Terms and Conditions
TERMS AND CONDITIONS OF USE FOR THE SITES OF THE NATIONAL ADOPTION CENTER AND THE ADOPTION CENTER OF DELAWARE VALLEY
THESE TERMS AND CONDITIONS OF USE (THE "TERMS") SET FORTH THE TERMS AND CONDITIONS ON WHICH THE NATIONAL ADOPTION CENTER AND ITS AFFILIATES (COLLECTIVELY, "THE CENTER"), INCLUDING THE ADOPTION CENTER OF DELAWARE VALLEY (ACDV), PROVIDES YOU ACCESS TO WWW.ADOPT.ORG AND THE ASSOCIATED SITES OF THE NATIONAL ADOPTION CENTER, (TOGETHER, THE "SITES") AND OUR SERVICES.
YOU AGREE TO READ THE TERMS CAREFULLY BEFORE USING THIS WEBSITE. THE CENTER REQUIRES FAMILIES, PROFESSIONALS, AND ORGANIZATIONS MAKING INQUIRIES ABOUT CHILDREN OR PROVIDING INFORMATION FOR THE SITES TO BE ACCURATE AND TRUTHFUL. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THE CENTER'S SITES.
1. Eligibility for Use. The Center may refuse its services to anyone at any time in the Center's sole and absolute discretion. It is imperative that families, professionals, and organizations providing information for the Sites and making inquiries of children be accurate and truthful.
2. Your Content. You represent and warrant that any content provided by you to the Center (i) shall not be fraudulent; (ii) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any law, statute, ordinance or regulation; (iv) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
3. System Integrity. You agree that you may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Center's Sites. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
4. Ownership of The Sites and Information Contained Herein. The Sites are owned and operated by the Center. All information, including, without limitation, text, graphics, web pages, URLs, domain names, software and all HTML, CGI and other codes and scripts in any format used to implement the Sites ("Content") are the property of the Center or its licensors. The Content on the Sites is for personal use only. You may not copy, modify, upload, download, transmit, (re)publish, or otherwise distribute any Content from this website except as expressly permitted by the Terms. Doing so will violate the Center's copyright, trademark and other proprietary rights. United States Copyright Law, Trademark Law and applicable international treaties and conventions governing intellectual property law protect all Content on the website. Any and all trademarks and trade names that the Center uses in connection with and on its Sites shall remain the exclusive property of the Center. Nothing contained in the terms and conditions shall be deemed to give you any rights in or to any trademarks of the Center or its licensors. You retain ownership of any Content provided by you for display on the Sites, including, without limitation, text, logs, marks or images ("Your Content"), but you hereby agree to provide the Center a revocable, nontransferable, worldwide and royalty-free license to use, copy, license, sublicense, adapt, distribute, publicly perform, display, reproduce, transmit, modify, edit and otherwise exploit Your Content in all media now known or hereafter developed, in connection with the operation, marketing, display or promotion of the Sites, unless otherwise agreed in writing between you and the Center.
5. Information on the Sites. Information regarding children that are eligible for adoption has been provided by social workers and other social services professionals that are responsible for the care of such children. The Center does not perform any independent investigations to determine the completeness, truthfulness or accuracy of such information. THE CENTER DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, STATEMENT, ADVICE, MEMORANDUM OR INFORMATION SHALL BE AT YOUR SOLE RISK. The Center reserves the right to correct any errors or omissions in any portion of the Sites. The Center does not and cannot review all materials and information posted to the Sites by members, users and visitors, and the Center is not responsible for any such materials and information. However, the Center reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any information or material, in whole or in part, that in the Center's sole discretion are objectionable or in violation of this Agreement.
6. Links to Third-Party Sites. The links on the Center's Sites will allow you to leave the Sites. Any third-party sites to which the Center's Sites may link are not under the Center's control, and the Center does not assume any responsibility or liability for any information, content, communications or materials available on such linked third-party sites or for any changes or updates to such Sites. Absent express language to the contrary, the Center does not intend links contained on its Sites to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
7. No Warranty. THE ACCURACY AND RELIABILITY OF THE CONTENT ON THE CENTER'S SITE IS NOT GUARANTEED. THE CONTENT FROM OR THROUGH THE CENTER'S SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CENTER AND ITS LICENSORS ASSUME NO LIABILITY FOR ANY ERRORS, BUGS, VIRUSES, OMISSIONS OR OTHER PROBLEMS WITH THE CONTENT ON ITS SITES. TO THE FULLEST EXTENT OF THE LAW, THE CENTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT ON ITS SITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED OR ACCESSED THROUGH THE SITES, FOR SERVICES OR HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY FURTHER LINKED SITE. THE CENTER DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SITES, AND OPERATION OF THE SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CENTER'S CONTROL.
8. Limitation of Liability. IN NO EVENT IS THE CENTER LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES ON THE CENTER'S SITES, EVEN IF THE CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY WAIVE ANY SUCH CLAIMS AGAINST THE CENTER, ITS LICENSORS AND VENDORS AND RELEASE THE CENTER, ITS LICENSORS AND VENDORS FROM ALL LIABILITY ARISING OUT OF SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE CENTER SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER ARISING OUT OF CLAIMS OF NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR ANY OTHER CONDUCT WHATSOEVER.
9. Indemnity. You agree to indemnify, defend and hold harmless the Center and its employees, agents, successors, officers and assigns, from any and all suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees and paralegal fees) that the Center may sustain or incur, arising from or out of: (i) your failure to comply with any applicable laws and/or regulations; (ii) your breach of any of its obligations set forth in these Terms; or (iii) your use of the Center's Sites.
10. Privacy. The Center agrees to adhere to all applicable United States federal and state laws and standard practices relating to the collection and use of personal and other information from users of or visitors to the Center's Sites.
11. General. The Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws provisions. You and the Center agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in an appropriate state or federal court located in the Commonwealth of Pennsylvania. Except as expressly stated herein, the Terms represent the entire understanding between you and the Center with respect to the Center's Sites.
12. Notices. Except as explicitly stated otherwise, any notices shall be given by email to nac@adopt.org (in the case of the Center ) or to the email address you provide to the Center during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or unless the Center receives notification that the message cannot be delivered by email. Alternatively, we may give you notice by overnight courier or certified mail, postage prepaid and return receipt requested, to the address provided to the Center during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
13. Restrictions on Use of the Center's Sites. Some Content on the Center's Sites may be subject to United States Export Controls. No Content from the Center's Sites may be downloaded or otherwise exported or re-exported in violation of the Export Control Act. By downloading the Content from the Sites, you represent and warrant that you are not located in or a national or resident of any such country.
14. Amendments to the Terms. The Center reserves the right to change, suspend or discontinue any aspect of the Center's Sites at any time, including the availability of any features, database, or Content, and will provide reasonable notice of such changes on the Center's Sites. The Center may also impose limits on features or restrict access to parts of its Sites. The Terms may be amended at any time by posting amended terms on the Center's Sites. The amended terms shall be effective immediately upon posting to the Center's Sites.
15. Breach. The Center may terminate user access or suspend any user's access to all or part of the Center's Sites without notice for any conduct that the Center, in its sole discretion, believes violates any applicable law or is harmful to the Center, or if such party is found to have engaged in fraudulent activity in connection with the Center's Sites.
16. No Agency. You and the Center are independent contractors, and no employee-employer, partnership, agency, joint venture or franchiser-franchisee relationship is created, or is intended to be created, by the Terms.