Terms &
Conditions
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Nanny Square Terms of Service
These Nanny Square Terms of Service (the “Terms of Use” or “Terms” or “Agreement”) set forth the
terms and conditions under which individuals may use the NannySquare.com site or NannySquare.com
services or Nanny Square Services or Nanny Square mobile applications (Mobile Apps) as defined
below. Certain Nanny Square services are subject to additional policies, rules and terms and
conditions, which you may be required to agree to as a condition of using those Services
(“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the
printed or online Service materials relating to those Services.
Please read these Terms and any applicable Additional Terms before using the Site or the
Services. By using the Site or the Services, you hereby represent, warrant, understand,
agree to, and accept these Terms and any applicable Additional Terms in their entirety
whether or not you register as a user of the Site or Services (“Registered Users”).
These Terms include the Nanny Square Privacy Policy, which is located at
www.nannysquare.com/privacy-policy and the Nanny Square Security and Safety Policy located
at www.nannysquare.com/security-and-safety. If you object to anything in these Terms, the
Privacy Policy, the Security and Safety Policy, or any applicable Additional Terms, do not
use the Site or the Services.
These Terms are subject to change by Nanny Square at any time, subject to the
following notification process. We will notify you about material changes in these Terms by
sending a notice to the email address registered in your account, or by placing a prominent
notice on our Site, so that you can choose whether to continue using our Services. Material
changes will go into effect no less than 30 days after we notify you. Non-material changes
or clarifications will take effect immediately upon posting of the updated Terms on our
Site. You should periodically check www.nannysquare.com/terms-of-service for updates. Any
use of the Site or the Services by you after the effective date of any changes will
constitute your acceptance of such changes. These Terms supersede all prior versions of the
Terms
For purposes of these Terms, and except to the extent expressly excluded
below, Nanny Square and NannySquare.com are one and the same, the “Site” shall mean
www.nannysquare.com and any other websites, web pages, mobile applications and mobile
websites operated by Nanny Square and the “Services” shall mean any of the various services
that Nanny Square provides through the Site or any other channels, including without
limitation, over the telephone.
Description of Our
Services, Limitations and User Responsibilities
Nanny Square offers various Services to help its users find, coordinate,
and maintain quality care. The Services we offer include, among others: We provide a
platform for individuals seeking care services and others willing to provide such
services. Our platform allows care providers to create profiles and indicate services
they are willing to offer, their desired rates / pay and availability. Care recipients
can use our platform to create their profiles and search for care providers that meet
their criteria. Recipients and providers agree between themselves (with no intervention
or communication with Nanny Square) on the rates, service provided, service location,
service dates, service duration, start and end times, terms of care provided e.g.,
number of children, special needs, dietary restrictions, meal prep, etc.) and living
arrangements for providers if they intend to live with the family receiving care. To the
fullest extent permitted by applicable law Nanny Square shall not be liable for any
direct, indirect, incidental, special, consequential, or punitive damages, including but
not limited to damages for loss of profits, goodwill, use, data, or other intangible
losses, resulting from any misunderstanding, misrepresentation or dissatisfaction with
any of the negotiated terms between provider and recipient. The care arrangement is at
will and can be terminated at any time by any party subject to any previously agreed
terms between parties such as notice or severance.
We offer through Stripe, Inc., (“Stripe”), and PayPal Holdings Inc.,
(“PayPal”), third party services that facilitate the payment of care recipients for
subscription to Nanny Square services directly via credit card or debit card (Stripe) or
through PayPal login. These payment processing services are provided by Stripe and
PayPal and are subject to the Stripe and PayPal terms of service and service agreements.
By agreeing to these Terms, Care recipients that use the payment service also agree to
be bound by the Stripe and PayPal Services Agreements, as the same may be modified by
Stripe or PayPal from time to time. As a condition of Nanny Square enabling payment
processing services through Stripe and PayPal, you agree to provide Nanny Square
accurate and complete information about you, and you authorize Nanny Square to share it
and transaction information related to your use of the payment processing services
provided by Stripe and PayPal. Nanny Square assumes no liability or responsibility for
any payments you may make through this service, and all such payments are
non-refundable. Nanny Square does not facilitate payment between care providers and care
recipients for care provided or received and is not liable for any disputes that may
arise as a result of the care and payment agreement reached between provider and
recipient.
