ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT OR IN CASE OF CERTAIN LIMITED EXCEPTIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Wana “Site” includes http://wanafam.ly and any other websites, pages, mobile applications, or social media accounts operated by Wana.
The Wana “Services” include products, tools, and interactions, both online and offline, provided by Wana to help families with children meet other families with children for the purpose of exchanging babysitting. Services are described in further detail below.
Any and all visitors to the Site shall be deemed "Users" for the purpose of these terms. Any User who represents a household of adults with child dependents and who registers for our Services, through the process of successfully creating a profile, shall be referred to as a “Family.” A User who subscribes to receive marketing content through the Site but does not or cannot, due to eligibility requirements, create a profile, shall be referred to as a “Friend.”
Families may acquire, give, and receive virtual credits for use on the Site, hereafter called “Points.”
A “Sit” shall be defined as a discrete occurrence where a Family (or Families) babysits for another Family (or Families) using the Site and the Services.
A Sit shall be “Concluded” when the scheduled time for the babysit has passed and “Completed” when the involved Families have acknowledged the
Sit’s Completion through the Site and approved the number of Points for transfer.
Users may upload, transmit, or otherwise contribute (“Post”) information, profiles, messages, reviews, images, sounds, videos, or other data to the Site, hereafter referred to as “Content.”
References herein to “we”, “us”, “our”, and “ours” means Wana. References herein to “you”, “your”, “yours”, and “yourself” means you as the User.
ACCEPTANCE OF TERMS
The following Terms is a legally binding agreement that shall govern Wana’s relationship with our Users and others that may interact or interface with Wana in association with the use of the Wana Site and Services. By using the Site or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms, and you commit to abide by all of the terms and conditions hereof.
These Terms may be changed by Wana, from time to time, at Wana’s sole discretion. You are encouraged to regularly revisit this page, http://wanafam.ly/terms, and read the Terms to ensure that you acknowledge the updated version of the Terms. As a courtesy, Wana will post at the top the date when the Terms were last modified. Your continued use of the Site and/or Services constitute acceptance of any and all changes.
DESCRIPTION OF SITE/SERVICE
Wana offers Services, both online and offline, to help Families meet other Families for the purpose of exchanging babysitting.
Our Services include but are not limited to:
We enable Families to Post profiles on the Site for the purpose of requesting and/or offering babysitting to other Families;
We provide a scheduler to help Families organize babysitting with other Families;
We provide a messenger that allows Families to communicate without revealing contact information;
We enable Families to acquire, give, and receive Points on the Site for the purpose of trading babysitting equitably, and to monitor their inventory and usage of Points;
We enable Families to provide information on their association with certain educational institutions, community groups, and/or other local entities in order to describe their Family and connect with other Families of similar interests;
We provide search functionality (“Search Services”) on the Site to allow Families to identify other Families they are interested in meeting based on their needs, preferences, and affiliations;
We provide tools to help Families make more informed decisions, such as (i) our safety guide at (ii) trust indicators on Family profiles, which show other Families’ quantity of activity on the Site, and (iii) peer reviews on Family profiles, which show other Families’ quality of activity on the Site;
We provide notification of events outside the Site that Families may choose to attend.
We are constantly working to provide new and better Services for our Families and Friends. These Terms shall apply to any and all additional, updated, modified, and/or revised Services unless otherwise stipulated.
FAMILY’S REPRESENTATION AND WARRANTIES
Users who meet certain eligibility criteria, as defined below, may register an account with Wana to gain access to our Services reserved exclusively for Families.
You are responsible for providing accurate, current, and complete information in connection with your registration, you commit to keeping such information up-to-date and accurate, and you will register your account in your own legal name.
