This Agreement is an electronic contract and is legally binding. The Owner may modify this Agreement from time to time as it sees fit and without prior notice. Any modifications, amendments, alterations, additions, or other changes to this Agreement will be effective upon posting by the Owner on the Website. By accessing the Website and/or becoming a Subscriber, you accept this Agreement as it may be amended, and agree to all of this Agreement’s conditions, terms, and notices.
By accessing the Website, you agree to be bound by all of the terms of this Agreement as they may be amended, modified, and/or altered from time to time.
This Agreement will only be provided in electronic format via the Internet. If you desire a hard copy of this Agreement, please print a copy for your personal records.
You must be at least eighteen (18) years of age to post a prospective adoptive parent profile on the Website. Single adults may post prospective adoptive parent profiles.
By using the Website, you warrant that you are at least eighteen (18) years of age and/or that you have legal capacity and authority to execute this Agreement. Prospective adoptive parents who create and post profiles on the Website represent and warrant that they have never been convicted of criminal behavior constituting a felony, or its equivalent, under the laws of any jurisdiction, whether inside or outside of the United States. Prospective Adoptive Parents who create and post profiles on the Website warrant and represent that they are not required to register as a sex offender with any government entity and that they have never been convicted of any crime involving the injury or abuse of a child, whether sexually, physically, emotionally, and/or otherwise.
Before receiving any services beyond being permitted to post an online profile on the Website (including, but not limited to initiating first contact between adoptive parents and birth parents in accordance with Section 4 of this Agreement), all Prospective Adoptive Parents must obtain a valid pre-adoption home study that complies in all respects with the laws of the state in which they reside and that approves them as prospective adoptive parents. Once obtained, it is the Prospective Adoptive Parents’ obligation to ensure that their pre-adoption home study remains valid and current. If at any time the pre-adoption home study lapses or becomes out-of-date, the Prospective Adoptive Parents will be allowed to maintain their profile on the Website, but no further services will be provided until the home study is made current.
Any prospective adoptive parent who creates a profile on the Website shall be referred to hereafter as a Subscriber. All profiles posted on the Website will be accessible to any and all visitors to the Website. Corporations, limited liability companies, partnerships, sole proprietorships and any other type of business entity may not use the Website, nor may they become Subscribers. The Owner may withhold, withdraw, temporarily or permanently suspend, or revoke permission to access or use the Website by anyone at any time and for any reason at its sole and absolute discretion.
The Owner may remove a Subscriber’s profile at any time and for any reason.
Although there is presently no cost to create and post a profile on the Website, Owner reserves the right to charge fees for creating and posting profiles. If Owner decides to charge any fees for creating and posting a profile on the Website, those fees will only be charged in connection with profiles created and posted after the date on which Owner begins charging the fees.
New profiles will not immediately be available for viewing on the Website. After submitting profile information to the Website, the Owner will review the submitted information to ensure that the submitted information complies with the terms of this Agreement. The Owner retains control over all profile information submitted to the Website and may display or withhold any such information as it sees fit. If the Owner determines that the profile information submitted to the Website in any way violates or does not comport with the requirements of this Agreement, the Owner has the right to take all steps it deems necessary in its sole and absolute discretion to ensure that the information posted on the Website complies with this Agreement, including, but not limited to, refusing to post or make publicly available information submitted to the Website and/or removing information that has already been posted on the Website. The Owner may make any such decisions at any time, and all Subscribers knowingly and voluntarily waive any and all claims that they may have against the Owner or any of its successors and assigns for withholding and/or removing information from appearing publicly on the Website.
No Subscriber may provide in his or her profile his or her surname (i.e., last name), telephone numbers, street addresses, cities of residence, URLs or email addresses. Except as required by the application process for the Owner’s own records, Subscribers may not include any personal contact information regarding themselves in the profile information they provide to the Website/Owner. By way of illustration only, and not by way of limitation, a Subscriber may not include his or her telephone number, address, city of residence, state of residence, e-mail address, blog, Facebook page, or any other means whereby a person viewing the profile could locate and contact the Subscriber. The Owner retains the right to refuse to include any profile content that contains information that a viewer could use to locate and contact the Subscriber, including, but not limited to, photographs.