Nanny Square does not employ any Care Providers and is not responsible for the conduct,
whether online or offline, of any Care Recipient, Care Provider, or other user of the
Site or Services. Care Recipients are responsible for compliance with all applicable
employment and other laws in connection with any employment relationship they establish
(such as applicable Ban-the-Box, FairChance, payroll, tax, and minimum wage laws). Care
Recipient and Care Provider content is primarily user generated. We do not control or
vet user-generated content for accuracy, and we do not assume and expressly disclaim any
responsibility for the accuracy or reliability of any information provided by Care
Providers or Care Recipients on or off the Site. We do not assume and expressly disclaim
any liability that may result from the use of information provided on our Site. We do
not refer or recommend Care Recipients or Care Providers, nor do we make any
representations about the suitability, reliability, timeliness, or accuracy of the
services provided by Care Providers or the integrity, responsibility or actions of Care
Recipients or Care Providers whether in public, private or offline interactions. Any
screening of a Care Recipient or Care Provider and his, her or its information by Nanny
Square is limited and should not be taken as complete, accurate, up-to-date, or
conclusive of the individual’s or entity’s suitability as an employer or care provider.
We are not an employment agency, and we do not secure or procure employees for any Care
Recipients, nor do we secure or procure opportunities for employment for any Care
Providers. We do not control, monitor, supervise, or oversee the quality, timing, hours,
pay, legality, or any other aspect of services delivered by Care Providers, nor do we
require Care Providers to accept or work any jobs or deliver any services at all. We do
not provide any medical, diagnostic, treatment or clinical service or engage in any
conduct that requires a professional license. We may offer certain Registered Users the
opportunity to verify certain information such as their email address, mobile phone
number, home address, or provide additional information such as ID card or Covid
vaccination status. If we indicate that certain information has been verified, it means
that the user has complied with the process we have established for verifying such
information. However, we do not guarantee, nor do we represent or warrant, that the
information is accurate or that it belongs to the Registered User who supplied it.
Registered Users are solely responsible for interviewing, vetting, performing background
and reference checks on, verifying information provided by, and selecting an appropriate
Care Recipient or Care Provider for themselves or their family. Care Recipients agree to
hold Nanny Square harmless from any claims, damages, or responsibilities arising from
incorrect information, behaviour, acts, actions, or omission of the Care Provider
contracted through Nanny Square.
Eligibility to
Use the Site and Services
By requesting to use, registering 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. You also
represent and warrant that you meet the following eligibility criteria: You intend to
use the Site and Services solely for the purpose of finding or managing care-related
services, or for finding or sharing information relating to care. Our Services are
available only to individuals who are eighteen (18) years of age or older. If you do not
meet this age requirement, do not register to use the Site or Services.
Neither you nor any member of your household may have ever been: the
subject of a conviction, arrest, charge, complaint, restraining order or any other legal
action involving: any felony; any other criminal offense involving violence, physical,
sexual, or emotional abuse or neglect, or theft, drugs, or any offense, violation, or
unlawful act that involves endangering the safety of others, fraud, dishonesty, or
reckless or negligent conduct, be registered, or currently required to register, as a
sex offender with any government entity.
Rules for User
Conduct and Use of Services
The following rules pertain to “Content”, defined as any communications, images, sounds,
videos, and all the material, data, and information that you upload or transmit through
the Site or Services, whether to Nanny Square or to other Registered Users or Site
Visitors, or that other users upload or transmit, including without limitation any
content, messages, photos, audios, videos, reviews or profiles that you publish or
display (hereinafter, “post”): Any Content that you post, upload or transmit to or
through the Site or Services is solely for the purpose of finding or managing care or
care-related jobs, or for finding or sharing information relating to care. You are
responsible for providing accurate, current and complete information in connection with
your registration for use of the Site and the Services. You will register your account
in your own legal name, even if you are seeking care for another individual or family
member.
Unless otherwise permitted by Nanny Square, all Content you post will be in English as
the Site and Services are generally not supported in any other languages. You are solely
responsible for any Content that you post on the Site or transmit to other users of the
Site. You will not post on the Site, or transmit to other users, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening,
harassing, defamatory, 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 (by way of example only) copyright infringement or
computer misuse, or give the impression that any Content emanates from Nanny Square
where this is not the case. You will not provide inaccurate, misleading, defamatory, or
false information to Nanny Square 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 us 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 post to post such Content.
You understand and agree that Nanny Square may, in its sole discretion, review, edit,
and delete any Content, in each case in whole or in part, that in the sole judgment of
Nanny Square violates these Terms or which Nanny Square determines in its sole
discretion might be offensive, inappropriate, illegal, or that might violate the rights,
harm, or threaten the safety of users of the Site or others. You have the right, and
hereby grant, to Nanny Square, its Affiliates, licensees and successors, an irrevocable,
perpetual, non-exclusive, fully paid-up, transferable, 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 Nanny Square will not infringe or violate the rights
of any third party. 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. We welcome your feedback and questions about the Site and Services.