You also represent and warrant that you meet the following eligibility criteria:
Our Services are available only to individuals who are 18 years of age or older and who have child dependents seventeen (17) years of age or younger. Wana will not knowingly collect any information from individuals under 18, nor will Wana permit individuals to register as a Family who do not have children under 18. If you do not meet the above age and/or family composition requirements, do not register to use the Site or Services. Should we determine that you do not meet the age and/or family composition requirements for using our Site or Services, your registration will be terminated immediately;
The Site and Services are currently available only to individuals residing in the United States or Puerto Rico;
Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order, or any other legal action involving, arrested for, charged with, or convicted of a felony, any criminal offense involving violence, abuse, neglect, fraud, or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence, or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity;
You must not be a competitor of Wana or using our Services for reasons that are in competition with Wana.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Wana will have sufficient grounds and rights to suspend or terminate the User in violation of this aspect of the Terms, and as such refuse any and all current or future use of Wana, or any portion thereof.
Exclusive Use and Security
When you set up an account, you are the sole authorized user of your account, even if you are representing multiple adults in your household. When seeking babysitting, you may use your account only to arrange care for your children, your grandchildren, or individuals for whom you are the legal guardian. When offering babysitting, you may use your account only to arrange care provided by yourself in your own home. You may from time to time arrange for babysitting services to be provided in an alternate location, such as a park, or by another adult represented as a member of your household in your Family profile, only as agreed upon and acknowledged in writing by the Family accepting those services.
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. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any Users that access your account information that, if undertaken by you, would be deemed a violation of the Terms. It shall be your responsibility to notify Wana immediately (email@example.com) if you notice any unauthorized access or use of your account or password or any other breach of security. Wana shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Terms.
PAYMENTS AND POINTS
There is no charge to become a Family or Friend of Wana. You may create an account, connect with Families, and trade Points in exchange for babysitting, for free.
In the event you have need or want of more Points than you have received from Wana or earned by babysitting for other Families, you may purchase additional Points from Wana for a fee. Wana may also, from time to time, offer additional Services for a recurring fee, one-time fee, or other fee. You are responsible for any and all taxes and other mandated fees associated with the Services or product offerings purchased.
Wana reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Except as set forth in these Terms or as described on the Site at the time of purchase, all payments for Services and/or products are non-refundable, and there are no refunds or credits for unused, partially used, and/or cancelled Services or products. Wana does not provide refunds or credits under any circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances.
At its sole discretion, Wana may offer special Points or other promotions, awards, or discounts (together referred to as “Promotions”). All Promotions can be modified or terminated at any time by Wana with or without advance notice. Promotions may be offered on a limited-time basis and may be subject to certain additional terms.
Some Promotions may be offered to first-time Wana Families only. In such a case, a Family will be eligible to receive the Promotion only if they have never before been registered as a Wana Family. Wana will use information provided by the User to determine eligibility, including but not limited to, name, address, and email address. Determination of eligibility is at the sole discretion of Wana.
You may receive or purchase Points to be used as payment to other Families in exchange for babysitting, or for other products and Services as described on the Site.
When a Family requests or offers a Sit from or to another Family, Wana provides a suggested number of Points to be transferred upon Completion of the Sit, based on, but not limited to, the duration of the Sit. Both Families are responsible for reviewing and agreeing on the number of Points to transfer prior to booking the Sit. Booking is considered confirmation and approval of the recommended Points to transfer, unless otherwise specified in writing by the Families. Points will not be transferred until the Sit is Complete.
Upon Conclusion of the Sit, either Family may adjust the parameters of the Sit affecting Points calculation, including, but not limited to, the duration of the Sit, based on the final circumstances of the Sit; Wana will provide an updated suggested number of Points to be transferred. Either Family may adjust the number of Points to be transferred. When both Families agree on the number of Points to be transferred, the Sit is marked as Complete, and Points are transferred from the Family who received the Sit to the Family who hosted the Sit.
Once a Sit is complete and Points are transferred, the transfer is final. Wana is not responsible for any error or dissatisfaction in the transfer of Points arising from the actions of the Users.
All Sits will auto-Complete after three (3) days from the Conclusion of the Sit if not already approved for Completion by the Families. At that time, the number of Points agreed upon when the Sit was booked will be transferred. The transfer is final. Wana will not be held responsible for the satisfaction of either Family in the number of Points transferred or the timing of that transfer.
