Terms of Use

PARENTS FOR MY CHILD L.L.C, d/b/a
ADOPTION FOR MY CHILD

TERMS OF USE AGREEMENT

The following terms of use (the “Terms of Use”) contain the terms and conditions applicable to you and your (“You” and “Your”) access to and use of this website, www.adoptionformychild.com, including the mobile version, if applicable, and the resources and tools accessible on the website (collectively, the “Website”). The Website is owned and operated by Parents For My Child L.L.C, an Ohio limited liability company d/b/a Adoption For My Child (the “AFMC”).

Your use of the Website (and any other feature, content or application offered by the Website) are at all times subject to these Terms of Use, as the same may be modified by the Company, by all applicable laws, rules and regulations, and by any Client Agreement you have entered into with AFMC.

PLEASE READ THESE TERMS OF USE CAREFULLY as these Terms of Use constitute a binding legal agreement between you and the Company.

In consideration of Your being allowed to access and use the Website, you agree as follows:

Acceptance of Terms of Use. By accessing and using the Website and/or executing a Client Agreement

agreement with AFMC, you agree that you have read, understand and agree to be legally bound by these Terms of Use. If AFMC materially changes the Terms of Use, AMC will notify you through a notice, updated Terms of Use on the Website or by electronic mail (sent to the email address you have provided to AFMC, if any), prior to, or upon the change(s) becoming effective. Otherwise, unless prohibited by law, these Terms of Use may be changed, modified or altered by AFMC in AFMC’s sole discretion at any time without prior notice.

Use of the Website. The content and information posted by AFMC on the Website may be used only for

informational, personal or other purposes authorized by AFMC. By accessing and using the Website, you represent and warrant that: (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are eighteen (18) years of age or older; and (iv) your use of the Website does not violate any applicable law, rule or regulation. The Website is intended for use by residents of the United States or non-residents of the United States that agree to use the Website in accordance with United States laws, these Terms of Use and the AFMC “Privacy Policy.” By using this Website, you further represent and warrant that you meet the above residency requirements. Use of, and access to, the Website and AFMC’s services is void where prohibited.

License and Access. AFMC grants you a limited, revocable license to access and make personal and non-

commercial use of the Website. Any use of the Website, or its content, that is not expressly authorized in these Terms and Conditions is prohibited and immediately terminates the license granted herein. Examples of unauthorized use of the Website includes, but is not limited to: (i) copying, modifying, displaying, distributing, republishing or retransmitting any content or material (including images and text), in whole or in part, from and/or on the Website without AFMC’s prior written consent; (ii) engaging in any activity that interferes with the Website or another user’s information or use of the Website; (iii) modifying, creating derivate works from, reverse engineering, decompiling or disassembling any technology used to provide the Website and the software and services offered on the Website; (iv) engaging in criminal or tortious activity, including fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets; or (v) assisting or encouraging any third party in engaging in any activity prohibited by these Terms of Use.

Specifications and Availability. The inclusion of any software or services on the Website does not imply or

warrant that any particular software or services will be available at any particular time. In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any content, services or software. AFMC assumes no responsibility or obligation to modify or remove any inaccurate content.

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

other websites, services, products or content of third parties (“Third-Party Site”). AFMC has no control over, and does not necessarily endorse, any Third-Party Site’s services, products or content. You acknowledge and agree that you access such Third-Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.

Termination of Access and/or Account. In addition to any right or remedy that may be

available to AFMC under these Terms of Use, any Client Agreement with You or under applicable law, AFMC may limit, suspend or terminate your access to the Website or Social Media Platforms at any time with or without notice, and with or without cause. AFMC may also refer any information on illegal activities, including your identity, to the proper authorities.

Term. These Terms of Use shall remain in full force and effect while you use or access

the Website, have any account with the Website or are a member of AFMC. Sections 11-17, together with all other terms that reasonably may be interpreted as surviving, shall survive any termination of these Terms of Use.

Indemnity. You agree to defend, indemnify and hold AFMC, its members, managers,

employees, agents and representatives harmless from any loss, liability, claim or demand, including, but not limited to reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein), and/or Your acts or omissions.

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.

Governing Law. These Terms of Use, and use of the Website, shall be governed by the

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

state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon AFMC’s posting them on the Website or (if AFMC chooses to do so in its sole discretion) delivering them to you through email if you have provided AFMC with your accurate and active email address. AFMC’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are fore convenience only and have no legal or contractual effect. These Terms of Use and your account on the Website, if any, are personal to you and may not be transferred or assigned. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, such invalidity or unenforceability shall have no effect on any of the remaining provisions of these Terms of Use. The foregoing Terms of Use are incorporated by reference into Your Client Agreement with AFMC.

Revised October 25, 2019.

SMS/MMS MOBILE MESSAGE PROGRAM TERMS AND CONDITIONS

Parents For My Child, L.L.C. d/b/a Adoption For My Child (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

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.

Subscription Cost:

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.