However, you agree that any comments, ideas, messages, questions, suggestions, or other
communications you send to us or share with 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 Nanny Square and we may use all such
communications, all without notice to, consent from, or compensation to you.
As Care Recipient and Care Provider Content is primarily user generated, we do not
control or vet such Content for accuracy, and we do not assume and expressly disclaim
any responsibility for the accuracy or reliability of any Content provided by Care
Providers or Care Recipients on or off the Site, including any Content that may include
misstatements or misrepresentations or that may be defamatory or disparaging. Users
hereby represent, understand, and agree to hold Nanny Square harmless for any
misstatements, misrepresentations, or other disparaging or defamatory statements made by
or on behalf of them on this Site or in any other venue. Opinions, advice, statements,
offers, or other information or content made available on the Site or through the Site,
but not directly by Nanny Square, are those of their respective authors. Such authors
are solely responsible for such content. Nanny Square does not: (i) guarantee the
accuracy, completeness, or usefulness of any information on the Site or available
through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or
reliability of any opinion, advice, or statement made by any party that appears on the
Site or through the Service. Under no circumstances will Nanny Square or its Affiliates
be responsible for any loss or damage resulting from: (a) your reliance on information
or other content posted on the Site or transmitted to or by any user of the Site or
Service; or (b) reviews or comments made about you on the Site by other users. You agree
that Nanny Square has no obligation to remove any reviews or other information posted on
the Site about you or any other person or entity. If you disagree with a review, you may
post one rebuttal to the review, provided your rebuttal complies with these Terms. You
may not terminate your registration and re-register in order to prevent a review from
being associated with your account. The author of a review can always remove or request
removal of a review they have written.
If you are a Care Recipient, you may use your account only to find care for yourself,
your children, your grandchildren, individuals for whom you are otherwise the legal
guardian. If you are a Care Provider, you may use your account only to find care jobs
for yourself. 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. By
using the Site or Services of Nanny Square, you agree that you will not under any
circumstances: use the Site, Services, or any information contained therein in any way
that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually,
religiously, or otherwise objectionable or offensive; use the Site or Services for any
fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for
any other purpose not expressly intended by Nanny Square; harass, abuse or harm another
person or group, or attempt to do so; use another user’s NannySquare.com or mobile app
account; provide false or inaccurate information when registering an account on
NannySquare.com or on any Nanny Square mobile app, using the Services or communicating
with other Registered Users; attempt to re-register with Nanny Square if we have
terminated your account for any or no reason or terminate your registration and
re-register in order to prevent a review from being associated with your account;
interfere or attempt to interfere with the proper functioning of Nanny Square’s
Services; make any automated use of the system, or take any action that we deem to
impose or to potentially impose an unreasonable or disproportionately large load on our
servers or network infrastructure; bypass any robot exclusion headers or other measures
we take 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 (whether manually or
through automated means); use the communication systems provided by or contacts made on
NannySquare.com or any Nanny Square mobile app or services for any commercial
solicitation purposes other than those expressly permitted by Nanny Square; publish or
link to malicious content intended to damage or disrupt another user’s browser or
computer. In order to protect our users from prohibited activity, we reserve the right
to take appropriate actions, including but not limited to restricting the number of
messages a user may send in any 24-hour period to an amount which we deem appropriate in
our sole discretion. Should Nanny Square find that you violated the terms of this
Section, or any terms stated herein, Nanny Square reserves the right, at its sole
discretion, to immediately terminate your use of the Site and Services. By using the
Site and/or Services, you agree that Nanny Square may assess, and you will be obligated
to pay, $10,000 per each day that you: (i) maintain Care Provider or Care Recipient
information (including but not limited to, names, addresses, phone numbers, or email
addresses) or copyrighted material that you scraped (either directly or indirectly in a
manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate
Site Content, including but not limited to, use on a “mirrored”, competitive, or third
party site. This obligation shall be in addition to any other rights Nanny Square may
have under these Terms or applicable law. Further, in order to protect the integrity of
the Site and the Services, Nanny Square reserves the right at any time in its sole
discretion to block users from certain IP addresses from accessing the Site.