Owner does not independently verify the truthfulness, accuracy, currency, or genuineness of any information provided by other Subscribers in their profiles. The Owner reserves the right, at its own discretion, to conduct background checks of its users and/or Subscribers, including, but not limited to, criminal and child abuse background checks, at any time using all available public records.
4. Services Provided.
A Subscriber’s profile will be available for viewing by all visitors to the Website, including parents who are looking to place their child for adoption. If a birth parent sees a profile and wants to learn more about that Subscriber, the birth parent will call AOL at a telephone number provided on the Website. All birth parents who contact AOL will receive information regarding adoption-related services provided by AOL.
After being contacted by a birth parent, a representative of AOL will then contact the Subscriber and let him/her know that a birth parent wishes to have contact with the Subscriber. At this point, the Subscriber will also receive information regarding adoption-related services provided by AOL.
If either the birth parent or the Subscriber desire to retain AOL to provide further adoption-related services, and provided that AOL desires to provide services to the birth parent and/or Subscriber and that the provision of such services will not violate applicable law, AOL will coordinate a conference call between the birth parent and the Subscriber. AOL will be a party to this conference call.
If the birth parent and the Subscriber do not wish to retain AOL to provide further adoption-related services, AOL will provide the Subscriber’s e-mail address to the birth parent. The birth parent will initiate contact independently. In such situations, AOL will have no further involvement in the birth parent’s and the Subscriber’s contacts with each other and shall not be held liable or in any way responsible for any events stemming from the birth parent’s and the Subscriber’s communication with each other.
Birth parents may choose to initiate contact, either with or without AOL coordinating the contact, with as many Subscribers as they wish at any time they wish. Birth parents, and not AOL, will have sole and absolute control and discretion regarding which Subscribers they contact, if further contact is desirable, and if any Subscriber is an acceptable adoptive parent. In addition to contacting Subscribers through the Website, all Subscribers understand that birth parents are likely using multiple tools and methods to locate potential adoptive parents, and that birth parents may be working with one or more adoption agencies, including AOL, to locate satisfactory adoptive parents. Accordingly, all Subscribers hereby knowingly and voluntarily waive any and all claims against the Owner stemming from the decision by birth parents not to initiate contact with any given Subscriber, not to continue contact with any given Subscriber, and/or not to place a child with any given Subscriber.
Except as otherwise allowed in this Agreement, the Owner does not perform any background checks regarding either Subscribers or birth parents who contact AOL. The Owner does not take any steps to confirm the alleged pregnancy of any birth parents who contact AOL, nor does it take steps to otherwise confirm that any statements made by alleged birth parents contacting AOL are not fraudulent or otherwise improper. The Owner does not vouch for or guarantee the truthfulness, completeness, or accuracy of any information provided by birth parents and/or Subscribers either on the Website or in other communications between birth parents and/or Subscribers. All birth parents and/or Subscribers waive any and all claims against the Owner and/or the Website based upon or regarding statements made or information provided by other birth parents and/or Subscribers either on the Website or in other communications.
Except as otherwise provided herein, this Agreement will remain in full force and effect while you use the Website and/or are a Subscriber. Subscribers may terminate their subscription at any time and for any reason by following the unsubscribe instructions on the “Account” page or by contacting the Owner at the e-mail address indicated on the Website.
The Owner may involuntarily remove a prospective adoptive parent’s profile and/or terminate a subscription for any reason. The Owner may involuntarily terminate a subscription by sending written notice to the Subscriber at the e-mail address provided as part of the subscription application process. All decisions regarding the involuntary termination of a subscription shall be made in the Owner’s sole and absolute discretion, and the Owner shall have no obligation to disclose to anyone, including the Subscriber, the reason(s) for the involuntary termination.
Upon termination of a subscription, whether voluntarily or involuntarily, the Subscriber’s profile will immediately be removed from the Website.
