do not violate any applicable law, regulation, or rule;
• (9) Your Contributions do not violate the privacy or publicity rights of any third party;
• (10) Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
• (11) Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. Contribution license

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. Guidelines for reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

• (1) You should have firsthand experience with the person/entity being reviewed;
• (2) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
• (3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
• (4) Your reviews should not contain references to illegal activity;
• (5) You should not be affiliated with competitors if posting negative reviews;
• (6) You should not make any conclusions as to the legality of conduct;
• (7) You may not post any false or misleading statements;
• (8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

11. Social media

As part of the Services, you may link your account with your accounts on third-party platforms ("Third-Party Account") by either:

• (1) providing your Third-Party Account login information through the Services; or
• (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you have the legal right to disclose your login credentials and/or grant us access to your Third-Party Account, without violating any applicable terms or incurring any fees or restrictions. You acknowledge that such information will be handled in accordance with our Privacy Policy and applicable data protection laws.

By linking a Third-Party Accounts, you understand that:

• (1) We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") including friend lists, as permitted by your privacy settings.
• (2) We may receive additional information from your Third-Party Account as disclosed to you when connecting the accounts.

Please note that if a Third-Party Account or associated service becomes unavailable or our access is revoked, any related content may no longer be accessible through the Services. You may disable the connection between your Services account and your Third-Party Accounts at any time via your account settings or by contacting us directly. We will attempt to delete all such information stored on our servers, except for your username and profile picture which may remain associated with your account.

IMPORTANT: YOUR RELATIONSHIP WITH ANY THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THAT PROVIDER.

We do not review or assume responsibility for the accuracy, legality, or appropriateness of Social Network Content. We may also access your email address book and contacts list on your device to identify users you may know who are also registered with our Services. You can opt out of this at any time.

12. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

13. Services management

We reserve the right, but not the obligation to:

• (1) Monitor the Services for violations of these Legal Terms;
• (2) Take legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
• (3) Refuse, restrict access to, limit or disable access to your Contributions or the Services entirely, at our discretion and without notice or liability;
• (4) Remove or disable all files and content that are excessive in size or place an undue burden on our systems; and
• (5) Otherwise manage the Services to protect our rights and ensure property functionality.

14. Privacy policy

We care about data privacy and security. Please review our Privacy Policy: https://travelnanny.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States, Japan and Taiwan. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, Japan and Taiwan, then through your continued use of the Services, you are transferring your data to the United States, Japan and Taiwan, and you expressly consent to have your data transferred to and processed in the United States, Japan and Taiwan.

15. Digital Millennium Copyright Act (DMCA) notice and policy

A. Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes a copyright you own or control, please send a written DMCA notification ("Notification") to our Designated Copyright Agent, containing the following:

• (1) A physical or electronic signature of a person authorized;
• (2) Identification of the copyrighted work(s) claimed to have been infringed;
• (3) Identification of the material claimed to be infringing and its location of the Services
• (4) Your contact information (name, address, phone number, and email address);
• (5) A statement that you have good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
• (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

B. Counter notification

If you believe your material was removed or disabled by mistake or misidentification, you may submit a written Counter Notification including the following:

• (1) Identification of the material that has been removed and its previous location on the Services;
• (2) A statement consenting to the jurisdiction of the U.S. Federal District Court in your area, or in any judicial district where we are located if outside the United States;
• (3) A statement that you will accept service of process from the original complainant or their agent;
• (4) Your physical or electronic signature.

Upon receiving a valid Counter Notification, we may restore the removed material, unless the original complainant files a court action against you.

IMPORTANT: Knowingly submitting false information in a Notification or Counter Notification may result in legal liability.

Designated Copyright Agent
Nova Law Group PC
Attn: Copyright Agent
United States
nick@novalawsf.com

16. Term and termination

These Legal Terms shall remain in full force and effect while you use the Services. TRAVEL NANNY CONCIERGE INC. RESERVES THE RIGHT TO, AT ITS SOLE AND WITHOUT NOTICE TO DENY ACCESS TO ANY PERSON FOR ANY REASON (OR NO REASON), BLOC IP ADDRESSES, TERMINATE OR SUSPEND YOUR ACCOUNT AND PARTICIPATION, DELETE YOUR ACCOUNT, AND ANY CONTENT YOU POSTED THIS MAY OCCUR FOR VIOLATIONS OF ANY PROVISION IN THESE LEGAL TERMS, APPLICABLE LAWS OR REGULATIONS, OR AT OUR SOLE DISCRETION. If your account is terminated you may not register a new account under your name, a false name, or a third party's name even if acting on their behalf. We may also pursue civil, criminal, or injunctive relief.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without prior notice. We are not obligated to update content or ensure uninterrupted availability. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. Governing law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