Termination
Nanny Square reserves the right, in its sole discretion, to immediately
terminate your access to all or part of the NannySquare.com Site, mobile apps 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 NannySquare.com or mobile apps, with or
without notice for any reason or no reason in its sole discretion, including without
limitation if Nanny Square should determine that you are not eligible to use the
Services, have violated any terms stated herein or in any of the Additional Terms, are
not suitable for participation as a Registered User, have mis-used or mis-appropriated
Site content, including but not limited to use on a “mirrored,” competitive, or
third-party site. Upon termination, Nanny Square shall be under no obligation to provide
you with a copy of any content posted by or about you on the Site. If we terminate your
registration, we have no obligation to notify you of the reason, if any, for your
termination. You understand and agree that, following any termination of any
individual’s use of the Site or the Services, Nanny Square has the right, but not the
obligation, to send a notice of such termination to other Registered Users with whom we
believe the individual has corresponded. Our decision to terminate an individual’s
registration and/or to notify other Registered 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, general reputation, personal
characteristics, or mode of living. The NannySquare.com site, mobile apps and services
is intended for people 18 or over. Nanny Square will not knowingly collect any
information from individuals under 18. Should we determine that you do not meet the age
requirements for using our Site or Services, your registration will be terminated
immediately.
Payment and Refund
Policy
In order to utilize some Nanny Square Services or product offerings, the user of such
Services or product offerings must pay Nanny Square either a one-time subscription, or
other fees. In addition, the user is responsible for any state or local sales taxes
associated with the Services or product offerings purchased. If you sign up for a Nanny
Square paid membership subscription, or for a Service or product, you agree to pay Nanny
Square all charges associated with the subscription, Service, or product you choose, as
described on the Site at the time you submit your payment information. You also
authorize Nanny Square, or a third-party payment processor that works on our behalf, to
charge your chosen payment method according to the terms of your chosen subscription,
Service, or product.
Nanny Square reserves the right to correct any errors or mistakes that it makes even if
it has already requested or received payment. To the extent you elect to purchase other
Services or product offerings we may offer for a non-recurring fee, you authorize Nanny
Square to charge your chosen payment provider for the Services and/or products you
purchase. You agree that if Nanny Square already has your credit card on file as a
result of prior purchases you have made, we may charge that credit card for the
additional Services or products you purchase.
All paid membership subscriptions and fee-based services or products will continue
indefinitely until the end of the subscription period or cancelled by the user. Paid
membership subscriptions will now automatically renew at the end of the term period
specified at the time of subscription. Registered users will lose all benefits
associated with the subscription at the end of the term and will need to renew their
subscription and pay the current subscription fee to continue enjoying the benefits. You
may cancel your paid membership subscription at any time by following the instructions
on your account settings page. If you cancel your subscription, you will lose all
benefits associated with the subscription until you decide to renew your subscription at
the current rate.
Except as set forth in these Terms or as described on the Site at the time
you make a purchase, all payments for subscriptions, services or products made on or
through the Site or Services are non-refundable, and there are no refunds or credits for
unused or partially used subscriptions, services or products, even if you cancel your
membership or a subscription, service, or product in the middle of a term.
Release of
Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly
agree to release and hold Nanny Square (and Nanny Square’s officers, directors,
shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees,
agents, representatives, advertisers, marketing partners, licensors, independent
contractors, recruiters, corporate partners or resellers, (“Affiliates”) harmless from
any claim or controversy that may arise out of: the actions or inactions of, or the
relationship between, you and any Care Recipient, Care Provider or other user(s) of the
Site; and any information, instruction, advice or services created by any Care
Recipient, Care Provider, or other third party that appeared on, or was communicated
through the Site. Nanny Square and its Affiliates expressly disclaims any liability
whatsoever for any damages, suits, claims, and/or controversies that have arisen or may
arise, whether known or unknown, from the above.
Release of
Disclaimers; Limitations; Waivers; Indemnification
The information and materials contained on the Site, including text, graphics,
information, links, or other items are provided “as is,” “as available.” Further,
opinions, advice, statements, offers, or other information or content made available
through the Services, but not directly by Nanny Square, are those of their respective
authors, and should not necessarily be relied upon. Such authors are solely responsible
for such content. Nanny Square does not: (1) warrant the accuracy, adequacy or
completeness of this information and materials; (2) adopt, endorse or accept
responsibility for the accuracy or reliability of any opinion, advice, or statement made
by any party other than Nanny Square; (3) warrant that your use of the site or services
will be secure, free from computer viruses, uninterrupted, always available, error-free
or will meet your requirements, or that any defects in the services will be corrected;
or (4) give any warranties of fitness for a particular purpose or non-infringement of
third party rights. To the extent permitted by applicable law, Nanny Square expressly
excludes all conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity and disclaims liability for errors or omissions
in this information and materials. In addition, and without limiting the foregoing,
Nanny Square makes no representation or warranties of any kind whether express or
implied regarding the suitability of any user of our site to provide services as a care
provider or to employ the services of a care provider. Your use of the information must
in all cases comply with all applicable laws and regulations.
