We want to know about your family and your childcare needs. Take some time to fill out a family profile.
If you are using our agency, we want to hear from you directly about your childcare needs. Email us at firstname.lastname@example.org or call us at 423-847-2453.
No weeding through profiles. We provide you with profiles of candidates who have specifically applied to your position. Searching is free.
You will work one on one with a MyManny team member to find the perfect caregiver for your family. We coordinate interviews, check references, and run extensive background checks on each candidate.
Like the profiles you see? Pay only if you want to interview the candidates. MyManny will release the contact information for the mannies and their references.
If you hire a caregiver through MyManny Premium, we have a three month placement guarantee. If the caregiver is not working out, we will provide our services again free of charge.
Once you decide you want to begin your search for a manny, take a few moments to create a Family Profile. We want to know about your family and your childcare needs.
MyManny will begin to search for mannies in your area free of charge. We will notify mannies of your open position and begin to receive applications.
Within 48 hours, you will receive profiles of mannies in your area who have specifically applied to the position with your family. They will be sent to the e-mail address you provided in your profile. You will also be notified if no mannies have applied.
If you like the profiles you see and you would like to contact the mannies, there is a $150 fee to release contact information for up to three mannies and their references. You can get in touch with the mannies directly to set up interviews.
With MyManny Basic, you can contact the mannies references directly. You may also choose to have a detailed background check performed. Notify us at email@example.com. There is a $75 fee per candidate ($115 for New Yorkers).
We want to hear from you directly. Please e-mail us at firstname.lastname@example.org or call us at 423-847-2453. You will work one-on-one with a member of our team to find the perfect caregiver for your family.
There is a $150 Search Fee to get us started. MyManny will begin to search for mannies in your area. We will notify mannies of your open position and begin to receive applications. We personally look through the applications and pick only the ones who we feel would be a good fit.
Once we narrow down our list of candidates, we will interview them over the phone and check their references. MyManny will provide feedback to the family and provide them the profiles of our selected candidates. We will then perform a detailed background check on the candidates the family is interested in interviewing.
MyManny will be the middle man during the interview process. Let us know when you are available to conduct interviews and we will be in touch with the mannies to set those up.
Once you have found the right manny, you are allowed a trial period of up to one week. Our Placement Fee is due by the manny's first official day on the job. We offer a three month guarantee to premium clients. If things aren't working out within three months, we will provide our services again free of charge.
John Brandon is known internationally for founding his first company, NYC Mannies. He has been interviewed on CNN International, Good Morning America, ITV (UK), as well as other major media outlets around the world. Having worked for years as a manny, John brings a unique perspective and passion to the childcare industry. He is a published writer on the subject of caregiving and mentorship. Having grown up without a father, John understands the need for kids to have positive role models in their lives.
Please read these Terms before using the Site or the Services. By using the Site or Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you submit an application to be a Manny or Customer user of the Site and/or Services ("Users").
The "Services" shall mean any of the various services that MyManny provides through the Site or any other channels, including over the telephone, and including providing information to and about qualified men who provide care services ("Mannies"), and to and about individuals seeking child care from a Manny (each a "Customer"), ordering and providing results for background checks on Mannies, and all other actions taken by MyManny to connect Mannies and Customers.
MyManny offers various Services to help place Mannies with interested Customers. The Services include, among others:
Vetting Mannies by obtaining background checks and requiring and reviewing additional personal information about Mannies before allowing them to apply for jobs with Customers and before creating profiles for Mannies and sending any Manny profiles to Customers.
Collecting information from Customers to generate a job description for that Customer's needs.
Sending relevant job descriptions to Mannies; and sending relevant Manny profiles to Customers to allow Customers and Mannies to narrow the pool of Customers or Mannies they are interested in meeting based on their needs and preferences, while maintaining the confidentiality of the Customers' and Mannies' contact information until the Customer and Manny consent to an in-person interview.
