Terms of Use

Last Updated: May 17, 2013

This agreement (“Agreement”) is made between Adoption.NET, a California Limited Partnership, (“us” or “we”) and you (“you” or “user”) (jointly the “parties” and each individually a “party”) and sets forth the terms of use that apply to your access to and use of the Adoption.NET Web site (“Site”).

ACCEPTANCE & CHANGES

By visiting or accessing the Site, you agree to be bound by this Agreement. You also consent to the terms of our online Privacy Policy and to our use and processing of any user information for the purposes provided in the Privacy Policy.

Your visitation and/or use of the Site mean that you accept this Agreement and the practices set forth in our Privacy Policy. We reserve the right to make changes to this Agreement and/or our Privacy Policy at any time. Continued use following any change indicates your agreement and/or consent to the change(s). It is your sole responsibility to check back regularly for updates to this Agreement and our Privacy Policy.

HOW WE WORK

Our Site is designed to help educate you about domestic, international and foster care adoption, help connect you with others touched by adoption and provide you with professional resources if you are looking to adopt or are considering adoption for your unborn baby.

You do not need to become a registered user to access the Site. However, certain features of the Site require you to register and create a user profile before gaining access.

(a) Profiles: If you chose to register with the Site by creating a user profile you will be asked to provide information including your name, date of birth, location and email address. You must also choose a username and password. You must safeguard your password and are solely responsible for any consequences of failing to do so. You may delete your user profile at any time.

(b) Blogging: Registered users can make use of our blogging feature to blog about personal experiences. In doing so, you agree to adhere to the community rules below.

(c) Journeys: If you are a registered user you can write about your experiences with adoption, foster parenting, adoption agencies and any other related topic.

(d) Articles: We may feature articles on the Site related to domestic, international and foster adoption, looking for the right adoption entity and dealing with an unplanned pregnancy. You are invited to contact us with suggestions and links to any articles or stories you believe should be featured, and we will take your suggestions into consideration in deciding what content to feature.

COMMUNITY RULES

While blogging or participating in any feature or activity on the Site, you agree not to engage in: (a) harassment; (b) threats, (c) bullying, (d) hate speech, (e) posting graphic content, (f) nudity, (g) pornography, (h) phishing, (i) scams, or (j) intellectual property violations. Your account may be terminated without notice if you breach any of these community rules.

DISCLAIMER

The information provided on the Site is intended to serve as an educational supplement and is in no way to be construed as medical, legal or other advice. The content of this Site is not meant to replace the role of your physician, adoption professional, or other qualified professional.

The site encourages open discussion between users but you are solely responsible for any consequences of disclosing your personal information on the Site. There are dangerous risks and consequences in attempting to proceed with an unsupervised adoption and we strongly encourage you not to share information with or contact what you hope to be a birthmother and/or adoptive parent on the Site without the supervision of a qualified professional.

NO ENDORSEMENT

The professionals, advertisers, and third-party content or site links that appear on the Site are not our agents or content and their appearance on the Site does not constitute an endorsement by us.

YOUR POSTED CONTENT

Any content that you choose to post publicly on the Site, including in blog posts, will become available indefinitely through Internet search engines, possibly even after you have removed the content, and any email addresses that you post may be gathered by spammers. You must exercise your discretion in the content you post and in using any personally identifiable information that appears with it.

 

USER-GENERATED CONTENT

By placing content on the Site, such as your name, profile picture and any other material of information (“Content), you are granting us a non-exclusive, irrevocable, fully-paid, royalty-free, transferable, sub-licensable and worldwide license to use that Content for commercial purposes.

SUSPENSION & TERMINATION

We reserve the right to suspend and/or terminate your use of the Site at any time for any reason and without notice to you. Upon or following termination, we shall have no liability to you or any other further obligations under this Agreement.