Assumption of Risk
While Nanny Square takes certain steps to help promote the safety of our site, mobile
apps, and Services, finding care or care-related jobs via an online platform like ours
comes with certain inherent risks. We do not provide any training, supervision, or
monitoring of Care Recipients or Care Providers, and we cannot guarantee that all your
interactions with other Registered Users, site visitors, their families, or others
associated with them, will always be 100% safe and respectful. You agree to assume all
risks when using the Site and the Services, including but not limited to injury,
illness, death, and all other risks associated with any online or offline interactions
with users of the Site or the Services. You also agree not to rely solely on steps Nanny
Square may take to vet or screen Care Providers or Care Recipients and/or their Content,
or otherwise to promote the safety of the Site and Services. You further agree to take
all necessary precautions when interacting with other site visitors, Registered Users,
their families, and others associated with them.
In no event will Nanny Square be liable for any indirect, special, incidental, or
consequential damages, losses or expenses arising out of or relating to the use or
inability to use the Site or Services, including without limitation damages related to
any information received from the Site or Services, removal of content from the Site,
including profile information, any email distributed to any user or any linked web site
or use thereof or inability to use by any party, or in connection with any termination
of your subscription or ability to access the Site or Services, failure of performance,
error, omission, interruption, defect, delay in operation or transmission, computer
virus or line or system failure, even if Nanny Square, or representatives thereof, are
advised of the possibility of such damages, losses or expenses. Under no circumstances
will Nanny Square’s aggregate liability, in any form of action whatsoever in connection
with this agreement or the use of the services or the site, exceed the price paid by you
for your account, or, if you have not paid Nanny Square for the use of any services, the
amount of $25.00. This limitation applies to all claims, regardless of whether they are
based on contract, tort, negligence, strict liability, warranty, or any other legal or
equitable theory.
In no event will Nanny Square be liable for any damages whatsoever, whether direct,
indirect, general, special, compensatory, consequential, or otherwise, 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 service,
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 registered
users of the site or services, whether online or offline. This includes any claims,
losses or damages arising from the conduct of users who have registered under false
pretences or who attempt to defraud or harm you.
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. Nanny Square 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.
By agreeing to these Terms, users of the Site and Services agree to indemnify, defend
and hold harmless Nanny Square and its Affiliates from and against any and all claims,
losses, expenses or demands of liability, including reasonable attorneys’ fees and costs
incurred by Nanny Square and its Affiliates in connection with any claim by a third
party (including an intellectual property claim) arising out of (i) materials and
content you submit, post or transmit through the Site, (ii) use of the Site or Services
by you in violation of these Terms of Use, in violation of any applicable law or your
violation of any rights of another or (iii) any relationship or agreement formed with a
Care Recipient or Care Provider using the Site or Services. Users further agree that
they will cooperate as reasonably required in the defence of such claims. Nanny Square
and its Affiliates reserve the right, at their own expense, to assume the exclusive
defence 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
Nanny Square. Users further agree to hold harmless Nanny Square 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.
Consent to
Electronic Communication
By using the Site or Services of Nanny Square, you agree to allow Nanny Square to
communicate with you electronically, and you consent to electronic delivery of notices,
documents, or products from Nanny Square via the NannySquare.com Site, mobile
applications, online messaging platform, or e-mail. You also agree to check your
NannySquare.com or mobile app account, alerts, and messages, and the e-mail account
reflected on your NannySquare.com or mobile app account on a reasonably regular basis to
stay apprised of important notices and information about your account.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the
partner, joint venturer, agent, legal representative, employer, contractor, or employee
of the other. Neither party shall have, or hold itself out to any third party as having
any authority to make any statements, representations or commitments of any kind, or to
take any action, that shall be binding on the other, except as provided for herein or
authorized in writing by the party to be bound. The invalidity, illegality or
unenforceability of any term or provision of these Terms shall in no way effect the
validity, legality or enforceability of any other term or provision of these Terms. Each
Affiliate is expressly made a third-party beneficiary of this Agreement and may enforce
this Agreement directly against you. This Agreement will be binding on and will inure to
the benefit of the legal representatives, successors and assigns of the parties hereto.