Terms of Service
e-mail
(as of January 22, 2004)
INTRODUCTION
Adoption.com is provided free of charge to you (unless otherwise indicated), by Adoption Media, LLC and its subsidiaries and affiliates that utilize these Terms of Service ("Adoption.com"). Adoption.com includes all websites, print publications or electronic publications owned, produced or operated by Adoption Media, LLC, including all information, content, products and services provided through those websites and publications. All individuals who use Adoption.com agree to the following “Terms of Service”. All protection provided to Adoption.com is also provided to the sponsors, advertisers, affiliates, officers, employees, owners, volunteers, moderators, and board of director members of Adoption Media, LLC.
Although portions of Adoption.com may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from Adoption.com you need to sign on as a guest or register as a member of Adoption.com. If you sign on to Adoption.com as a guest, these Terms of Service will govern your use of Adoption.com, including access to message boards and other features. If you register as a member of Adoption.com, these Terms of Service will govern your use of Adoption.com, including access to message boards, chat rooms, the e-mail account and personal website that may be provided to you in connection with Adoption.com and other features. BY SIGNING ON TO ADOPTION.COM AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product digital product, event or course govern your use of Adoption.com and all services, products, digital products events and courses provided in connection with Adoption.com, including but not limited to any course, service, product, digital product, events or personal website provided to you by Adoption.com. Adoption.com shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter Adoption.com. The Terms of Service for your continued use of Adoption.com will be available throughout Adoption.com. Please check these areas before using Adoption.com to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with Adoption.com immediately by (i) notifying Adoption.com of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of Adoption.com. Your continued use of Adoption.com will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Adoption.com, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
From time to time Adoption.com may supplement these Terms of Service with additional terms pertaining to specific content, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on Adoption.com to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
Since the beginning of Adoption.com, we have "adopted" the policy of providing current and accurate information relating to adoption, parenting, pregnancy, infertility, children, and other related issues. The information provided at Adoption.com is intended to serve as an educational supplement to your knowledge base and is in no way to be considered medical, legal or other advice. The content of this site is completely subjective and not meant to replace the role of your qualified physician, adoption professional, or other qualified professional.
MEDICAL RESOURCES
The information provided through Adoption.com should not be used for diagnosing or treating a health problem or a disease, for it is not a substitute for professional care from your own physician. If you think or do have a health problem, you should consult your physician or health care provider, and not depend on the information presented in this system, since individual variability exists. Therefore, Adoption.com is not liable for any mistreatment or from the use of this system.
PROFESSIONALS, ADVERTISERS AND OTHER WEB SITES
The professionals, advertisers, and web sites who promote themselves and who are promoted at Adoption.com, especially through Adoption.com Directory listings and other advertising, are separate entities from Adoption.com, and their exposure on Adoption.com web site does not constitute endorsement or advocacy by Adoption.com. Please consult with the Chamber of Commerce and Better Business Bureau if you wish to check the credibility of these organizations. Adoption.com will not be responsible for any damages that result from using the services or products of a professional, advertiser or web site who is promoted at Adoption.com.
ADOPTION.COM PHOTOLISTING
The information that is provided about the children that are shown in Adoption.com Photolisting has been compiled and provided to us by the agencies and exchanges that have the responsibility of planning for the care and future of these children. Neither Adoption.com Photolisting, nor any of its owners, agents or sponsors, has made an independent investigation into the accuracy or the completeness of the information that is provided in these descriptions, and it is possible that such information is inaccurate or outdated. Therefore, we would recommend that prospective adoptive parents take whatever steps or precautions they personally feel may be necessary in their individual circumstances, in order to make certain that they obtain complete, accurate and up-to-date information about any child that they may be interested in adopting.
ADOPTION.COM REUNION REGISTRY
Adoption.com cannot guarantee that information placed in Adoption.com Reunion Registry or AdoptionRegistry.com will remain confidential, and Adoption.com assumes no liability for damages resulting from this information being discovered or misused. By submitting your data or searching the reunion registry, you represent that doing so is not in violation of any laws, and that you AND the person you are searching for are over 18 years of age, or the legal ages in the relevant jurisdictions.
CONTENT AVAILABLE TO THE PUBLIC
Any content that you choose to put publicly on Adoption.com websites will probably be available through Internet search engines, and email addresses that you post can be gathered by spammers. Do not post your email address on Adoption.com or other public location unless you are comfortable receiving increased amounts of spam.