The Services continue to grow and change. Please refer to the Site for further information about the Services MyManny provides.
MyManny offers a variety of Services to help Users find, coordinate, and maintain quality care from Mannies. However, MyManny does not employ any Mannies. Customers are the potential employers of Mannies and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).
Further, MyManny does not have control over the quality, timing, or legality of the services actually delivered by Mannies, nor of the integrity, responsibility or actions of Customers or Mannies. MyManny recommends Customers and Mannies to one another based strictly on geographic location and the information available to us from Customer and Manny applications and background checks. MyManny does not guarantee or make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Mannies or the integrity, responsibility or actions of Customers or Mannies whether in public, private or offline interactions.
Customer and Manny content is primarily user generated, and MyManny does not control or vet user generated content for accuracy as a general matter. MyManny does not assume any responsibility for, nor does MyManny guarantee or warrant as to, the accuracy or reliability of any information provided by Mannies or Customers on or off this Site.
MyManny is not responsible for the conduct, whether online or offline, of any Customer, Manny or other user of the Site or Services. Moreover, MyManny does not assume and expressly disclaims any liability that may result from the use of information provided on the Site. All users, including Customers and Mannies, hereby expressly agree not to hold MyManny (or MyManny's officers, members, employees, independent contractors, subsidiaries, other affiliates, successors, assignees, or agents, hereinafter "Affiliates") liable for the action or inaction of any Customer, Manny or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, MyManny and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown from any Customer, Manny or other third party.
MyManny conducts background checks and other basic vetting of Mannies. However, information obtained by MyManny about Mannies should not be taken as complete, accurate, up-to-date or conclusive of the Manny's suitability as an employee or care provider. Customers are responsible for interviewing, performing any additional background and reference checks on, and verifying information provided by Mannies, and ultimately selecting an appropriate Manny for themselves and their family. Similarly, the information obtained by MyManny about Customers is extremely limited and should not be taken as complete, accurate, up-to-date or conclusive; and it is the sole responsibility of each Manny to determine and verify additional information and make an informed decision about Customers for which it will provide service.
Each Customer is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Manny they select as well as that Manny's eligibility to work in the United States.
To be eligible to use the Services, you must meet the following criteria:
If you are applying to be a Manny, you must be permitted to legally work within the United States.
You must be eighteen (18) years of age or older. If you do not meet the above age requirements, you are not permitted to use or apply to use the Site or Services.
The Site and the Services are currently available only to individuals in the jurisdiction of the 50 United States. MyManny makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Neither you nor any member of your household have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any 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.
If you are an individual Customer you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
If you provide child care services in the State of Kansas, you must not be a licensed day care provider or provide your services outside the child's home.
You must not be using the Services for reasons that are in competition with MyManny.
By applying to use and/or using the Site or the 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.
In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any 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, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
For purposes of this Article 3, "Content", means any communications, images, sounds, videos, material, data, and information that you provide or transmit to another in connection with MyManny's Services, including without limitation all information included in your application. By providing any Content while using the Services, you agree, represent and warrant as follows:
You are providing accurate, current and complete information in connection with your application for use of the Site and the Services.
You will submit an application in your own legal name, even if you are seeking care for another individual or family member.
All Content you provide will be in English as MyManny is not currently supported in other languages.
You are solely responsible for your Content. You will not transmit to other users any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as copyright infringement or computer misuse, or give the impression that any Content emanates from MyManny where that is not the case. You will not provide inaccurate, misleading, defamatory or false information to MyManny or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to MyManny that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you submit.
You have the right and hereby grant to MyManny, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, 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 MyManny will not infringe or violate the rights of any third party.
Your use of the Services must be in accordance with any and all applicable laws and regulations.
MyManny is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
MyManny does not: (i) guarantee the accuracy, completeness, or usefulness of any information obtained by a third party through or in connection with the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Services. Under no circumstances will MyManny or its Affiliates be responsible for any loss or damage resulting from your reliance on information or other content transmitted to or by any user of the Site or Services.
