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American Adoptions, Inc. Terms of Use

1.     General.

Welcome to the American Adoptions website.  By accessing any of American Adoptions, Inc.’s (“American Adoptions”) websites, applications, software, email newsletters, subscriptions, social media, or any of American Adoptions’ digital properties (the “Services”), you are entering into a binding agreement with American Adoptions.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SERVICES.  If you are using the Services on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf.

CAREFULLY READ ALL OF THESE TERMS OF USE THOROUGHLY BEFORE USING THE SERVICES.  They contain an Arbitration Agreement, Jury Trial Waiver, Class Action Waiver, Limitation on American Adoption’s Liability, and other provisions that directly affect your legal rights.

BY USING THE SERVICES, you represent that you have read and understood, and that you agree to all of these Terms of Use.

2.     Access

As a condition of using, accessing, or viewing the Services, you agree to comply with all of the terms and conditions of the Terms of Use as they exist at the time of your use or access of the Services.  As a further condition of using or accessing the Services, you acknowledge and agree that you have read, understand, and agree to American Adoptions’ Privacy Policy, as it exists at the time of your use or access of the Services. American Adoptions’ Privacy Policy is incorporated into these Terms of Use.  American Adoptions’ Privacy Policy describes how American Adoptions collects, uses, and shares information.  If you do not agree with each and every provision of these Terms of Use or each and every provision of American Adoptions’ Privacy Policy, then you may not access the Services.

YOUR USE OR ACCESS OF ANY PORTION OF THE SERVICES CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES.

By accepting these Terms of Use, you understand and agree that, as stated in the mandatory Arbitration Agreement and Class Action Waiver, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings.  It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

You represent and warrant that the personal information you provide to American Adoptions is complete and accurate.  It is your responsibility to inform American Adoptions of any changes to your personal information.  American Adoptions reserves the right to suspend user privileges and block access of any user who violates these Terms of Use.

3.     Permitted Uses

a.         General

You may only access or view materials or information related to your authorized use of the Services, and shall not access or view materials or information for any unauthorized use or purpose.  You shall not attempt to access or view materials belonging to or on behalf of any other person or entity.  If, through your use or access of the Services, you view or gain access to any information or materials not related to your relationship with American Adoptions or view or gain access to information or materials pertaining to another person or entity’s relationship with American Adoptions or belonging to another person or entity, you shall immediately inform American Adoptions at adoptions@americanadoptions.com and cease viewing, accessing, or obtaining such materials.  You agree not to (a) use or access the Services in a manner that could damage, disable, overburden, or impair any American Adoptions computer system or the networks connected to any American Adoptions computer system; (b) interfere with American Adoptions’ or any third party’s use or enjoyment of the Services; or (c) attempt to gain unauthorized access to the Services or any related accounts, computer systems, or networks connected to any American Adoptions computer system through hacking, password mining, or any other means.

b.         Viewing and Downloading Material

Through your authorized use of the Services, you may be granted the ability to view, access, or obtain materials including confidential documents and other sensitive materials.  You specifically acknowledge and agree that it is your sole responsibility to ensure and maintain the appropriate level of confidentiality for all such documents and materials and that American Adoptions is not responsible for the security of any information, documents, or materials that you download or obtain through your use of the Services.

c.         Uploading Material

You may be given authorization to upload certain materials to the Services.  You warrant that any materials you upload are for the sole purpose of your authorized and legitimate use of the Services, and that such materials are free from any viruses, Trojan horses, or any code that could harm any computer system.  You are solely responsible for any materials you upload.  You acknowledge and agree that, depending on the specific matter and related level of restricted access, other parties may have access to materials you upload to the Services.

d.         Use or Access by Minors

The Services are neither targeted to, nor intended to be used by anyone under the age of 18 years.  Any use or access by anyone under the age of 18 is prohibited.  If you are under the age of 18 years, you must not use or access the Services.

e.         Intellectual Property

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services are copyrights, trademarks, trade dress and/or intellectual property owned, controlled, or licensed by American Adoptions or by third parties who have licensed their materials to American Adoptions and are protected by U.S. and international intellectual property laws.  The compilation (i.e., the collection, arrangement, and assembly) of all materials on the Services is the exclusive property of American Adoptions or its licensors and are protected by U.S. and international copyright laws.  You shall not copy, reproduce, republish, upload, post, transmit, or distribute the Services in any way that violates American Adoptions’ intellectual property rights.  This section shall remain in effect after the expiration or termination of your use of the Services.

4.     Conduct while using the Services.

You represent and warrant that you will not submit to the American Adoptions public forums (the “Forums”), any of the Forum tools (such as private messaging), or any other part of the Services to send any of the following:

1. Submissions that are threatening, harassing, defamatory, abusive, obscene, pornographic, inappropriate, profane, or that could give rise to any civil or criminal liability under applicable local, national, and international laws and regulations;

2. Submissions that could infringe rights of privacy, publicity, patents, trademarks, trade secret, copyrights or other intellectual property rights (“Intellectual Property Rights”) without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable;

3. Submissions that promote bigotry, racism, hatred, or harm against any individual or group;

4. Submissions that contain a virus or other harmful component, or link to a virus or other harmful component, or otherwise tamper with, impair or damage the Forums, the Website, the Services, or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website.