Points have no monetary or cash value, and your receipt or purchase of Points does not represent a pre-funding of stored cash value that can be accessed or used in the future for any purpose. Points cannot be sold, transferred, or exchanged for “real world” money or cash. Points may only be received and/or purchased in whole numbers from the Site for use on the Site and may be transferred exclusively on the Site between Families, other Families, and/or Wana. Users may not engage in any transaction related to Points outside of the Site, and may engage in only such transactions related to Points as mandated by these Terms and the Site.
If you purchase Points, you agree to pay Wana the price indicated on the Site at the time of purchase. You agree that all sales are final and non-refundable and you are not entitled to a refund of any unused Points, including in the event that you close your account or your account is terminated by us.
The User acknowledges and agrees that the Services provided and made available through our Site are the sole property of Wana. The contents of the Site, including but not limited to names, logos, service marks, and other copyrights and trademarks, are the property of Wana and protected by international copyright and trademark laws. You herein agree not to display and/or use Site content in any manner without the prior express written consent of Wana.
In addition, any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Wana or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on Wana Services (e.g. content or Software), in whole or part.
Wana herein has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of our Software, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Wana for use in accessing our Services.
Links to and from Website
Either Wana or any third parties may provide links to other websites and/or resources on the Site. Additionally, third parties, including Users of Wana, may provide links on external websites (including, without limitation, social media platforms) referencing or including hyperlinks of the Site. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites, content, or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Wana shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or services made available on or through any such site or resource.
You are solely responsible for any Content that you Post on the Site or to other Users of the Site. By Posting any Content, you agree, represent, and warrant as follows:
You will not provide false or inaccurate information when registering for an account, communicating with Wana and/or other Users, or otherwise using the Site and Services, and shall keep all information up-to-date and accurate; all views expressed shall be your own;
You agree that any comments, ideas, messages, questions, suggestions, or other communications you provide to us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Wana and we may use all such communications, all without notice to, consent from, or compensation to you;
You have the right, and hereby grant, to Wana an irrevocable, perpetual, non-exclusive, royalty free and fully paid, fully or partially transferable, sublicenseable (through multiple layers of sublicensing) worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public Posting and use of your Content by Wana will not infringe or violate the rights of any third party, and that you have the right to Post the Content that you Post on the Site;
You will not Post any photographs, names, or personal identifying information about any minors for whom you are not the parent or legal guardian;
You may receive the personal information of other Users. Any personal information you receive may only be used for the specific purpose it was provided to you. You may not directly or indirectly disclose or sell the information to any other person or entity, and Users may not contact other Users for any purpose other than coordinating babysitting using the Wana platform;
You will not use information obtained from the Site or Services for the purpose of circumventing Wana’s messenger or scheduler, including for the purpose of avoiding the obligation to pay fees to Wana;
You will not Post any Content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, sexually, religiously, or otherwise objectionable, nor shall you "stalk" or act with the intent to otherwise harass another individual;
You understand and agree that Wana may, in its sole discretion but without obligation, pre-screen, review, edit, and/or delete any Content, in whole or in part, that in the sole judgment of Wana violates these Terms or which Wana determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site or others;
Families with whom you have provided or received babysitting may Post comments about the Sit on your profile. You understand and agree that Wana has no obligation to remove Content Posted in this way, and you may not terminate your registration and re-register in order to prevent the Content from being associated with your profile. The Content can be edited or removed by the Family who authored the Content; or by Wana, at it’s sole discretion, in cases of violation of Terms as stated above;
You will not Post any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation;
You will not Post any such Content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
You will not Post any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; disrupt the normal flow of communication, or otherwise act in any manner that would negatively affect other Users' ability to participate in any real time interactions; interfere with or disrupt any Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
Your use of the Services, including but not limited to the Content you Post on the Site, must be in accordance with any and all applicable laws and regulations.