To the maximum extent permitted by law, MyManny disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site or Services. Users do hereby represent, understand and agree to hold MyManny harmless for any misstatements and/or misrepresentations made by or on behalf of them in any venue.
If you are a Customer, you may use MyManny only to find care for your children, grandchildren or individuals for whom you are otherwise the legal guardian. If you are a Manny, you may use MyManny only to find jobs for yourself. You are responsible for all activity on and use of the Site and the Services, and you may not assign or otherwise transfer your profile, or other use of the Site or Services to any other person or entity.
By using the MyManny Site or Services, you agree that you will not under any circumstances:
use the Site, Services, or any information derived from the Site or the Services in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
scrape or otherwise take from the Site and/or Services, by any means or action, Manny or Customer information, including but not limited to, names, addresses, phone numbers, or email addresses
use the Site or Services for any unlawful purpose, for any purpose not expressly intended by MyManny or for the promotion of illegal activities;
harass, abuse or harm (or attempt to harass, abuse or harm) another person;
claim to be another MyManny user, or use the Site or Services on behalf of another user;
provide false or inaccurate information when submitting an application to MyManny, using the Services, or communicating with other Users;
attempt to re-apply with MyManny if MyManny has terminated you from the Site and/or Services for any or no reason;
interfere or attempt to interfere with the proper functioning of MyManny's Site or Services;
mis-use or mis-appropriate Site content;
make any automated use of the system, or take any action that would impose or potentially impose an unreasonable or disproportionately large load on the MyManny servers or network infrastructure;
use contacts made by or through MyManny for any commercial solicitation purposes;
bypass any robot exclusion headers or other measures MyManny takes to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm MyManny or other Users or expose them to liability.
To protect Users from prohibited activity, MyManny reserves the right to take appropriate actions, including but not limited to restricting the number of profiles a Customer may view or the number of job postings a Manny may receive, or any other action as MyManny deems appropriate in its sole discretion. Should MyManny find that you violated the Terms, MyManny reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. Further, in order to protect the integrity of the Site and the Services, MyManny reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MyManny, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Site for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except to store files automatically cached by your web browser for display or print a reasonable number of pages of the Site for a permitted use.
MyManny procures certain background check services for Mannies from consumer reporting agencies in MyManny's discretion (collectively "Background Checks"). Customers and Mannies may always obtain additional background checks on Mannies or on themselves (with consent and in accordance with applicable law) in Customers sole discretion. MyManny is not responsible for and shall not maintain records of any background checks obtained by a Manny or Customer.
Background Checks are regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from the Background Checks are considered "consumer reports" under the FCRA. Consumer reports may contain information on a person's character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
MyManny will receive a copy of each Background Check ordered or authorized through MyManny. See Section 4.3 below for information regarding MyManny's use of these Background Checks. If a Background Check does not come back clean, you will be emailed a copy of the results. You are responsible for making sure that the email addresses you provide to MyManny is correct, knowing that sensitive information will be sent to it.
If a Background Check comes back clean or with information that does not result in MyManny suspending or terminating a Manny from using the Site and Services, the Background Check report will be forwarded to any Customer who requests it in accordance with your authorization at the time you applied to MyManny. The results of any Background Check that results in MyManny suspending or terminating you from use of the Site or Services will not be shared with other Users.
If a Customer orders background check pursuant to a Manny's written authorization, the consumer reporting agency that performed the check will provide the results directly to the Customer who ordered it, regardless of its contents, based on the Manny's authorization that the Customer obtains the check.
Customers may request and receive a copy of a Background Check on a Manny via written authorization and agreement outside of these Terms, subject to the Manny's explicit instructions about who may have access to such a report.
If you receive a copy of a background report, you warrant that you will use such information only for a purpose permitted by FCRA, such as an employment purpose, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws.
