PARENTS FOR MY CHILD L.L.C, d/b/a
ADOPTION FOR MY CHILD
In consideration of Your being allowed to access and use the Website, you agree as follows:
- Use of the Website. The content and information posted by AFMC on the Website may be used only for
- License and Access. AFMC grants you a limited, revocable license to access and make personal and non-
- Specifications and Availability. The inclusion of any software or services on the Website does not imply or
- Property; Intellectual Property. All content of the Website (including, without limitation,
text, graphics, icons, images, clips and software) is protected by copyright, trademark and other laws. All AFMC copyrights, patents, trade secrets and other intellectual property along with all AFMC names, logos, taglines, icons, marks text, graphics, animation, audio components, digital components, interfaces, navigational devices, menus, menu structures or arrangements, help and other operational instructions, all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access or otherwise affect the Website’s applications on the Website, or used by AFMC, are the exclusive property of AFMC and may not be used by you without AFMC’s prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights not expressly granted in and to the Website’s content and services.
- User-Generated Content. Users may be able to post content in certain areas on the
Website or on other websites or platforms that Company owns or operates, including on social media platforms such as Facebook, Instagram, Twitter, Pinterest, etc. (“Social Media Platforms”). You are solely responsible for any content including, but not limited to, photographs, questions, reviews, comments, suggestions and/or text (“User Content”) you upload, post, display or otherwise provide to us through the Website, Social Media Platforms or otherwise. AFMC takes no responsibility for, and assumes no liability for, any User Content posted by you or any other party. Any User Content you post or provide will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocably and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. AFMC may reject, refuse to post, edit or may remove any User Content at any time without notice, for any or no reason.
- Links to Third-Party Sites. The Website may provide you with links or other access to
- Termination of Access and/or Account. In addition to any right or remedy that may be
- Indemnity. You agree to defend, indemnify and hold AFMC, its members, managers,
- Acknowledgments. You acknowledge and agree that AFMC is not a private or publicly licensed adoption
agency, licensed psychotherapist or counselor, attorney, law firm, adoption service provider, investigator nor social worker.
- Wrongful Conduct. You acknowledge and agree that if AFMC becomes aware of, knows, has reason to
know or believes that You are, have, or may engage in any conduct or activity that is, or may be, in AFMC’s
sole determination, in violation of any Applicable Law or any federal, state or local law, statute, ordinance rule or regulation whatsoever, AFMC has the right, not only to immediately suspend and/or terminate your use of the Website, but to disclose any and all of Your information, without limitation, to any authority, governmental or otherwise, without notice to or consent from You. Notwithstanding the foregoing, nothing herein shall be deemed to be an affirmative obligation of AFMC to report to, or disclose information to any authority, governmental or otherwise.
You further acknowledge and agree that You may not and will not use this Website, AFMC’s resources, information or services, or any other applications or software made available by AFMC to violate any Applicable Law, harass or discriminate against any other person whatsoever whether such person is an AFMC member or not, publish (by any manner or method) any content that AFMC, in its sole discretion, determines to be hate speech, directly or indirectly exchange money, anything of value, or anything else whatsoever to a parent (or that parent’s representative), or any adoption professional, that is considering or seeking to (whether actually or potentially) place a child in an adoption situation. You are encouraged to report any of the prohibited acts to AFMC if you learn, or have reason to know anyone is violating, or potentially violating the same. Any person, whether a member of AFMC or not, found by AFMC, in AFMC’s sole discretion to be engaged in wrongful conduct on or through the Website, or to be engaged in any of the foregoing prohibited activities, or to be engaged in any other act or omission that AFMC determines to be harmful to its business or others, may be suspended from using the Website, their membership with AFMC or may have any and all of their rights to use the Website or be a member of AFMC terminated. You acknowledge and agree that AFMC has the right, without your consent, to report any of Your information, or information about You to any governmental or quasi-governmental authority if AFMC determines that you have violated any of the foregoing prohibitions.
- Disclaimer of Warranties. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. AFMC OFFERS
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE TRUTHFULNESS OR ACCURACY OF ANY RESOURCES OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR PRESENTED BY OTHER USERS OR MEMBERS OF THE WEBSITE. THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AFMC DISCLAIMS AND EXCLUDES ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ITS CONTENT AND THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE.
- Limitation of Liability. IN NO EVENT SHALL AFMC BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF AFMC’S RESOURCES, INFORMATION OR SERVICES OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF AFMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AFMC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (i) THE PRICE OF YOUR MOST RECENTLY PAID MEMBERSHIP FEE TO AFMC, IF APPLICABLE; OR (ii) $10.00.
laws of the State of Ohio regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Website.
- Miscellaneous. AFMC may give you notice of certain events from time to time and may be required by
Revised October 25, 2019.
SMS/MMS MOBILE MESSAGE PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive mobile messages at the phone number associated with your opt-in, and you understand that your consent and an active subscription is required to receive message notification. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand that you may also opt—out of receiving message notifications and your subscription by visiting your account page at www.adoptionformychild.com/account/ and then by going to the subscriptions tab and then selecting “cancel”. An email confirmation of your opt-out will be send to the email address you provided at signup. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Additional Mobile Messages – Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your text notification membership status with AFMC.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected] Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Felicity, Ohio before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Adoption For My Child’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.