ADOPTION.COM E-MAIL SERVICES
Adoption.com does not guarantee the security of its e-mail services. Adoption.com recommends that you do not send an e-mail that you would not want to be public knowledge. Users of Adoption.com e-mail services agree not to use Adoption.com e-mail accounts to "spam." Spamming is defined as sending unsolicited e-mail to others. Adoption.com reserves the right to terminate your Adoption.com e-mail account if Adoption.com learns that you have provided Adoption.com with false or misleading registration information. Adoption.com reserves the right to terminate your Adoption.com e-mail account at any time for any reason. Adoption.com assumes no responsibility for the deletion of or failure to store e-mail messages.
HOPEFUL ADOPTIVE PARENTS
ParentProfiles.com is operated by Adoption Profiles, LLC, a separate business entity from Adoption Media, LLC. ParentProfiles.com is not operated by Adoption.com or Adoption Media, LLC. ParentProfiles.com simply advertises on Adoption.com websites. By visiting or using the ParentProfiles.com website, you agree to be bound by these Terms of Service.
All prospective adoptive parents in ParentProfiles.com represent to Adoption.com that their being on ParentProfiles.com does not violate any law, and that they have satisfied all pre-adoption certification requirements in their state and the state they are adopting from. It is your responsibility to consult with your local adoption attorney before joining ParentProfiles.com. Adoption.com assumes no liability for damages resulting from prospective adoptive parents being on Adoption.com web site or at ParentProfiles.com. Adoption.com recommends that any visitors to Adoption.com sites (including Adoption.com Directory) contact at least three adoption professionals before selecting an adoption professional.
ADOPTION.COM CHAT, FORUMS AND BLOGS
These rules apply to any message boards, chat rooms, e-mail discussion lists, free-email, blogs, blog comments or any other community websites or services ("Community Websites") operated by Adoption Media, LLC. ("Adoption.com").
- No personal attacks: Personal attacks of any kind, public of private, will not be tolerated. Adoption.com chat rooms, message boards and journals are intended to be a positive, safe place for everyone. You are welcome to disagree with a member, but calling them names or flaming their character is not allowed. If you have a personal issue to discuss with a member, please take it off the boards and discuss it via PM.
- No profanity: Vulgarities, obscenities, name-calling, character assassinations or mockery are not allowed on any of the Adoption.com community of websites. While there are appropriate topics of a mature nature, the vocabulary used needs to remain family friendly.
- No solicitation of parents, ever!: Adoption.com chat rooms, message boards and blogs are NOT places for adoptive parents and adoption professionals to solicit expectant parents. So many people visit the Adoption.com community that potential birthparents get "pounced on" from dozens of different people if this rule is not strictly observed. Adoption.com is committed to making its community of websites, chat rooms and blogs places where potential birthparents feel safe. It is not appropriate for adoption professionals or hopeful parents to post "I can help" messages or Internet addresses for potential birth parents to visit or to send this type of e-mail or private message to potential birth parents.
- Caution to expectant parents considering adoption: Are you pregnant and considering adoption? For your safety, we strongly recommend that you do not select adoptive parents or an adoption professional from Adoption.com or its community of websites. We have no way of knowing which parents on the site are qualified to adopt, and which professionals are reputable. Visit ParentProfiles.com, a service of Adoption Profiles, LLC, to find information on hundreds of hopeful adoptive parents who have each met the requirements to adopt in their state. Visit AdoptionDirectory.com to find an adoption professional.
- The Agency Discussion Guideline: The Agency Discussion Guideline includes ALL fee based adoption professionals (Attorneys, Agencies, Facilitators, Matching Services, Online Profile Services). Feedback, information and opinions must be discussed via Private Message.
- Regarding Minors: Identifying information about minors (especially foster children) should never be posted. The minimum age for the release of information in all fifty states is at least eighteen, therefore the use of the forums to search for someone under the age if eighteen is prohibited. Additionally if you are adopting from a public or privatized foster care system, either domestically or internationally, please remember to respect the foster parent’s privacy by not posting their identifying information openly on the forums.
- No Solicitation or Marketing!: Advertising or solicitation of a product or service is not allowed anywhere on Adoption.com community of websites, whether you own or have a vested interest in the product/service or not. If you would like more information on how you can advertise with Adoption.com’s community of websites, please send an email to sales@adoption.com
- Moderation, Editing and Banning: Chat Monitors and Forum Moderators regularly check the forums and chat rooms for inappropriate messages and material. Messages containing such material will be deleted or edited without warning or explanation and the member could be banned. Adoption.com reserves the right to edit, delete or otherwise moderate any postings made to its community of sites without warning or explanation. Members who require excessive moderation or whose participation results in excessive moderation may be banned.