Your responsibilities in using the information contained in the background check can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party consumer reporting agencies MyManny uses.
If there is negative data in a background check you receive, and you choose to take "adverse action" (i.e. choose to pass on that individual's candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
By using the Site or Services as a Customer or Manny, you hereby acknowledge and agree that MyManny 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 ("Additional Background Checks"). MyManny may order these checks when you apply to MyManny and thereafter in connection with your continued use of the Services and/or interaction with the Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).
These Additional Background Checks are also regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from these services are considered "consumer reports" under the 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, workers' compensation, driving, employment, military, civil, and educational data and reports.
You understand and agree that MyManny may review the information provided by the third party consumer reporting agency and that MyManny retains the right to terminate your MyManny application and use of the Site and Services based on the information it receives from these checks, even if such information was subsequently dismissed. If MyManny terminates your membership or access to the Site on the basis of information in a background report, it will notify you and provide you the name and contact information of the consumer reporting agency that created the report. MyManny will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that MyManny does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not MyManny) within the time period specified in your notice.
BY AGREEING TO THESE TERMS AND USING THE SITE, YOU AGREE TO ALLOW MYMANNY TO PERFORM THESE ADDITIONAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE MYMANNY SITE OR SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
By applying as a Customer or Manny, you authorize MyManny, and acknowledge that for purposes of promoting the safety and integrity of its Site and Services, MyManny reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your application data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that MyManny may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your use of the Site and Services.
You also hereby represent, understand and expressly agree that MyManny does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. MyManny does not typically communicate the results of a Verification Check to any third party, though MyManny reserves the right to do so for law enforcement or other safety-related purposes in its sole discretion.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW MYMANNY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE MYMANNY. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and 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. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless MyManny from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. MyManny does not assume and expressly disclaims, and you hereby agree to release MyManny from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that MyManny has no obligation to perform Additional Background Checks or Verification Checks on any Users. To the extent MyManny 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 Services.
Should MyManny determine that you are not eligible to use the Services, have violated any terms stated herein or are not suitable for participation as a User, or have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored", competitive, or third party site, MyManny reserves the right, at its sole discretion, to immediately terminate your access to all or part of the MyManny Site, to remove your profile from the Site, and/or to terminate your application to MyManny, and your use of the Site and Services, with or without notice.
In any event, MyManny also reserves the right, in its sole discretion, to terminate your access to all or part of the MyManny Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your application to MyManny, for any reason or no reason, with or without notice. If MyManny terminates your use of the Site and Services, MyManny will have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, MyManny reserves the right to send a notice thereof to other Users with whom the individual may have corresponded.
MyManny's decision to terminate an individual's application and/or to notify other Users with whom it believes the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
Links from the Site to external sites or inclusion on the Site of advertisements do not constitute an endorsement by MyManny of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users' reference and convenience only.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. MyManny does not control such sites, and is not responsible for their content. Just because MyManny has hyperlinks to such sites does not mean that MyManny endorses any of the material on such sites, or has any association with the operators of those sites.
In order to utilize the MyManny Services, the user of such Services or product offerings must pay MyManny a fee in the amount set forth in and in accordance with the provisions below (the "Manny Fee"). In addition, the Customer is responsible for any state or local sales taxes associated with the Services purchased.
If a Customer obtains a Manny through the MyManny Site or Services, the Customer agrees to pay MyManny the Manny Fee in the amount of ten percent (10%) of the total gross annual salary of the Manny for the first year (or portion of a year) contracted for between the Manny and Customer. The Customer shall pay the Manny Fee to MyManny on the first day of the Manny's job with that Customer. You also authorize MyManny to charge your chosen payment provider according to the terms of these Terms. MyManny reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
MyManny offers a three month guarantee: If things aren't working out with your hired Manny within the first three (3) months, of the arrangement, MyManny will provide the Services to find a replacement Manny free of charge. Customers always have the right to hire a Manny on a trial basis for up to one week before they must commit to hiring a Manny. Mannies agree to offer their services to Customers on a trial basis for up to one week in accordance with this Section 8.1.
