Terms of Service
Updated April 1, 2015
ADOPTION.ORG ANTICIPATES BEING LICENSED TO PLACE CHILDREN FOR ADOPTION IN VARIOUS STATES. THIS WEBSITE, HOWEVER, PROVIDES INFORMATION ONLY. THE INFORMATION IS NOT LEGAL OR MEDICAL ADVICE. ADOPTION.ORG ATTEMPTS TO KEEP INFORMATION CURRENT; HOWEVER, IT DOES NOT PROMISE, GUARANTEE, OR EVEN SUGGEST THAT THE INFORMATION IS CORRECT, COMPLETE, OR UP-TO-DATE, AND INTERNET USERS SHOULD NOT ACT BASED UPON THIS INFORMATION WITHOUT FIRST SEEKING SUITABLE PROFESSIONAL ADVICE. ADVERTISEMENTS AND LEGAL OR MEDICAL SERVICES LISTINGS THAT ARE FOUND ON THIS SITE ARE PAID ADVERTISEMENTS AND DO NOT IN ANY WAY CONSTITUTE A REFERRAL OR ENDORESEMENT BY ADOPTION.ORG.
Users of Adoption.org and any associated mobile site or app (the “Site”) agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, the Privacy Notice, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site (all of which are deemed part of these Terms of Service). Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and such use is bound by these Terms of Service.
Adoption.org reserves the right, in its sole and absolute discretion, to change, modify, add, or remove any portion of these Terms of Service, in whole or in part, at any time. Changes will be effective when posted. Continued use of the Site after any changes are posted will be considered acceptance of those changes. It is the user’s responsibility to review the Terms of Service, and if at any time the user finds these Terms of Service unacceptable, they must immediately leave the Sites and cease all use of the Site. Adoption.org reserves the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in its sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.
Rights and Restrictions Relating to Site Content
Limited Right to Use Site Materials. The Site and all the materials available on the Site are the property of Adoption.org and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for users’ personal noncommercial use. Users may not use the Site or the materials available on the Site in a manner that constitutes an infringement of the rights of Adoption.org. More specifically, unless explicitly authorized in these Terms of Service or in writing by Adoption.org, users may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. For information about requesting permission to reproduce or distribute materials from the Site, please contact Adoption.org.
Adoption.org’s Use of Submitted Materials. When a user submits or post any material via the Site, they grant Adoption.org, and anyone authorized by it, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that chosen by Adoption.org. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, user grants Adoption.org and anyone authorized by it the right to identify user as the author of any of postings or submissions by name, email address or screen name.
Users understand that the technical processing and transmission of the Site, including content submitted by users, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. Users will not receive any compensation of any kind for the use of any materials submitted.
Limitations on Linking and Framing. Users are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of users’ website or services by Adoption.org. However, users may not, without prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of Adoption.org’s material, content or intellectual property.
Adoption.org respects the privacy of the users of the Site. Please review the Privacy Notice. These Terms of Service include and fully incorporate the Privacy notice.
Certain sections of this Site may link to or allow purchase of products or services online from third parties. Adoption.org is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If users make a purchase from a merchant on the Site or on a third-party website accessed via a link on the Site, information obtained during the visit to that online store or site, and the information given as part of the transaction, such as credit card number and contact information, may be collected by both that site and Adotion.org. Third parties may have privacy and data collection practices that are different from Adoption.org; Adoption.org has no responsibility or liability for these independent policies. In addition, a purchase of products or services on or through the Site may be subject to additional terms and conditions that specifically apply to the purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, users should visit that merchant’s website and click on its information links or contact the merchant directly. Users release Adoption.org from any damages that they incur, and agree not to assert any claims against Adoption.org, arising from their purchase or use of any products or services made available by third parties through the Site.
Users agree to be financially responsible for all purchases made through the Site. Users agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. Users also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. Users agree to only purchase goods or services for themselves or for other persons for whom they are legally permitted to do so. When making a purchase for a third party that requires that the user submit the third party’s personal information, the user represents that they have obtained the express consent of such third party to provide such third party’s personal information.
Limitation on Use of Company Directories
The information contained in any company directory that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will Adoption.org be liable in any way with regard to such information.