- Reporting Violations: To report violations of any of the above rules, please click on the red and white triangle in the top right corner of the post and explain what you’re seeing. This will automatically dispatch a message to the moderators. You can also send an email to admin@familyforums.com
ADOPTION PROFESSIONALS
All adoption professionals at Adoption.com (including AdoptionDirectory.com) represent to Adoption.com that their being on this site does not violate any laws. These professionals also represent that any hopeful adoptive parents that they refer to ParentProfiles.com, a service of Adoption Profiles, LLC have satisfied all pre-adoption certification requirements in their state. Adoption.com assumes no liability for damages resulting from an adoption-related professional being on Adoption.com web site. At no time does Adoption.com represent that any adoption professional shall have "exclusive" rights to any Adoption.com service.
USE OF PARENTPROFILES.COM
Birthmothers who are considering placing a child for adoption understand that Adoption.com cannot guarantee that every couple or single person at ParentProfiles.com, a service of Adoption Profiles, LLC, is qualified to adopt. Please contact the adoption agency or attorney representing the couple, get a copy of the home study, and do all other background checks necessary to ensure that these parents are qualified to adopt your child. Adoption.com assumes no liability for damages resulting from a birthmother selecting adoptive parents from ParentProfiles.com. ParentProfiles.com is not intended to be shown or used in any areas or situations where it might violate any law. Because of varying state laws, not all hopeful parents who would like to be listed on ParentProfiles.com can be listed. For example, we cannot accept people who are not legally married, people who have not completed a pre-adoption home study, or people who otherwise do not satisfy our eligibility requirements. Even though some states allow parents in these situations to adopt, others do not.
LEGAL RESOURCES
Laws regarding adoption, advertising, and the Internet vary considerably depending upon the state or the region of the state. Individual laws and interpretations of laws change frequently and it is impossible for Adoption.com to be constantly aware of the legal situation in each region of each state. Therefore, all legal resources or other resources that are predicated by state law are provided for educational purposes only. Adoption.com does not guarantee their accuracy or that using the services of Adoption.com is legal for any individual or organization in any specific area. Adoption.com urges you to consult with your local attorney before relying upon any of the legal resources provided on this web site, and/or before using the services of Adoption.com, and that you keep aware of the changes in state law in your state.
LINKS TO OTHER SITES
Adoption.com websites (including, but not limited to AdoptionSearch.com) provides many links to other web sites as a public service to you and it is impossible for us to constantly monitor what is on each of the sites we link to. Adoption.com is not liable for any damages that result from following any of the links provided at Adoption.com.
CONTENT SUBMISSION
By submitting content (including but not limited to stories, poems, articles, photos, etc.) to Adoption.com (including but not limited to Adoption.com Library, Adoption.com Forums and the Adoption Week e-magazine) you represent that you have the right to submit this content and that you give Adoption.com the right to reprint this content on the Internet, via e-mail and in print form.
NOT AN ADOPTION AGENCY / REFERRALS
Adoption.com is not an adoption agency. Our goal is to provide quality information to anyone whose life is touched by adoption to help more children find homes and more families come together. Adoption.com does not participate in matching a specific child to specific parents for adoption. Instead, Adoption.com works to make quality adoption information available, and transfers individuals interested in adoption to agencies and attorneys to complete the adoption process. All referrals of adoption professionals by Adoption.com are provided as a community service do not constitute endorsement of the professional by Adoption.com. Adoption.com assumes no liability for any damages resulting from any referral.
ERROR
Because of computer and human error, Adoption.com cannot guarantee the accuracy of any statistics or other information that is presented through the site and therefore is not liable for any resulting damages.
SERVER OR WEB SITE FAILURE
Adoption.com works hard to keep the web site online and functioning properly. However, there are many elements relating to routers, servers, files, programming and other errors that are beyond our control. Adoption.com assumes no liability for damages resulting from failures of the site, server, files, or programming, or damages resulting from "hackers" or "viruses", hardware failure, or other website downtime or data loss.
ADVICE
Adoption.com deals with a large volume of visitors, e-mail inquiries and telephone callers and provides answers to many questions as a community service. Because of the large volume of questions, many of these answers are generic in nature and may or may not apply to your specific situation or geographic area. By asking a question of Adoption.com, you agree that any counsel given by e-mail, telephone, or through the website is non-authoritative, and that you will not rely upon this information, and that you will consult with a qualified professional before making any decisions. You agree that Adoption.com assumes no liability from answering these questions, or posting this information.