19. Dispute resolution

A. Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

B. Binding arbitration

If the parties are unable to resolve any dispute, claim, or controversy arising out of or relating to these Legal Terms or the use of the Services ("Dispute") through informal negotiations as outlined above, such Dispute shall be finally and exclusively resolved by binding arbitration, except as otherwise expressly provided below.

YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THESE LEGAL TERMS, YOU AND TRAVEL NANNY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. Governing arbitration rules. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA's Consumer Arbitration Rules, which are available at www.adr.org or by calling 1-800-778-7879.

Unless otherwise required by law or the AAA rules, arbitration shall take place in San Francisco, California or such other location as may be mutually agreed upon by the parties. Arbitration may be conducted in person, by phone, by video, or through submission of documents, as determined by the arbitrator and agreed upon by the parties.

The arbitrator shall be a licensed attorney or retired judge with experience in the subject matter of the Dispute. The arbitrator shall apply applicable law and shall issue a reasoned written decision stating the essential findings and conclusions. The arbitrator shall have the authority to award any remedy available in a court of law, including injunctive or declaratory relief, on an individual basis only.

2. Class action and collective action waiver. To the fullest extent permitted by law, all arbitration proceedings shall be conducted only on an individual basis and not as a class, collective, representative, or consolidated action. No party shall have the right to bring or participate in a class action, class arbitration, or other representative proceeding against the other.

If a court determines that the foregoing waiver is unenforceable as to a particular claim or request for relief, then such claim or request for relief shall be severed from the arbitration and brought in a court of competent jurisdiction, and all other claims shall remain subject to arbitration.

3. California PAGA claims. To the extent permitted by law, any claim brought under the California Private Attorneys General Act (PAGA) must be arbitrated on an individual basis only. The arbitrator shall not have authority to hear or decide any PAGA claim on a representative basis. If a court finds this individual PAGA requirement unenforceable, then the PAGA claim shall be severed and litigated in court.

4. Opt-out. You may opt out of this arbitration provision by sending a written notice to [insert email] within seven (7) calendar days of your first acceptance of these Legal Terms. Your notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. If you do not opt out, this arbitration agreement will be binding.

5. Exceptions and court proceedings. Nothing in this Section shall prevent either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent immediate or irreparable harm. Either party may also bring a claim in small claims court if eligible under applicable rules.

Any court proceeding permitted under this Agreement shall be brought exclusively in the state or federal courts located in Lewes, Delaware, and each party waives any objection to jurisdiction, venue, or forum non conveniens.

6. Exceptions to informal negotiations and arbitrations. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

7. Filing deadline. All Disputes must be filed within two (2) years of the date the claim arose, or one (1) year after discovery of the claim, whichever is later. If this limitation is held to be unenforceable as to any specific claim, that claim shall be litigated in court rather than resolved by arbitration.

8. Governing law. This Arbitration Agreement shall be governed by and construed in accordance with the Federal Arbitration Act and, to the extent not preempted, the laws of the State of Delaware, excluding its conflict of law rules. These Legal Terms expressly exclude application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA).

C. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to informal negotiations and arbitrations

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE (1) ACCURACY OR COMPLETENESS OF ANY CONTENT; (2) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE (3) THAT BUGS, VIRUSES, OR HARMFUL COMPONENTS WILL NOT BE TRANSMITTED (4) THAT LINKED WEBSITES OR ADVERTISEMENTS ARE TRUSTWORTHY. WE ARE NOT LIABLE FOR (1) ANY ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE; (3) UNAUTHORIZED ACCESS TO YOUR DATA; (4) SERVICE INTERRUPTIONS; (5) MALWARE FROM THIRD PARTIES; (6) LOSS OR DAMAGE FROM USER-POSTED CONTENT. YOU ARE RESPONSIBLE FOR EVALUATING THIRD-PARTY PRODUCTS OR SERVICES.