Wana disclaims any liability whatsoever for any statements, misstatements, representations, and/or misrepresentations made by any Users of the Site. Users hereby represent, understand, and agree to hold Wana harmless for any mistreatments and/or misrepresentations made by or on behalf of them on this Site or in any other venue.
Wana herein reserves the right to access, preserve, and/or disclose User Content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
compliance with any legal process;
enforcement of the Terms;
responding to any claim that therein contained Content is in violation of the rights of any third party;
responding to requests for customer service;
protecting the rights, property, or the personal safety of Wana, its Users, and the general public.
By registering for and using the Site and/or Services, you hereby acknowledge and agree that Wana has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of the Site and its Users (“Internal Background Checks”). Wana may order these checks when you register with the Site as a Friend or Family and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other Users, requesting or offering a Sit, etc.).
The Internal Background Checks are regulated by the Fair Credit Report Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, worker’s compensation, driving, employment, military, civil, and educational data and reports.
You understand and agree that Wana may review the information provided by the third-party consumer reporting agency and that Wana retains the right to terminate your Wana registration based on the information it receives from these checks, even if such information was subsequently dismissed.
BY AGREEING TO THESE TERMS AND USING OUR SITE AND SERVICES, YOU AGREE TO ALLOW WANA TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE WANA. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
You further expressly acknowledge that Wana has no obligation to perform Internal Background Checks on any Users. To the extent Wana performs such checks on certain Users, the checks are limited and should not be taken as complete, accurate, up-to-date, or conclusive evidence of the accuracy of any information those Users have provided or of their eligibility to use the Site and the Service. Moreover, you hereby represent, understand, and expressly agree that those checks are completed by a third-party consumer reporting agency (not Wana), that the specific records searched and the comprehensiveness of the search varies by the type of background check ordered as well as the state and county where the check is performed, and that the checks are not always accurate or a complete compilation of a person’s criminal history.
California Business and Professions Code Section 18890.2 requires our Site to include the following statement: “Trustline is California’s official background check for license-exempt babysitting providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free number is 1 (800) 822-8490.”
Wana may or may not use Trustline as a third-party verification service, at its sole discretion.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF THE WANA SITE AND SERVICES ARE AT THE SOLE RISK BY YOU. OUR SITE AND SERVICES SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS AND AS SUCH SHALL NOT ASSUME ANY RESPONSIBILITY OR OBLIGATION FOR THE TIMELINESS, MISSED DELIVERY, DELETION AND/OR ANY FAILURE TO STORE USER CONTENT, COMMUNICATION OR PERSONALIZATION SETTINGS. WANA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND NON-INFRINGEMENT;
WANA RESERVES THE RIGHT TO CANCEL AND CEASE OFFERING ANY OF THE AFOREMENTIONED SERVICES AND/OR PRODUCTS, AND/OR MAY DELETE CERTAIN INFORMATION AND/OR CONTENT PROVIDED BY YOU OR OTHERWISE ACCESSIBLE BY YOU WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE, ACCEPT, AND AGREE THAT WANA SHALL NOT BE HELD LIABLE FOR ANY SUCH UPDATES, MODIFICATIONS, REVISIONS, DELETIONS, SUSPENSIONS OR DISCONTINUANCE OF ANY OF OUR SERVICES AND/OR PRODUCTS;
WANA MAKES NO SUCH WARRANTIES THAT (i) THE WANA SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE WANA SITE OR SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, BUG-FREE, OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WANA SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SITE OR SERVICES SHALL BE CORRECTED;
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE WANA SITE OR SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL;
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OUR SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
IN ADDITON, AND WITHOUT LIMITING THE FOREGOING, WANA MAKES NO PRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE OR RECEIVE BABYSITTING SERVICES.
Limitation of Liability
Wana does not employ or endorse any individual, family, or entity for the purpose of providing babysitting. Also, Wana does not review or verify the accuracy of User-generated Content on the Site. Wana does not have and expressly disclaims control over the quality, timing, suitability, responsibility, accuracy, or legality of information, communications, and/or services provided by Families using the Site, whether through public, private, online, or offline interactions.
