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Terms & Conditions Of Use

Last updated September 8, 2023

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and
GiaCan Consulting (“Company,” “we” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly
incorporated by reference, govern your use of the website www.theexperiencednanny.com and any subdomains
(“Website”), including all materials, resources, information, and services on the Website,
whether as a guest or registered user.
 
Your access to and use of the Website is conditioned on your acceptance of and compliance
with these Terms. These Terms apply to all visitors, users, customers, and others who access or
use the Website.
 
By accessing or using the Website you agree to be bound by these Terms, without
modification, and acknowledge reading them. If you disagree with any part of the Terms, you
may not access the Website.
 
PRIVACY POLICY
Your use of the Website is also subject to our Privacy Policy. Please review our
Privacy Policy, which also governs the Website and informs users of our data collection
practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
 
DISCLAIMER
Your use of the Website is also subject to our Disclaimer. Please review our
Disclaimer, which also governs the Website and informs users of various limitations regarding
the information provided on the Website. Your agreement to the Disclaimer is hereby
incorporated into these Terms.
 
NO USE BY MINORS
To access or use the Website, you must be 18 years of age or older and have the requisite
power and authority to enter into these Terms. Children under the age of 18 are prohibited
from using the Website.
 
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for
all purchases made by you or someone acting on your behalf through the Website. You agree to
use the Website and to purchase services or products through the Website for legitimate, non-
commercial purposes only. You shall not post or transmit through the Website any material
that violates or infringes the rights of others, or that is threatening, abusive, defamatory,
libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise
objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

USE OF FREE DOWNLOADABLE CONTENT
We may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
You agree that you may only use the Gated Content for your personal or internal business use.
You agree that you will not sell, redistribute, or create any derivative works based upon the
Gated Content and you will not offer any competing products or services based upon any
information contained in the Gated Content.
 
MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any
artwork, photos, written works, or other media, including feedback and suggestions
(collectively, “Submissions”), you grant us, our affiliated companies, and any necessary sub-
licensees a worldwide, a nonexclusive, irrevocable license to use your Submission for
promotional, business development, and marketing purposes including, without limitation, the
right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate,
and reformat your Submission; and to publish your name in connection with your Submission.
We claim no intellectual property rights over your Submissions You retain copyrights and any
other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input, or otherwise make available on the Website any
Submissions protected by copyright, trademark, or other proprietary right without the express
written permission of the owner of the copyright, trademark, or other proprietary right, and the
burden of determining that any Submissions are not so protected rests entirely with you. You
shall be liable for any damage resulting from any infringement of copyrights, trademarks, or
other proprietary rights, or any other harm resulting from such a Submission.
By making a Submission to the Website, you represent or warrant that you own or otherwise
control all the rights to your Submission described herein including the authority to use and
distribute the Submission and that the use or display of the Submission as contemplated in this
section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold
us harmless from and against all claims, liabilities, and expenses arising out of any potential or
actual copyright or trademark misappropriation or infringement claimed against you arising
from your Submissions.
You further grant us the right to use your Submission for the purpose of improving our Website,
products, or services (and for any other purpose we deem necessary or desirable) without
being obliged to pay you any compensation for our use of your Submission. We are under no
obligation to post or use any Submission you may provide and may remove any Submission at
any time at our sole discretion. If you do send us unsolicited ideas, such ideas will be deemed
non-confidential, and we will not be required to provide any acknowledgement of their source.
 
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by us, including trademarks, copyrights,
proprietary information, and other intellectual property. We reserve all rights in and to our
common law and registered trademarks, service marks, copyrights, and other intellectual
property rights, including but not limited to text, graphics, photographs, video, design, and
packages, belonging to us or to our licensors (“IP”). You may not modify, publish, transmit,
participate in the transfer or sale of, create derivative works from, distribute, display,
reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or
in part, without our prior written consent. We reserve the right to immediately block your
access to the Website and remove you from any service, without refund, if you are caught
violating this intellectual property policy.
You are granted a non-exclusive, non-transferable, revocable license to access and use the
Website and the resources available for download from the Website (the “Content”) strictly in
accordance with these Terms of Use.
As a condition of your use of the Website, you warrant that you will not use the Content for any
purpose that is unlawful or prohibited by these Terms. You may not use the Content in any
manner that could damage, disable, overburden, or impair the Website or interfere with any
other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided for
through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Website, is our property or the property of
our licensors and is protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any
unauthorized use of any protected content. You agree not to delete or alter any proprietary
rights or attribution notices in any Content. You will use protected content solely for your
individual or internal business use and will make no other use of the Content without our
express written permission or permission from the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to our intellectual property or that of our licensors except as expressly
authorized by these Terms.
Our name, logo, slogan, and all related names, logos, product and service names, designs, and
slogans are the trademarks of our Company or of our affiliates or licensors. You must not use
such marks without our prior written permission. All other names, logos, product and service
names, designs, and slogans on this Website are the trademarks of their respective owners.
 
CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date
of the last revision will be indicated by the “Last updated” date at the top of this page. Any such
changes are effective immediately upon notice to you by us posting the new Terms on this
Website. We reserve the right to update any portion of our Website, including these Terms, at
any time. If you continue to use our Website after we have made revisions, your continued use
constitutes consent to the revised Terms, Privacy Policy, and Disclaimers.
 
NO WARRANTIES 
While we make every effort to ensure that the content on this Website is free from errors, we
do not give any warranty or other assurance as to the accuracy, completeness, timeliness or
fitness for any particular purpose of the content and materials on this site beyond reasonable
efforts to maintain the site. To the maximum extent permitted by law, we provide our website
and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING
BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
 
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.
ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR
NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM US.
 
NO GUARANTEE OF AVAILABILITY
Your use of the Website and any associated services may sometimes be subject to interruption
or delay. We reserve the right to withdraw or amend this Website and any service or material
provided on the Website in its sole discretion without notice. Due to the nature of the Internet
and electronic communications, we and our service providers do not make any warranty that
our Website or any associated resources or services will be error-free, without interruption or
delay, or free from defects in design. We will not be liable to you should our Website or the
resources or services supplied through our Website become unavailable, interrupted or delayed
for any reason. From time to time, we may restrict access to some parts of the Website, or the
entire Website, to users, including registered users.
Information provided on the Website and any resources provided on or available for download
from the Website is subject to change. We make no representation or warranty that the
information provided, regardless of its source, is accurate, complete, reliable, current, or error-
free. We disclaim all liability for any inaccuracy, error, or incompleteness in the information
provided.
 
MALICIOUS CODE
Although we endeavor to prevent the introduction of viruses or other malicious code
(“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any
data available on the Website, does not contain malicious code. We will not be liable for any
damages or harm attributable to malicious code. You are responsible for ensuring that the
process you employ for accessing our Website does not expose your computer system to the
risk of interference or damage from malicious code.
 
SECURITY 
The security of your contact information is of utmost importance to us.  However, you
acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept
responsibility or liability of any nature for any losses you may sustain as a result of such
unauthorized access or alteration.  All information transmitted to or from you is transmitted at
your own risk, and you assume all responsibility and risks arising in relation to your use of this
Website and the internet. We do not accept responsibility for any interference or damage to
your computer system that may arise in connection with your access to this Website or any
outbound hyperlinks.
 
THIRD-PARTY RESOURCES
The Website may contain links to external websites that are not provided by, maintained by, or
in any way affiliated with us. We do not guarantee and are not responsible for the availability,
accuracy, relevance, timeliness, or completeness of these external websites or any information
thereon. Links to such websites or resources do not imply any endorsement by or affiliation
with us. You acknowledge sole responsibility for and assume all risk arising from your use of any
such websites or resources. We may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
 
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages,
settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims
and causes of action, including, without limitation, attorney’s fees, arising out of your breach of
any of these Terms, your use of the Website, its content, and any product or service purchased
from the Website, or your failure to maintain the confidentiality and/or security of your
password or access rights to this Website and its resources. You shall provide us with such
assistance, without charge, as we may request in connection with any such defense, including,
without limitation, providing us with such information, documents, records, and reasonable
access to you, as we deem necessary. You shall not settle any third-party claim or waive any
defense without our prior written consent.
 
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of these Terms are included for
convenience only and shall not affect the construction or interpretation of any of its provisions.
If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall
be construed in accordance with applicable law so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law, and the remainder of the provisions shall
remain in full force and effect.
 
ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement
between us pertaining to the Website and supersedes all prior and contemporaneous
agreements, representations, and understandings between us. Any waiver by us of a breach of
or right under these Terms will not constitute a waiver of any other or subsequent breach or
right. No waiver shall be binding unless executed in writing.
 
GOVERNING LAW; JURISDICTION
These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the State of California, and the courts of California  shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in San Mateo County, California and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
 
ALTERNATIVE DISPUTE RESOLUTION
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or
relating to these Terms by mediation. The parties further agree that their respective good faith
participation in mediation is a condition precedent to pursuing any other available legal or
equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
 
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage
scenario here that applies to your intended usage contact us at hello@theexperiencednanny.com.
 
CONTACT INFORMATION
The owner of this website is GiaCan Consulting. You may contact us by email at hello@theexperiencednanny.com or by mail at 955 Mouton Circle, East Palo Alto, CA 94303

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