5. Submissions that do not generally pertain to the designated topic or theme of the relevant sub-forum to which it is submitted;

6. Submissions that violate any specific restrictions applicable to a sub-forum; or

7. Submissions that are antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet.

5.     Use of Forums.

You acknowledge that the Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any user submission to a public Forum.  American Adoptions cannot guarantee the security of any information you disclose through any of the Forum or through private messages to other users; you make such disclosures at your own risk.  American Adoptions has no duty to monitor the Forums.  Also, you should be skeptical about information provided by others, and you acknowledge that the use of, or reliance on, any information provided by another user is at your own risk.  American Adoptions is not responsible for, and does not endorse, the opinions, advice or recommendations posted or sent by users to the Forums or through private messages.

6.     Email and Other Communications.

In connection with your use of the Services, you consent to American Adoptions’ recording any communication, electronic or otherwise, between you and American Adoptions and retaining any information and data you submit while using the Services.  In using the Services, you may be permitted to communicate electronically with American Adoptions via electronic mail; however, you acknowledge and agree to only submit general information or inquiries to American Adoptions via electronic mail and any other submissions or communications on or through the Services, and you agree that any information or inquiries you submit through the Services will be in accordance with the express instructions set forth on the Services for such submissions or communications.  Do not send any time-sensitive communications to American Adoptions via electronic mail.  You agree that American Adoptions shall not be responsible for responding to any such communications.

7.     Indemnity.

You will be solely responsible for the supervision, management, and control of your registration information (e.g., password) and use of the Services.  To the extent allowed by law, you agree to defend, indemnify, and hold harmless American Adoptions and any of its directors, officers, partners, employees, and affiliates (the “Indemnified Parties”) from and against any third party claims, and all losses, liability, assessments, damages, costs, expenses, and/or attorneys’ fees resulting from or arising out of or related to your use of the Services, or any breach by you of any term or condition of these Terms of Use.  If any action shall be brought against American Adoptions or any of the Indemnified Parties arising out or related to your use of the Services or any breach by you of the Terms of Use, American Adoptions will notify you in writing and you shall assume and control the defenses and settlement of each such action, including the engagement of qualified legal counsel and payments of all related expenses.  American Adoptions and the Indemnified Parties shall have the right to engage separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.

8.     Accuracy of Information.

While American Adoptions makes reasonable efforts to present current and accurate information on the Services, American Adoptions makes no representations, warranties, or guarantees that the Services are free from inaccuracies or errors.  The materials and information on the Services are not guaranteed to be correct, complete, or up-to-date.  You acknowledge and agree that American Adoptions shall not be responsible for incorrect, inaccurate, or incomplete information or any damage or loss suffered by any person as a result of reliance on such information. 

9.     Security

American Adoptions may change or enhance data security protections applicable to the Services without notice to you.  You shall not attempt to disable or circumvent any security feature on the Services.

10.  General Compliance with Laws

You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use the Services to facilitate collusion or for any other conduct violating antitrust or other applicable laws.

11.  Disclaimers.

American Adoptions grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, copyrighted materials, works of art, architecture, or other forms of intellectual property depicted on the Services.  American Adoptions may use stock photographs and images on the Services.  Unless specifically stated otherwise, images of families and children on the Services are for illustrative purposes only and are not images of children who are currently available for adoption or who have previously been adopted.

The Services includes general information related to the adoption process.  The information available on the Services is intended to give visitors a general understanding of the adoption process and is not a substitute for the advice of an attorney.  The Forums may contain the opinions and views of other users; given the interactive nature of the Forums, American Adoptions does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any submissions or content generated by users of the Services.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  ACCESS TO THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW OR AT EQUITY.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, AMERICAN ADOPTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, QUALITY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FUNCTIONALITY, COMPATIBILITY, FREEDOM FROM COMPUTER VIRUS OR MALWARE, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

YOU ASSUME ALL RISK OF USE OF THE SERVICES.  NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES, OR UNINTERRUPTED.  AMERICAN ADOPTIONS IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS’ OR OTHER PROVIDERS’ FACILITIES.  AMERICAN ADOPTIONS HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS.  AMERICAN ADOPTIONS DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OF THE SYSTEMS AND NETWORKS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES.  AMERICAN ADOPTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU ACKNOWLEDGE THAT PORTIONS OF THE CONTENT OF THE SERVICES ARE PROVIDED BY THIRD PARTY USERS, AND YOU AGREE THAT AMERICAN ADOPTIONS HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT.