We may enable Users to verify certain information like address, email address, or phone number. If we indicate that a User has verified this information, it means they have successfully completed a process established and provided by us or a third party to review the information’s accuracy. Wana makes no claim or guarantee of the actual accuracy of the information provided for this process, nor does Wana make claim to the thoroughness, completeness, timeliness, accuracy, or quality of the verification process.
Families may use the Services to view a customized list of Families to consider for babysitting based on information provided by the Family, including, but not limited to, geographic location, family composition, childcare needs, general preferences, and affiliations. In providing these Services, we are not referring or endorsing any Family. If a Family agrees to engage in babysitting with another Family identified through the Site in this or any way, such agreement is made solely between the Families; Wana is not a party to any such agreement.
Families may select certain school or local group affiliations to show as part of their profile and in search results. Unless expressly stated otherwise, Wana is not affiliated with and does not refer or recommend any of these organizations, nor do we verify the Family’s affiliation with these organizations.
We are also not providing any medical, diagnostic, treatment, or clinical service nor engaging in any conduct that requires a professional license.
Families are solely and exclusively responsible for screening, interviewing, performing background checks on, collecting reference checks on, verifying information provided by, and selecting appropriate Families to engage with for babysitting. You agree to take reasonable precautions in all interactions with Users, both online and offline. In addition, you agree to read http://wanafam.ly/safety prior to using the Service for additional guidance on making informed safety decisions.
Wana is not responsible for the conduct, whether online or offline, of any User of the Site or Services. Moreover, Wana does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. Any issues concerning the conduct of a User including, without limitation, babysitting received or provided by a Family, the behavior of Family members before, during, or after a sit, the negotiation of Points transfer in connection with a sit, or any Content Posted to the Site by any User, must be resolved directly by the Users involved.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WANA SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES, OR EXPENSES, EVEN THOUGH YOU MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO:
THE USE OR INABILITY TO USE OUR SITE OR SERVICE;
ANY INFORMATION RECEIVED OR EXCHANGED THROUGH THE SITE OR SERVICES
ANY CONTENT REMOVED FROM THE SITE;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
FAILURE OF PERFORMANCE, ERRORS, OMISSION, DEFECT, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
UNDER NO CIRCUMSTANCES WILL WANA’S AGGREGATE LIABILITY, UNDER ANY THEORY OF LAW, ON ANY GROUND, OR IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO WANA IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR $100.
IN NO EVENT WILL WANA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FORM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of the Terms, any advice that may be Posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Wana makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WANA AND YOU.
By agreeing to these Terms, Users of the Site and Services agree to indemnify, defend, and hold harmless Wana from and against any and all claims, losses, expenses, or demands of liability, including reasonable legal fees and costs incurred by Wana in connection with any claim by a third party (including an intellectual property claim) arising out of (i) any Content you Post though the Site, (ii) use of the Site or Services by you in violation of these Terms or in violation of any applicable law, or (iii) any relationship or agreement formed with a User using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Wana reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Wana. Users further agree to hold harmless Wana from any claim arising from a third party’s use of Content of any kind Posted to the Site by Users.
Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Users of the Site or the Services. For example, the Family providing a Sit for your dependent may not be suitable or safe for your dependent, or your interactions with other Families may violate your rights. You agree to take and be held solely responsible for all necessary precautions when interacting with other Users, including but not limited to reviewing http://wanafam.ly/safety for guidance in making informed safety decisions.
In the event you have a dispute with any User, either online or offline, you agree to release Wana from claims, demands, and damages (including, without limitation, actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
TERM AND TERMINATION
Wana reserves the right in its sole discretion to terminate your access to all or part of the Wana Site and/or Services, to remove your profile and/or any Content Posted by or about you from the Site, and/or to terminate your account with Wana, with or without notice for any reason or no reason in its sole discretion. If we terminate your registration and/or modify and/or delete Content Posted by you, we have no obligation to notify you of the reason, if any, for your termination, and you hereby acknowledge and agree that we are in no way liable for any damage that may be caused to you as a result of such action or omission. Further, such termination, modification, or deletion shall not affect the license that you hereunder give us toward Content Posted by you.