RESTRICTIONS

Users will not, directly or indirectly:

(a) reverse assemble, reverse engineer, decompile or otherwise attempt to derive source code or underlying ideas or algorithms from the Site or any software or any component thereof;

(b) Copy, reproduce, modify, translate or create derivative works of the Site, or any software or component thereof other than as expressly agreed to in this Agreement;

(c) Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit in any way the Site, or any software or any component thereof other than as expressly agreed to in this Agreement;

(d) Use, or permit the use of the Site or any component thereof to perform any business or other any function whatsoever for any other person, entity or business;

(e) Remove any proprietary, copyright, patent, trademark, design right, trade secret, or any other proprietary rights legends from our Materials (as defined below); and

(f) Use the Site (i) for any unlawful, unsafe, malicious or abusive purpose, (ii) for interfering with others’ use of the Site, (iii) in such a way as to defraud us or any third party, or (iv) to create damage or risk to us or any third party’s business, network or facilities.
 

PARTICIPATION IN ADVERTISER PROMOTIONS

You may correspond with or participate in promotions of advertisers appearing on the Site. Any such correspondence or promotions, including payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

ADVERTISING GUIDELINES

If you are an advertiser, you may purchase advertising through the Site. The following additional terms apply to you if you purchase advertising:

(a) Ads cannot contain misleading, false, deceptive or fraudulent content or claims;

(b) All elements of an ad, including text, images, or any other media, must be appropriately related to the product or service being advertised and ad text must contain proper grammar;

(c) The products and services in the ad copy must be clearly represented;

(d) Ads must lead to a functioning landing page that does not interfere with a visitor’s ability to navigate away from the page;

(e) Advertisers must ensure that their ads comply with all applicable laws, regulations and guidelines and all claims in ads must be adequately substantiated;

(f) Ads must not offend users;

(g) Ads and any offers contained in ads not be false, misleading, deceptive or contain spam;

(h) Ads may not contain or promote illegal products or services;

(i) Ads must not violate the rights of any third parties;

(j) Ads may not contain or link to a site that contains spyware or malware downloads or any software that: (i) surreptitiously appears on user’s system, (ii) performs activities hidden to the user, (iii) alters, harms, disables or replaces any hardware or software on a user’s computer without permission, (iv) automatically downloads without our express prior consent, or (v) may violate or infringe upon the intellectual property rights of any third party, including copyright, trademark, patent or any other proprietary right;

(k) Ads may not imply Adoption.NET’s endorsement or your partnership with us in any way; and

(l) Ads may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

In addition:

(a) We will determine the size, placement, and positioning of your ads;

(b) We do not guarantee the amount of activity your ads will get, including the amount of clicks they will receive;

(c) We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity;

(d) We can use your ads and related content and information for marketing or promotional purposes;

(e) If you are placing ads on someone else’s behalf, you must have permission to do so and (i) you warrant that you have the legal authority to bind the advertiser to these Advertising Terms, and (ii) you agree that if the advertiser you represent violates this Statement you and/or the advertiser may be held responsible for that violation;

(f) Ads that receive a significant amount of negative user feedback may be removed. We reserve the right in our sole discretion to determine whether particular content is in violation of our community standards;

(g) We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our philosophy; and

(h) These guidelines are subject to change at any time.

LINKING & FRAMING

The Site may provide a link to other sites (each a “linked site”) by allowing you to leave the Site to access third party material or by bringing the third party material into the site via “inverse” hyperlinks and framing technology. We have no discretion to alter, update, or control the content on a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.

NO USERS UNDER 13

The Site is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13.

INTELLECTUAL PROPERTY OWNERSHIP

You acknowledge and agree that we shall retain and own all right, title and interest and all intellectual property rights (including copyrights, trade secrets, trademarks and patent rights) in and to our software and Site (collectively the “Materials”) and all copies thereof, and that nothing herein transfers or conveys to you any ownership right, title or interest in or to our Materials or to any copy thereof or any license right with respect to same not expressly granted herein.

COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY

If you believe in good faith that materials hosted by the Site infringe your copyright or trademark, you or your agent may send us a written notice that includes the following information:

(a) A clear identification of the copyrighted or trademarked work you claim was infringed;

(b) A clear identification of the material you claim is infringing the copyrighted or trademarked work, and information that will allow us to locate that material on the Site, such as a link to the infringing material;

(c) Your contact information so that we can reply to your complaint, preferably including an email address and telephone number;

(d) A statement that you have a “good faith belief that the material that is claimed as copyright/trademark infringement is not authorized by the copyright owner, its agent, or the law”;

(e) A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and

(f) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices should be sent to the Notice address under the MISCELLANEOUS section below, Attn: Copyright and Trademark Agent. We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.

Notwithstanding the foregoing, we reserve the right to remove material deemed to be infringing, at our sole discretion, without prior notice and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine, at our sole discretion, that he or she is a repeat infringer.

 

WARRANTY DISCLAIMER

(a) YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. WE ENCOURAGE YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION IN WHICH YOU ARE INVOLVED.

(b) WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.

(c) THE ADVERTISERS APPEARING ON THE SITE ARE NOT OUR AGENTS, PARTNERS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM;

(d) WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE; OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT; (c) INABILITY OF USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (e) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (f) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.

(e) WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING, MAINTAINING OR PROVIDING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE, OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

(a) IN NO EVENT WILL WE BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

(b) WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

(c) WE SHALL BE LIABLE TO USER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.

(d) YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

INDEMNIFICATION

(a) User agrees to indemnify and hold us, our affiliates, employees, officers, directors, partners and limited partners (each an “Indemnitee”) harmless from and against any claims, suits, actions or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of user’s use of the Site or user’s actions; (ii) breach by user of this Agreement; or (iii) user’s failure to comply with all applicable laws. We shall give user prompt written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and give user all information and assistance reasonably requested by user in connection with such Claims.

(b) To the extent not covered by paragraph (a), above, user shall indemnify and hold all Indemnitees harmless against any and all claims, including for personal injury or death, arising in any way, directly or indirectly, in connection with this Agreement or the use, failure to use, or inability to use the Site, except where the claim results from such Indemnitee’s gross negligence or willful misconduct.

(c) Paragraphs (a) and (b), above, shall survive the termination of the Agreement.

AS IS, WITH ALL FAULTS
We provide our Site to you on an “AS IS” and “WITH ALL FAULTS” basis.
 

TERMINATION

(a) This Agreement may be terminated by us for any reason and at any time, without notice or liability to us.

(b) The Agreement is likely to be terminated by us: (i) in the event that you breach any of your duties, obligations or responsibilities under this Agreement; or (ii) in the event (1) a receiver, trustee, administrator, or administrative receiver is appointed over you or your property, (2) you make an assignment for the benefit of creditors, (3) any proceedings are commenced against you under any bankruptcy, insolvency, or debtor’s relief law, and such proceedings shall not be vacated or set aside within thirty (30) days from the date of commencement thereof, or (4) you are liquidated or dissolved.

SURVIVAL

The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.

MISCELLANEOUS

(a) Notice. We may give notice by means of a general notice through the Site. You may give notice to us at any time by any of the following: electronic mail with confirmed receipt to hello@Adoption.NET; letter sent by confirmed facsimile to us at the following fax number: 888-726-8488, Attention: Adoption.NET User Service; letter delivered by nationally recognized overnight delivery service to us at the following address: 6 Riverstone, Laguna Niguel, CA 92677; Attention: Adoption.NET User Service.

(b) Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take reasonable steps to avoid or remove such cause of non-performance and shall promptly resume performance hereunder whenever such causes are removed.

(c) Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.

(d) Assignment. User may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third person. We may assign this Agreement to any person or entity without your consent. We may delegate to our affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.

(e) Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.

(f) Governing Law; Forum; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict or choice of law rules or principles. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof brought by any party hereto; and hereby waive and agree not to assert as a defense or otherwise, in any such suit action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.

(g) Waiver of Jury Trial and Class Suit. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, partners, limited partners, agents or affiliates, relating to or arising from your use of the Site or this Agreement that YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

(h) Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

(i) Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation,” and (v) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.

(j) Attorneys’ Fees. If any legal action between you and us is necessary in order to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.

(k) Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes prior agreements and all prior discussions between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.

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