After termination, whether voluntary or involuntary, the Subscriber agrees to continue to be bound by any terms or conditions of this Agreement that by their nature survive the termination.
6. Non‑commercial Use.
The Owner provides services that are to be used personally by visitors and Subscribers to the Website. Thus, no one visiting or subscribing to the Website’s services may use the Website in connection with commercial enterprises of any kind. Corporations, limited liability companies, companies, partnerships, sole proprietorships, and business entities of any kind may not use the Website for any purpose, including, but not limited to, the gathering of information regarding Subscribers, prospective adoptive parents, birth parents, and/or any other legitimate Website user. The Owner may investigate and seek appropriate legal action, including, but not limited to, civil and criminal prosecution, against any violation of this Agreement by any individual, corporation or business entity.
7. Subscription Account Security.
It is the responsibility of every Subscriber to maintain the confidentiality of the username and password that he/she creates during the subscription process. Thus, special care should be taken whenever a user or Subscriber accesses the Website and/or his/her account in public, from a public computer, or from a computer that the user/Subscriber shares with anyone. Users and/or Subscribers to the Website are responsible for all actions and activities that occur in their name and/or under their username and password. Subscribers shall promptly notify the Owner of any unauthorized use of their usernames and/or passwords, or any other known breach of security. Subscribers agree to properly and fully exit from their accounts at the end of each session.
8. Interactions Between Subscribers, Users and/or Birth Parents.
Subscribers and other Website users, including birth parents, are solely and wholly responsible for their interactions and communications with other users and/or Subscribers.
9. Limitation of liability
All users and/or Subscribers of the Website understand, acknowledge and agree that neither the Owner nor any parent or subsidiary entity shall be liable for any damages whatsoever arising out of or relating to any conduct, use, or actions of the user/Subscriber or anyone else in connection with the Website. This limitation of liability includes all types of damages, including, but not limited to, direct, indirect, special, general, compensatory, incidental, and/or consequential, and is applicable to all causes of action, whether based in contract, tort, or otherwise, including, without limitation, claims for bodily injury, intentional infliction of emotional distress, negligent infliction of emotional distress, defamation, negligence, malpractice, and/or any cause of action resulting from communications and/or meetings between users, Subscribers, and or any other person identified as a result of or in connection with the use of the Website.
All users and/or Subscribers understand, acknowledge and agree that the Owner makes no, and hereby disclaims in their entirety, express and/or implied warranties or guarantees of any kind in connection with use of the Website . Without limiting the foregoing disclaimer, all users and/or Subscribers understand, acknowledge and agree that the Owner makes no implied or express warranties that individuals using the Website will either find an adoptive family for his/her child or locate a child for adoption. Furthermore, the Owner does not warrant or guarantee, either implicitly or explicitly, that prospective adoptive parents and birth parents who contact as a result of the Website will ultimately be mutually acceptable to each other. The Owner does not warrant or guarantee, either implicitly or explicitly, that use of the Website will result in the placement of a child with prospective adoptive parents, or that the use of the Website will result in a finalized adoption.
10. Content on the Website.
The Website is the property of the Owner, which retains all proprietary rights in the Website. The Owner retains ownership, control, and all proprietary rights regarding all copyrighted, trademarked, or otherwise proprietary information on the Website. No user or Subscriber may use, copy, publish, modify, distribute, display, perform, or sell any information on the Website that is not currently in the public domain.
All users and/or Subscribers are wholly and solely responsible for all statements, reports, offers, or other information that they publish or display (referred to in this Agreement as “post”) on the Website. Statements, reports, studies, and other information posted on the Website by users and/or Subscribers may not necessarily be reliable, accurate, or honest. The individual users and/or Subscribers who post content on the Website are solely and wholly responsible for such content.