A Family who no longer has children under 18 years of age is no longer eligible to use the Site and/or Services. If you have an existing account but no longer meet the age eligibility requirements, you will no longer have access to the portions of the Site and Services that require account registration. Your profile will no longer be displayed, but other Content you have Posted (e.g., messages to other Users, reviews of Completed Sits) may or may not remain on the Site, at our sole discretion. For assistance reactivating your account, contact firstname.lastname@example.org.
You may terminate your own account at any time. You may re-register at any time, but your previous information and activity, including any Content you may have created and any Points associated with your account, may no longer be available. Any Promotion Points offered to new Users are only available once per household; you will not receive any Promotion Points intended for new Users upon re-registration.
Upon termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your profile will no longer be displayed, but other Content you have Posted may or may not remain on the Site, at our sole discretion. Any Content associated with your account after your account is terminated may not be available to you if you re-register with Wana. Wana shall be under no obligation to provide you with a copy of any Content Posted by or about you on the Site. Upon termination of your account by you or us, we may modify and/or delete the Content that you have provided us and/or Posted on the Site, whether on your account or elsewhere on the Site, and you hereby acknowledge and agree that you shall not hold Wana liable for any damage that this action or omission may cause you.
Following any termination of any User’s use of the Site or the Services, Wana reserves the right to send a notice thereof to other Families or Friends with whom we believe the User has corresponded. Our decision to terminate a User’s registration and/or to notify other Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character or general reputation.
GOVERNING LAW AND DISPUTE RESOLUTION
It is at the mutual agreement of both you and Wana with regard to the Terms that the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the Terms, or the relationship between you and Wana, shall be filed within the state and federal courts having jurisdiction within the County of Los Angeles, State of California. You and Wana agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the Terms or the use of our Site and Services must be filed within one (1) year after said claim or cause of action arose or shall be forever barred.
Except if you opt-out or for disputes relating to: your or Wana’s intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, and patents); or violations of Terms in the above section, User Content, in which a User impacts or attempts to impact the software function of the Site or Services, you agree that all disputes between you and Wana (whether or not such dispute involves a third party), including without limitation disputes related to these Terms, your use of the Site or Services, rights of privacy, and/or disputes involving other Wana Users, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration, and you and Wana hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules.
Furthermore, you waive any right to pursue disputes on a classwide (class action) basis. You agree that no claim or dispute arising out of and/or relating to use of the Site and/or Services may be joined with a claim or dispute of any other person or entity, and you may not assert a claim in a representative capacity on behalf of anyone else in any lawsuit or legal proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Wana can require the other to participate in an arbitration proceeding. To opt out, you must notify Wana in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Wana Family Network LLC
3371 Glendale Blvd. #142
Los Angeles, California 90039
You must include the name, zip code, and email address associated with your Wana account and a clear statement that you wish to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Wana.
Wana respects the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, Wana may disable and/or terminate the accounts of any User who violates our Terms and/or infringes on the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Wana agent for notice of claims of copyright or other intellectual property infringement can be contacted at:
Wana Family Network LLC
3371 Glendale Blvd. #142
Los Angeles, California 90039
These Terms constitutes the entire agreement between you and Wana and shall govern the use of our Site and Services, superseding any prior version of these Terms between you and us with respect to the Wana Site and Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Wana Services, affiliate Services, third-party content, or third-party software.
Waiver and Severability of Terms
At any time, should Wana fail to exercise or enforce any right or provision of the Terms, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
If you have any questions or concerns regarding these Terms, or to report any and all violations of these Terms, please contact us at:
Wana Family Network LLC
3371 Glendale Blvd. #142
Los Angeles, California 90039