22. Limitations of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, INCLUDING OUR DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES— INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES—ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF:

• (i) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR
• (ii) FIVE HUNDRED DOLLARS (US$500).

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLIES TO ALL USERS REGARDLESS OF GEOGRAPHICAL LOCATION, INCLUDING USERS OUTSIDE THE UNITED STATES. TO THE EXTENT PERMITTED BY LAW, USERS WHO ARE NON-U.S. RESIDENTS EXPRESSLY AGREE TO WAIVE THE APPLICATION OF ANY FOREIGN LAWS THAT MANDATE HIGHER LIABILITY STANDARDS THAN THOSE SET FORTH HEREIN.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, licensors, service providers, and all of our respective officers, directors, agents, partners, contractors, and employees (collectively, the "Indemnified Parties"), from and against any and all losses, damages, liabilities, demands, claims, penalties, fines, or expenses (including reasonable attorneys' fees and court costs), made by any third party due to or arising out of:

• (1) Your Contributions or any content you submit, post, transmit, or otherwise make available through the Services;
• (2) Your use of the Services, including but not limited to services arranged between nannies and families through the platform;
• (3) Your breach or alleged breach of these Legal Terms or any violation of applicable laws, rules, or regulations (including tax or employment obligations in your jurisdiction);
• (4) Any breach of your representations and warranties set forth in these Legal Terms;
• (5) Your violation of the rights of any third party, including but not limited to intellectual property rights or privacy rights;
• (6) Any overt harmful act toward any other user of the Services with whom you connected via the Services;
• (7) Any claims arising out of cross-border transactions or interactions, including but not limited to employment disputes, visa or immigration issues, local labor law violations, or compliance with international or foreign child labor laws;
• (8) Any claims, disputes, or damages arising from the care, supervision, transportation, or general conduct toward children or dependents, whether as a nanny, family, or other participant in the Services, except to the extent such claims arise from our gross negligence or willful misconduct;
• (9) Any bodily injury (including death), property damage, or other personal harm allegedly caused by your actions or omissions in connection with your use of the Services or engagements facilitated through the platform;
• (10) Any misrepresentation made by you in connection with the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you promptly of any such claim, action, or proceeding upon becoming aware of it.

This indemnity applies regardless of whether the claim arises in contract, tort, equity, or otherwise, and shall survive your use of the Services and any termination of your account or access.

24. Cross-border use disclaimer

We operate and provide Services from the United States but our platform may be accessed by users whether nannies or families from outside the country. By using the Services, you acknowledge and agree that:

25. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. Electronic communications, transactions, and signatures

Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

28. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

29. Cancellation and deposit policy

A $49.99 Non-refundable Deposit to secure a booking will be paid to Travel Nanny upon a booking request and the booking total for all services is due in full upon confirmation of booking a selected nanny. Cancellations 2 week in advance receive full refund less the non-refundable deposit. Cancellations 1 week in advance receive 50% refund less the non-refundable deposit. Cancellations less than 1 week in advance are non-refundable, but modifications are allowed via the TravelNanny.com platform.

30. Modification policy

Families that seek to modify their reservation must do so via the TravelNanny.com platform. Modifications shall not be finalized until the Nanny agrees to the modification on the TravelNanny.com platform. Once Modifications have been mutually agreed upon, the rates and fees shall be updated accordingly in proportion to the original reservation rates and fees.

31. No off-platform booking policy

To ensure maximum safety and family-nanny trust, Families and Nannies shall exclusively arrange Nanny reservations through https://travelnanny.com. Families shall only pay Nannies through the TravelNanny.com platform and any modifications of the reservation shall be arranged solely in accordance with the Modification Policy. Failure to comply with this Policy will result in financial penalties, account termination, and platform bans.

32. Meals and transportation

Families are strongly encouraged to provide meals for the nanny whenever the children are being fed and for all reservations lasting more than four hours. While the nanny is not required to eat at the same time as the children or family, particularly when occupied with caregiving duties, they should be reasonably afforded the opportunity to eat at another appropriate time. Meals provided do not need to be the same as those served to the children or family but should be.

33. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Travel Nanny Concierge Inc.
hello@travelnanny.com
16192 Coastal Highway Lewes, DE 19958
(800) 952-5210 or (916) 445-1254.