CONTACT US
If you discover someone who is not abiding by these rules, you agree that you will immediately contact us by e-mail at info@adoption.com, or call 1-800-ADOPT-HERE.
MODIFICATIONS
Adoption.com may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Adoption.com, you will be deemed to have accepted any such changes. From time to time Adoption.com may modify these Terms of Service ("Modifications") or supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Modifications or Additional Terms may be placed on Adoption.com websites or be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Modifications or Additional Terms are hereby incorporated by reference into these Terms of Service. Adoption.com may modify or discontinue Adoption.com with or without notice to you and without liability to you or any third party.
TERMINATION
Adoption.com reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access Adoption.com and/or any other service provided to you by Adoption.com including any e-mail account upon any breach by you of the Terms of Service.
CONTENT OF MESSAGES
You alone are responsible for the content of your messages, and the consequences of any such messages. Adoption.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. Adoption.com is to be used by you for your personal use only. Commercial uses of Adoption.com are strictly prohibited unless prior written consent from Adoption.com has been granted. You agree that you will not use Adoption.com for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use Adoption.com to send or post on message boards or any place on Adoption.com, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Adoption.com reserves the right to delete any such material from Adoption.com. Adoption.com can cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Adoption.com. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use Adoption.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Adoption.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Adoption.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Adoption.com is not protected by Rights rests with you. You acknowledge that Adoption.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of Adoption.com, including message boards, forums, contests and chat rooms, you grant Adoption.com and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Adoption.com retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON ADOPTION.COM, YOU HEREBY EXPRESSLY PERMIT ADOPTION.COM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY ADOPTION.COM IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
THIRD PARTY SERVICES
You may order services or merchandise through Adoption.com from other persons not affiliated with Adoption.com ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Adoption.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Adoption.com nor will Adoption.com be construed as a party to such transactions, whether or not Adoption.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Adoption.com may include special routing icons (or links) which may be located within Adoption.com, the activation of which will allow you to access and learn more about Adoption.com and other services provided by Adoption.com or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Adoption.com of any unauthorized use of your registration or password.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF ADOPTION.COM IS AT YOUR SOLE RISK. ADOPTION.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADOPTION.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ADOPTION.COM MAKES NO WARRANTY THAT ADOPTION.COM WILL MEET YOUR REQUIREMENTS, OR THAT ADOPTION.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ADOPTION.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ADOPTION.COM. ADOPTION.COM WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ADOPTION.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ADOPTION.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT ADOPTION.COM DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH ADOPTION.COM. ADOPTION.COM IS 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 NEITHER ADOPTION.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ADOPTION.COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ADOPTION.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
ADOPTION.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN ADOPTION.COM IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADOPTION.COM OR THROUGH ADOPTION.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ADOPTION.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ADOPTION.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH ADOPTION.COM.
LIMITATION OF LIABILITY
ADOPTION.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ADOPTION.COM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ADOPTION.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ADOPTION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold each of Adoption.com, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Adoption.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
APPLICABLE AND GOVERNING LAW
You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Arizona, United States of America, excluding its conflict of laws rules. You agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of The Southeast Judicial District of the Superior Court of the Maricopa County, Arizona.
REMEDIES FOR BREACH OF THESE TERMS BY YOU
In the event that Adoption.com determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of Adoption.com, Adoption.com reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to Adoption.com, (iii) delete all content provided by you to Adoption.com, (iv) discontinue your registration with Adoption.com and/or any other Adoption.com community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Adoption.com deems to be appropriate.
MISCELLANEOUS
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Adoption.com may assign its rights and obligations under these Terms of Service and upon such assignment Adoption.com may be relieved of any further obligation hereunder.
You represent to Adoption.com that you have the authority to register with Adoption.com or use Adoption.com according to these Terms of Service.
Adoption.com may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Adoption.com, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at Adoption.com's discretion) to provide you notice of such changes to any e-mail address you have provided to Adoption.com, or post office address you have provided to Adoption.com.
Adoption.com may modify or discontinue Adoption.com, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
Adoption.com reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Adoption.com by Adoption.com) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Adoption.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
CONCLUSION
Neither Adoption.com, its affiliates, its sponsors, nor any other contributors take responsibility for any consequence relating directly or indirectly to any information, recommendations, advice, treatment, computer, networking, site error, human error, procedure, release of information, links to other sites, action or application of medicine or law by any person using Adoption.com web site or any other services of Adoption.com.