Modifications to or Discontinuation of the Site
Adoption.org reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. Adoption.org will not be liable to users or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Throughout the Site, Adoption.org may include links and pointers to Internet sites maintained by third parties. The linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, Adoption.org does not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADOPTION.ORG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADOPTION.ORG DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADOPTION.ORG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
USERS ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO ADOPTION.ORG TO GRANT THE LICENSE CONTAINED IN THIS TERMS OF SERVICE AND TO PROVIDE USER WITH ACCESS TO THE SITE.
Users must provide and are solely responsible for all hardware and/or software necessary to access the Site. Users assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Users acknowledge that by using the Site, they may incur charges from their wireless carrier, internet service provider or other method of internet or data access, and that payment of any such charges will be their sole responsibility. They agree that their use of the Site will be in accordance with all requirements of their wireless carrier, internet service provider and other method of internet or data access. Adoption.org does not control network access; users use of these networks may not be secure and may expose their personal information sent over such networks.
The Site is provided for informational purposes only, and is not intended to provide counseling, legal or medical advice, for trading or investing purposes, or for commercial use. The Site should not be used in any high risk activity where damage or injury to persons, property, environment, finances or business may result if an error occurs. User expressly assume all risk for such use.
Users’ interactions with companies, organizations and/or individuals found on or through the Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between users and such companies, organizations and/or individuals. Users agree that Adoption.org will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Users also agree that, if there is a dispute between them and any third party, Adoption.org is under no obligation to become involved, and users agree to release
Adoption.org from any claims, demands and damages arising out of or in any way related to such dispute.
Governing Law, Venue and Severability
The laws of the State of Idaho shall govern these Terms of Service. The sole and exclusive venue for any dispute between Adoption.org and users arising from this agreement shall be Rexburg, Madison County, Idaho. The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SITE SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES.
THE NUMBER OF ARBITRATORS SHALL BE ONE. THE PLACE OF ARBITRATION SHALL BE MADISON COUNTY, REXBURG, IDAHO. IDAHO LAW SHALL APPLY. THE PREVAILING PARTY IN ANY SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THEIR REASONABLE ATTORNEYS’ FEES AND RELATED COSTS AND EXPENSES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ADOPTION.ORG OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE, THIS SITE, INCLUDING ANY MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF ADOPTION.ORG IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. USERS SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ADOPTION.ORG IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF ANY USER IS DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. [SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES; IN SUCH STATES, THE LIABILITY OF ADOPTION.ORG AND THE LIABILITY OF ITS SUBSIDIARIES AND AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
User agrees to indemnify and hold harmless Adoption.org, its subsidiaries and affiliates, and each of their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of User’s use of the Site, violation of these Terms of Service by User or User’s violation of any rights of another. Adoption.org reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, User agrees to provide Adoption.org with such cooperation as is reasonably requested by Adoption.org.
Suspension and Termination of Access
User agrees that, in the sole discretion of Adoption.org, it may suspend User’s access to or use of the Site, or any part of the Site, and remove and discard any materials that User has submitted to the Site, at any time, for any reason, without notice. User agrees that Adoption.org will not be liable to User or any third-party for any suspension or removal of materials. In the event that Adoption.org suspends User’s access,
User will continue to be bound by the Terms of Service that were in effect as of the date of the suspension.
Notice of Copyright Infringement
If a User or other person or entity is a copyright owner who believes that their copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, they are asked to inform Adoption.org by sending a written notice by U.S. Mail to Adoption.org, 343 East 4th North, Rexburg, ID 83440. The written notice should include the following: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) the claimant’s contact information, including address, telephone number, and, if available, email address; (4) a statement indicating a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement made under penalty of perjury affirming that the information in the notice is accurate and that the claimant is authorized to act on the copyright owner’s behalf; and (6) a signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
The Site is intended for use only by residents of the United States over the age of 13. It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements that differ from those in the United States. By using this Site, User agrees to the transfer and processing of any personal information they provide as set forth in the Privacy Notice and in accordance with the laws of the United States, the State of Idaho, or User’s home state.
These Terms of Service, together with the Privacy Notice, constitute the entire agreement between Adoption.org and User with respect to the subject matter contained therein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral. User also may be subject to additional terms and conditions that apply to use of products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern.
If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by User or Adoption.org. User agrees that regardless of any statute or law to the contrary, any claim or cause of action that they may have arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.