Except as set forth below, all Manny Fees and payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. MyManny does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account. The Manny Fee is payable to MyManny regardless of any issues that may arise between an individual Manny and Customer.
MyManny is not an employer of Mannies. Customers may seek the services of a Manny through the use of the Site or Services, and Mannies may post profiles and submit proposals to Customers regarding their services. However, if a Customer agrees on the provision of services from an individual, the Customer identifies through any of those Services, such agreement is solely between the Customer and the Manny; MyManny is not a party to any such agreement. Any issues concerning the conduct of a Customer or Manny including, without limitation, the services received by the Customer or payment due to the Manny, must be resolved directly by the Customer and the Manny. MyManny will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or the Services, you do hereby represent, understand, and expressly agree to hold MyManny harmless for any claim or controversy that may arise from any disputes between you and any Customer, Manny or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Customers, Mannies or other Users, particularly if you decide to meet offline. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any Users therein to MyManny immediately by notifying MyManny of the same via e-mail to email@example.com.
MyManny is intended for people 18 or over. Customers and Mannies should monitor children's use of the Internet and deny access to the Site to anyone under the age of 18. MyManny will not knowingly collect any information from individuals under 13. You must identify your age during the application process, and MyManny does not assume any responsibility for any misrepresentations regarding your age when using this Site. Should MyManny determine that you do not meet the age requirements for using the Site or Services, your application and use of the Site and Services will be terminated immediately.
You understand that MyManny cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. MYMANNY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MYMANNY NOR ANY PERSON ASSOCIATED WITH MYMANNY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MYMANNY NOR ANYONE ASSOCIATED WITH MYMANNY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MYMANNY SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MYMANNY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In addition to the preceding paragraphs of this section and other provisions of these 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. You understand that opinions, advice, statements, offers, or other information or content of Users, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MyManny 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. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
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 other Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site visitors or Users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYMANNY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, "MYMANNY PARTIES") BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE APPLIED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
UNDER NO CIRCUMSTANCES WILL MYMANNY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SERVICES.
MYMANNY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE. IN NO EVENT SHALL MYMANNY OR ANY MYMANNY PARTIES BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO ANY SUCH TREATMENT, ACTION BY OR EFFECT ON ANY PERSON.
By agreeing to these Terms, Users of the Site and Services agree to indemnify, defend and hold harmless MyManny and its Affiliates, and the respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns of MyManny and its Affiliates, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees), including without limitation costs incurred by MyManny and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of or relating to (i) materials and content you submit, post, or transmit through the Site, (ii) any use of the Site's content, Services and products other than as expressly authorized in these Terms or in violation of any applicable law, or your use of any information obtained from the Site Users further agree that they will cooperate as reasonably required in the defense of such claims. MyManny and its Affiliates reserve the right, at their 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 MyManny. Users further agree to hold harmless MyManny and its Affiliates from any claim arising from a third party's use of information or materials of any kind that Users post to the Site.
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of, shall be governed by the laws of the State of Tennessee without regard to principles of conflicts of law. You agree that any claim or dispute that has arisen or may arise between you and MyManny must be resolved exclusively by a state or federal court located in Hamilton County, Tennessee. You and MyManny agree to submit to the personal jurisdiction, and hereby waive any and all objections to the exercise of jurisdiction over you by, the courts located within Hamilton County, Tennessee for the purpose of litigating all such claims or disputes.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR ANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by MyManny of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MyManny to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
If you have any questions or need further information as to the Site or Services provided by MyManny, or need to notify MyManny as to any matters relating to the Site or Services please contact MyManny at:
MyManny collects both Personal Information and Non Personal Information about users of its Site and Services who apply with MyManny by submitting an application as a Manny or Customer (each a "User"). In this policy, "Personal Information" means information that can be used to contact or identify you, such as your full name and email address, and information that is linked to such information. "Non Personal Information" means information that cannot be used to contact or identify you and is not linked to information that can be used to contact or identify you and includes passively collected information about your activities on our Site, such as usage data, to the extent that information is not linked to your Personal Information.