12.  Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR UNDER ANY OTHER SUBSTANTIVE LEGAL THEORY, SHALL AMERICAN ADOPTIONS; ANY OF ITS EMPLOYEES, OWNERS, OFFICERS, OR AGENTS; OR ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTIAL DAMAGES, OR DAMAGES OF ANY NATURE INCURRED IN CONNECTION WITH OR ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AMERICAN ADOPTIONS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

In addition, without limiting the foregoing, in all events the remedies available to you will not exceed U.S. Ten Dollars ($10).The limitation, exclusions, and disclaimers of these Terms of Use will apply to the maximum extent permitted by law, even if any remedy fails of its essential purpose.  Any controversy or claim arising out of or relating to the Services or these Terms of Use must be brought within one year after the cause of action accrues.

13.  Exclusions.

The laws of some jurisdictions may prohibit certain disclaimers or limitations of liabilities.  These Terms of Use are amended to the extent and only to the extent necessary to strictly comply with any such applicable laws.

14.  Privacy Policy.

Please read our Privacy Policy at http://www.americanadoptions.com/adoption/privacy for a description of our privacy practices, which are incorporated by reference herein.

15.  Links to Third-Party Sites.

The Services contain links to third-party websites.  The linked websites are not under the control of American Adoptions, and American Adoptions is not responsible for the contents or policies of any linked website.  American Adoptions provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site (or any contents therein) by American Adoptions.

16.  Headings.

The section headings used in these Terms of Use are for convenience only and will be of no legal force or effect.

17.  Termination.

American Adoptions may, in its sole discretion, immediately terminate your license, registration, access to, and use of the Services at any time and without notice to you.  If American Adoptions terminates your use of or access to the Services, you agree that you will immediately cease use of the Services.  All applicable obligations under the Terms of Use will survive the termination of the license, registration, access to, or use of the Services.

18.  Dispute Resolution (the “Arbitration Agreement”)

Please read this section carefully.  It directly affects your rights and will have a direct impact on how claims will be resolved relating to your information, your use of or access to the Services, these Terms of Use, or American Adoptions’ Privacy Policy. 

Mandatory Arbitration Agreement.  You agree that any claim or dispute that has arisen or may arise between you and American Adoptions relating in any way to or arising out of these Terms of Use, your use of the Services, or American Adoptions’ Privacy Policies, shall be resolved exclusively through final and binding arbitration, rather than in court (the “Arbitration Agreement”).  This Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”). 

Except to the extent inconsistent with the FAA or preempted by federal law, the laws of the State of Kansas will govern these Terms of Use and American Adoptions’ Privacy Policy, without regard to principles of conflict of laws. 

In (and only in) the event that this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, the parties agree that the sole and exclusive venue for any dispute arising hereunder shall be in a court located in Kansas City, Kansas, and, in (and only in) that event the parties hereby irrevocably consent to the jurisdiction of such court and irrevocably waive any and all objections which any party may have to process being served in any such suit, action, or proceeding pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested.

Jury Trial Waiver.  In all circumstances, each party hereby knowingly, voluntarily, and intentionally waives (to the full extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to your use of or access to the Services, these Terms of Use, or American Adoptions’ Privacy Policies. 

Arbitration Procedures.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and an arbitrator must also apply these Terms of Use as a court would. 

Delegation Agreement.  All issues are for the arbitrator to decide.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, the Mandatory Arbitration Agreement, the Class Waiver, or the Privacy Policy.  Payment of all filing, administration, and arbitrator fees will be governed by the rules of the American Arbitration Association for consumer-related disputes. 

Class Waiver.  You and American Adoptions agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding.  Unless both you and American Adoptions agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding.

The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim or claims.  Any relief awarded cannot affect other users of the Services or other parties to the Terms of Use or the Privacy Policy. 

19.  Updates and Amendments

American Adoptions reserves the right, in its sole discretion, to supplement, modify or discontinue any aspect of the Services, including, without limitation, restricting the times or means of access to the American Adoptions websites.  American Adoptions also reserves the right, in its sole discretion, to modify these Terms of Use and the Privacy Policy in any manner and to adopt additional terms or conditions governing your access and use of the Services, at any time, with or without prior notice.  The terms of any such amendment to this Agreement shall become effective immediately upon posting of such terms on the American Adoptions websites, and your use of the Services on or after such effective date shall constitute acceptance of such amended terms.  You are responsible for reviewing these Terms of Use and the Privacy Policy each time you use or access any portion of the Services.

20.  Severability

Each of the terms of these Terms of Use are severable and operate separately.  If any of them are deemed to be invalid, unenforceable, or illegal, then the remaining terms and conditions will remain in full force and effect.

21.  Entire Agreement.

This Agreement is the entire agreement between you and American Adoptions with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous oral or written communications, proposals, understandings, agreements, and representations with respect to the Services or any other subject matter covered by these Terms of Use.

22.  Contacting Us.

If you have any questions about the Terms of Use, the Privacy Policy, or the practices of this Website, you can contact us at adoptions@americanadoptions.com.

[End of Terms of Use]

Last Revised November 18, 2020

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Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.