All users and/or Subscribers understand and acknowledge that the Owner does not guarantee, warrant, endorse, adopt or accept responsibility for the completeness, currency, accuracy or reliability of any information, documentation, or statements that appears on the Website. All users and/or Subscribers hereby knowingly and voluntarily waive any and all claims against the Owner and any affiliate or subsidiary, whether based in contract, tort, equity or law, for any and all damage resulting from the users’ and/or Subscribers’ reliance upon any information or content posted on the Website or transmitted to or by any users and/or Subscribers.
Subscribers and other users are solely responsible for all documentation, pictures, statements, opinions, and any other information (collectively referred to as “Content”) that they post on the Website or that they transmit to other users and/or Subscribers.
All Subscribers and users acknowledge and agree that they will not post anything on the Website, or transmit any information to other users and/or Subscribers, that is defamatory, intentionally inaccurate, abusive, profane, obscene, sexually oriented, offensive, threatening, racially offensive, harassing, or otherwise illegal. All Subscribers and users acknowledge and agree that they will not post anything on the Website that infringes or violates anyone else’s rights (including, but not limited to, intellectual property rights, rights of privacy and publicity), including rights held by corporations, partnerships, and other business entities.
All users and/or Subscribers understand and agree that the Owner may review and delete any Content and/or close or cancel any user or Subscriber account that, in the sole judgment of the Owner, violates this Agreement or which might be inaccurate, untruthful, out-of-date, incomplete, misleading, false, offensive, illegal, or that might violate other users’ and/or Subscribers’ rights, or that might harm or threaten other users and/or Subscribers in any way.
By posting Content to any public area of the Website, all users and/or Subscribers automatically grant, and represent and warrant that they have the right to grant, to the Owner, its affiliates, licensees and successors, a perpetual, irrevocable, fully-paid, non-exclusive, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the posted Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. All users and/or Subscribers represent and warrant that any use by the Owner of the Content they post to any public area on the Website will not infringe or violate the rights of any third party.
All information and/or Content that users and/or Subscribers post on the Website must comply with any and all laws and regulations that are applicable to the user and/or Subscriber.
All users and/or Subscribers acknowledge that their use of the Website complies with laws and regulations applicable to the user and/or Subscriber.
11. Contact with the Owner.
When communicating directly with the Owner, whether in person, telephonically, via electronic mail or otherwise, users and/or Subscribers must not be abusive, obscene, profane, sexist, offensive, threatening, harassing, racially offensive, or otherwise inappropriate. All communications between users/Subscribers and the Owner may be recorded and/or archived. If a user and/or Subscriber’s behavior toward the Owner or any of its representatives becomes threatening or offensive in any way, the Owner reserves the right to immediately terminate that user and/or Subscriber’s access to the Website and/or subscription. The Owner reserves the absolute right to determine in its sole discretion if and when a user and/or Subscriber’s conduct is abusive, obscene, profane, sexist, offensive, threatening, harassing, racially offensive, or otherwise inappropriate.
12. Modifications to the Website
The Owner reserves the right at any time to discontinue, temporarily or permanently, or modify the Website (or any part thereof) with or without notice. You agree that the Owner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
13. Blocking of IP Addresses.
In order to protect the Website’s integrity, the Owner reserves the right at any time in its sole and absolute discretion to block Subscribers from certain IP addresses from accessing the Website.
Absent the owner’s prior consent, no user and/or Subscriber may post, disseminate, reproduce, publish, broadcast or distribute any copyrighted material, trademarks or other proprietary information. Violation of this provision is grounds for immediate termination of the infringing user/Subscriber’s accounts and/or Subscriptions.
15. Disputes between users and Subscribers.
All users and/or Subscribers are solely responsible for their interactions with other users and/or Subscribers.
16. E-mail communications from the Owner.
All Subscribers agree to receive periodic e-mail messages from the Owner. These e-mails may relate to the Website or the Subscriber’s use of the Website, or they may relate to offers of services provided by the Owner.
The Owner is not responsible for inaccurate or incorrect Content posted on the Website or provided by users and/or Subscribers to other users and/or Subscribers. The Owner is not responsible for inaccurate or incorrect information posted on the Website or otherwise provided to users and/or Subscribers and that is caused by the equipment or programming used by the Owner to create and/or maintain the Website.