Site visitors can access and browse certain portions of the Site without disclosing Personal Information; however, when you browse the Site, MyManny passively collects certain information from your computer, such as your IP address and web browser user agent. In order to utilize some of the Services offered by MyManny, you must submit a Customer or Manny application.
Whether you are a Site visitor or a User, all Personal Information you provide to us when applying, discussing options or details about the Services over the phone, or that you otherwise provide to MyManny by phone, email or postal mail, will be stored by MyManny. You represent and warrant to MyManny that you have the right and authority to provide all Personal Information you provide about yourself or others. You may provide us this Personal Information in various ways, including:
When you submit an application directly through MyManny, MyManny will collect and store the information directly on our online application forms. This may include, among other information:
If you are a Customer, MyManny collects and stores all of the additional information that you provide to us on your application or by other. This may include, among other information:
Both Site visitors and Users may provide Personal Information to MyManny when they contact Customer Service or utilize certain Services MyManny may offer by telephone. For example, if you call MyManny to discuss care options over the phone, MyManny will collect and store all of the Personal Information you chose to provide us, including but not limited to financial information, information about the care you need, health information about yourself or your children, your contact information, etc. If you provide information about someone other than yourself, you represent that you have authority to do so.
In some cases, Site visitors may have the ability to provide us Personal Information through the Site, such as contact information. In addition, both Users and Site visitors may choose to provide us additional Personal Information by phone, email, postal mail, or chat. MyManny collects and stores all of the Personal Information you provide us through these channels. Moreover, if you provide information about someone other than yourself through any of these channels, you represent that you have authority to do so.
In addition, MyManny may obtain from other sources publicly available Personal Information, such as demographic data, and other information to enable us to comply with regulatory requirements, ensure the accuracy of data, better understand your likely interests, prevent fraud, etc.
MyManny may from time to time request permission to collect Personal Information from or about you.
When you visit the Site, MyManny receives the internet protocol ("IP") address of your computer (or the proxy server you use to access the internet), your computer operating system and type of web browser you are using. If you are using a mobile device, MyManny may also receive your mobile device id (UDID), or another unique identifier, and mobile operating system. MyManny may correlate this information with other Personal Information it has about you. Additionally, when you visit the MyManny website, MyManny and any third parties it uses to place ads on the Site automatically receive the URL of the webpage from which you came. If you click on an ad, MyManny and any such third party may also receive the URL of the page you were on when you clicked the ad and the URL of the site associated with the ad that you clicked.
When you visit our Site or open one of our emails, MyManny may allow authorized third parties, such as ad servers, ad agencies, ad exchanges, ad technology vendors and research firms, to place or recognize a unique cookie, pixel, and/or similar technologies on your browser in order to provide you relevant MyManny advertisements as you surf the Internet. These advertisements may be targeted to you based on information these authorized third parties know or infer about you and include in the cookies placed on your browser and/or information about your Internet browsing activities gathered through your browser. If you prefer not to receive these online behavioral advertisements, you may opt-out by e-mailing subject line “no advertisingments” to firstname.lastname@example.org.For the opt-out to work, your browser must be set to accept third party cookies. Furthermore, if you buy a new computer or mobile device, change web browsers or delete the opt-out cookie, you will need to perform the opt-out task again. Please note that if you opt-out you may continue to receive MyManny advertisements as you surf the Internet, including contextual ads based on the content on a webpage you are visiting. However, these advertisements will not be displayed based on information contained in, or collected by, cookies or other technologies placed on your browser when you visit our Site or open our emails.
