Adoption Wise
WEBSITE USER AGREEMENT
Written by Webmaster
Wednesday, 05 April 2006
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING this website (http://adoptionwise.com). By
using adoptionwise.com, you signify your assent to these terms of use. If you do not agree to these terms of use, please do
not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any
time. Please check these terms periodically for changes. Your continued use of adoptionwise.com following the posting of
changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all materials, including, but not limited to, news
articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the adoptionwise.
com (collectively, the "Content") are protected by copyright and owned, controlled or licensed by Adoption Wise, or the
party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions
contained in any Content accessed through the adoptionwise.com.
No Content from the adoptionwise.com may be copied, reproduced, framed, hyperlinked, republished, downloaded,
uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically
permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep
intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly
prohibited without prior permission from Adoption Wise, or the copyright holder identified in the copyright notice
contained in the Content. To inquire about obtaining such permission, please contact Webmaster.
If you wish to build a hyperlink to the adoptionwise.com, you may do so provided you agree to cease such link upon
request from Adoption Wise. No other use is permitted without prior written permission of Adoption Wise.
Modification of the Content or use of the Content for any other purpose is a violation of Adoption Wise’s copyright and
other proprietary rights. For purposes of these terms, the use of any Content on any other adoptionwise.com or networked
computer environment is prohibited. All trademarks, service marks and trade names are proprietary to Adoption Wise.
USAGE BY CHILDREN UNDER 13. The adoptionwise.com is directed to adults and is not directed to children under the
age of 13. Adoption Wise cannot prohibit minors from visiting the adoptionwise.com. Adoption Wise must rely on parents,
guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such
children to view and/or purchase. Adoption Wise complies with the Children's Online Privacy Protection Act and does not
permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This
requirement will be posted wherever Adoption Wise collects data within the adoptionwise.com, such as during the
registration process.
MEMBER ACCOUNT. If you register as a user of this adoptionwise.com, you will be assigned a username and password that
is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for
all activities that occur under your username and password. You agree to notify Adoption Wise of any unauthorized use of
your username and password or any other breach of security at Webmaster.
FEES AND PAYMENTS. Adoption Wise reserves the right at any time to charge fees for access to portions of the
adoptionwise.com or the adoptionwise.com as a whole. However, in no event will you be charged for access to the
adoptionwise.com unless we obtain your prior agreement to pay such charges.
E-MAIL AND PUBLIC COMMUNICATION. "Forum" means letters, e-mails or other types of communications to the editors,
Webmaster(s) or employees of Adoption Wise, and messages posted in connection with online seminar discussions on the
Adoptionwise.com. You shall not upload to, distribute through, or otherwise publish through a Forum on the Adoptionwise.
com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any
party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or
otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or
services. You specifically acknowledge that soliciting other guests of the Adoptionwise.com to join or become members of
any commercial online or offline service or other organization is expressly prohibited.
Subject to the terms of the Adoption Wise privacy policy, in general, we will not monitor or edit the contents of Forum
materials unless required in the course of normal maintenance of the Adoptionwise.com and its systems or unless required
to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal
process served on Adoption Wise; (2) protect and defend the legitimate business interests, rights or property of Adoption
Wise, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal
safety of our guests or the public. Users shall remain solely responsible for the content of their communications. Adoption
Wise has the right but not the obligation to monitor and edit or remove any Forum communications and content.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner
of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such
materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you
warrant that all so-called "moral rights" in those materials have been waived.
PRIVACY. Registration data and certain other demographic information about you are subject to Adoption Wise’s privacy
policy. For more information, see Adoption Wise’s full privacy policy at adoptionwise.com, which is incorporated in full
herein by reference.
INDEMNIFICATION. You agree to indemnify, defend and hold Adoption Wise harmless from any liability, loss, claim and
expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the
Adoptionwise.com.
NON-TRANSFERABILITY. Your right to use this Adoptionwise.com is not transferable. Any password or right given to you to
obtain information is not transferable.
JURISDICTION. Unless otherwise specified, the Content on the Adoptionwise.com is presented solely for the purpose of
promoting publications and other products available in the United States, its territories, possessions, and protectorates. The
Adoptionwise.com is controlled and operated by Adoption Wise from its offices within the States of California. Adoption
Wise makes no representation that Content on the Adoptionwise.com is appropriate or available for use in other locations.
Those who choose to access the Adoptionwise.com from other locations do so on their own initiative and are responsible
for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance
of that information or Content with local laws, if and to the extent local laws are applicable.
All users, including those users who access the Adoptionwise.com from a country other than the U.S., agree that the laws
of the State of California shall govern any dispute, including those arising from Adoption Wise's use of personal information
or otherwise relating to privacy, as specified in the privacy policy.
TERMINATION. These terms are effective until terminated by either party. You may terminate these terms at any time by
destroying all Content obtained from any and all Adoptionwise.com(s) and all related documentation and all copies and
installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including
the maintenance of a member account, will terminate immediately without notice from Adoption Wise if, in Adoption
Wise's sole discretion, you fail to comply with any term or provision of these terms. Upon termination, you must destroy all
Content obtained from the Adoptionwise.com and all copies thereof, whether made under these terms or otherwise.
Adoption Wise may take such further action as Adoption Wise determines to be appropriate under the circumstances to
eliminate or preclude repeat violations, and Adoption Wise shall not be liable for any damages of any nature suffered by
any customer, user, or any third party resulting in whole or in part from Adoption Wise’s exercise of its rights under these
terms and conditions.
DISCLAIMER. THE CONTENT IN THE ADOPTIONWISE.COM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, ADOPTION WISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EAGLE REVIEW DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
CONTENT ON THE ADOPTIONWISE.COM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
ADOPTION WISE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THE CONTENT ON THE ADOPTIONWISE.COM. IN NO EVENT SHALL ADOPTION WISE'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THE ADOPTIONWISE.COM.
NOT LEGAL ADVICE. The Content contained on the Adoptionwise.com has been prepared by Adoption Wise as a service
to its readers and the Internet community and is not intended to constitute legal advice. Adoption Wise has used
reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or
guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the
Adoptionwise.com. Users of information from the Adoptionwise.com do so at their own risk.
OTHER PRODUCTS. Any reference made by the Adoptionwise.com to any specific commercial product, process, or
service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not
constitute or imply an endorsement, recommendation, or favoring by Adoption Wise. Third parties and users may provide
content on the Adoptionwise.com. Any opinions, advice, statements, services, offers or other information expressed or
made available by third parties, including information providers, users or others, are those of the respective author(s) or
distributor(s) and do not necessarily state or reflect those of Adoption Wise.
LINKS TO OTHER ADOPTIONWISE.COMS AND SERVICES. To the extent that the Adoptionwise.com contains links to
outside services and resources, Adoption Wise does not control the availability and content of those outside services and
resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular
service or resource.
OTHER. These terms shall be governed by and construed in accordance with the laws of the State of California. You
agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal
courts located in Imperial County California, and you hereby consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or
cause of action arising out of or relating to the Adoptionwise.com and these Terms of Service must be filed within one (1)
year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to
the subject matter herein and shall not be modified except as provided herein or in writing, signed by Adoption Wise. To
the extent that anything in or associated with the Adoptionwise.com is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Adoption Wise's failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision.
AdoptionWise –April 2006
Last Updated ( Wednesday, 05 April 2006 )