The Owner is not responsible in any way, nor shall it be held liable for, the conduct, online or offline, of anyone who uses and/or Subscribes to the Website.
The Owner disclaims all responsibility for errors, interruptions, omissions, defects, deletions, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Subscriber information, profiles, and/or communications.
Without limitation, the Owner shall not be held responsible for any technical malfunctions or problems that any user and/or Subscriber may experience in connection with the Website, regardless of their cause. Furthermore, the Owner shall not be held responsible for any damage that any user and/or Subscriber may experience to their computer or other property while accessing and/or using the Website.
Neither the Owner, nor any of its subsidiaries, affiliates, managers, members, directors, officers, employees, representatives, agents, advertisers, shareholders, promoters or partners shall be responsible at any time for damage or loss, including, but not limited to, death or personal injury, that may result from any user and/or Subscriber’s use of the Website, posting on or receiving information from the Website, or communications/interactions with other users and/or Subscribers.
The Owner expressly disclaims any and all warranties that the Website is fit for a particular purpose. The Owner does not guarantee, promise, or otherwise warrant that any user and/or Subscriber will achieve any result or benefit from his and/or her use of the Website, whether as a user or as a Subscriber.
All information provided on the Website or in this Agreement is for informational purposes only and is not intended, and no user and/or Subscriber should look to it as a replacement for appropriate and competent professional advice of any kind. Thus, the Owner shall not be held responsible, and expressly disclaims any liability, arising from any information provided on the Website or in this Agreement.
Any dispute that may arise from this Agreement or from any user and/or Subscriber’s use of the Website shall be resolved by binding arbitration conducted and administered in accordance with the rules and procedures promulgated by the American Arbitration Association. Any and all arbitrations commenced according to this section shall be conducted in Salt Lake City, Utah. The Federal Arbitration Act governs this arbitration agreement.
Notwithstanding the foregoing, any user and/or Subscriber may pursue any claims they may have and that are subject to determination by a small-claims court of competent jurisdiction. All users and/or Subscribers hereby waive any and all rights they may have to commence, maintain, or be part of any class action, class arbitration, or similar actions against the Owner.
19. Governing Law.
This Agreement shall be interpreted in accordance with the laws of the State of Utah, without regards to its choice of law and/or conflicts of law principles. Subject to the foregoing arbitration agreement, any and all legal proceedings regarding or relating to this Agreement and/or an arbitration award, shall be filed in Utah’s Third Judicial District Court in and for Salt Lake County, Utah, and the parties hereto expressly consent to the personal jurisdiction of that court.
20. Attorneys’ Fees and Costs.
In the event of any arbitration or litigation arising from or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, together with all costs it incurred in connection with the arbitration and/or litigation.
If any provision of this Agreement is deemed illegal and/or unenforceable, the remainder of the Agreement shall remain in full force and effect.
All users and/or Subscribers agree to indemnify and hold harmless the Owner, its affiliates, subsidiaries, directors, board members, owners, principals, officers, managers, members, employees, shareholders, representatives, and/or agents from any loss, damage, claim, liability, or injury, including reasonable attorneys’ fees and costs, that may result from that user’s and/or Subscriber’s use of the Website, and/or that may result from any violation of this Agreement, including any and all warranties and representations set forth above.
23. Third Party Beneficiaries.
All users and/or Subscribers agree that, except to the extent otherwise required by this Agreement, there are no third party beneficiaries to this Agreement.
This Agreement sets forth, and constitutes, the entire agreement between the Owner and any and all users and/or Subscribers. The Owner reserves the right to amend this Agreement at any time with or without notice to all users and/or Subscribers. Any changes to this Agreement shall take effect when posted on the Website, and shall be immediately enforceable against any and all users, potential Subscribers, and current Subscribers. The Owner may amend this Agreement without acquiring consent from any user and/or Subscriber.
25. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of all who use and/or visit the Website, all Subscribers, and the Owner, as well as to the Owner’s successors and assigns.