In general, the Personal Information MyManny collects is used (1) to improve our Services and enhance your experience with MyManny, (2) to enable us to provide a safer community for all of our Users, and (3) to help us communicate with you. For example, MyManny may use your Personal Information to:
In general, MyManny uses the Non Personal Information collected to help us improve our Services and customize the user experience, such as by providing targeted useful features and promotions based on the type of Service you seek. MyManny also aggregates the information collected via cookies and similar technologies to use in statistical analysis to help us track trends, evaluate the effectiveness of our ads and analyze patterns in the use of MyManny.
In addition to using the information collected by MyManny for the purposes described above, MyManny may also share your information with various third parties, as described below. MyManny follows generally accepted industry standards to protect the personal information submitted by MyManny. No method of transmission of data over the internet, or method of electronic storage is 100% secure; therefore while it strives to use commercially acceptable means to protect your data, MyManny cannot guarantee its absolute security. By using the Site or Services, you agree to allow us to share the Personal Information you provide to us in the ways described below. Your ability to make changes to what information is shared is described below in Section IV.
MyManny may display personal testimonials of Users and other endorsements on our Site or in other marking materials. These testimonials or endorsements may include Non Personal Information such as the User's first name, first initial of last name, town and state. With a User's consent, MyManny may include Personal Information such as their full name.
In addition to the information that is provided to all visitors to MyManny, Manny profiles and references are made available to certain Customers.
If MyManny terminates your use of the Site and Services for any reason, it reserves the right to send a notice of your termination to other Users with whom you may have corresponded.
MyManny may share certain of your Personal Information, such as your name, postal address and other information such as your age, presence of children and the type of care you are looking for to third parties in the business of facilitating communications, such as direct mail brokers, to enable them to send you postal mail advertisements from companies whose products MyManny does not believe will be of interest to you. MyManny does not share email addresses for this purpose, and does not allow these third parties to provide your personal information directly to the companies whose products are being advertised. If you do not want to receive these advertisements and prefer that MyManny does not share your information with these third party communication facilitators for that purpose, you may opt-out by e-mail subject line “no advertisements” to email@example.com.
You acknowledge and agree that MyManny may disclose information it has collected about you if required to do so by law or if MyManny, in its sole discretion, believes that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend MyManny's, or a third party's, rights or property. MyManny may also reserve the right to disclose information about you for purposes of protecting the health and safety of our community and Users, such as in the case of risk of harm or violence against any person (including you).
We may disclose aggregated information about Users, and information that does not identify any individual, for any purpose without restriction.
By becoming a User, you are consenting to receive certain email communications from us, such as special offers, tips and advice, notifications of new Customers or Mannies in your area, customer surveys and administrative notices.
If the Personal Information you provided on your application changes, you may update this information by [submitting an Information Change form]. If you would like to remove some of the Personal Information you have included in your application, you may do so on the [Information Change Form.] In some cases, MyManny may not be able to reasonably accommodate your request to remove your Personal Information, in which case MyManny will notify you that it was unable to do so and why. Please allow a reasonable time for any such changes to take effect.
If you no longer wish to participate in the Site of Services you may terminate by e-mailing subject line “delete my information” to firstname.lastname@example.org.
If you terminate your use of the Site and Services, MyManny will remove your profile or job postings from the information sent to Mannies or Customers, as applicable. In that event, MyManny has no obligation to retain your information, and may delete any or all of your information without liability. However, MyManny may retain information related to you if it believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, Non Personal Information, account or application recovery, auditing records, enforcing rights and obligations under agreements or if required by law. MyManny may also retain and use your information if necessary to provide the Services to other Users. MyManny disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information.
MyManny's Site and Services are not intended for individuals under the age of 13. Accordingly, MyManny does not knowingly collect, either online or offline, personal information from individuals under the age of 13.
MyManny has implemented industry-recognized safeguards to help protect your information from unauthorized access. These safeguards include:
MYMANNY TAKES THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING OUR SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.