If you sign on to Adoption Information Clearinghouse.org (“AIC”) as a guest, or if you register to obtain services from AIC, these Terms of Service will govern your use of AIC. BY SIGNING ON TO AIC AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service govern your use of AIC and all services and products provided in connection with AIC. AIC shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter AIC. The Terms of Service for your continued use of AIC will be available throughout AIC. Please check these areas before using AIC to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with AIC immediately by (i) notifying AIC of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of AIC. Your continued use of AIC will signify your acceptance of these Terms of Service and any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of AIC, including but not limited to all content, services, digital products, tools or products is hereby expressly prohibited.
AIC is not an adoption agency or associated with any adoption agency. Our goal is to provide quality information regarding birth parents who are considering or who have considered placing a child for adoption. AIC does not participate in matching a specific child to specific parents for adoption.
AIC works hard to keep the web site online and functioning properly. However, there are many elements relating to routers, servers, files, programming and other errors that are beyond our control. AIC assumes no liability for damages resulting from failures of the site, server, files, or programming, or damages resulting from "hackers" or "viruses", hardware failure, or other website downtime or data loss.
AIC may modify these Terms of Service from time to time in its sole discretion. Each time you log on to AIC, you will be deemed to have accepted any such changes. From time to time AIC may modify these Terms of Service ("Modifications") or supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Modifications or Additional Terms may be placed on AIC websites or be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Modifications or Additional Terms are hereby incorporated by reference into these Terms of Service. AIC may modify or discontinue AIC with or without notice to you and without liability to you or any third party.
AIC reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access AIC and/or any other service provided to you by AIC upon what AIC deems as any breach by you of the Terms of Service.
Any use by you of any information obtained through your use of AIC for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) other than in your performance of professional adoption services is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. AIC is to be used solely to obtain certain information about birth parents desiring to place a child for adoption. Other commercial uses of AIC are strictly prohibited. You agree that you will not use AIC for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee, agent, affiliate, or consultant of AIC. You further agree not to use an inappropriate registration name of any kind.
You agree not to post or use AIC to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Information you obtain from AIC shall be held as strictly confidential and may only be shared with others in conjunction with and as provided on the AIC website.
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify AIC of any unauthorized use of your registration or password.
YOU EXPRESSLY AGREE THAT USE OF AIC IS AT YOUR SOLE RISK. AIC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
AIC MAKES NO WARRANTY THAT AIC WILL MEET YOUR REQUIREMENTS, OR THAT AIC WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AIC. AIC WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF AIC.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AIC IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT AIC DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH AIC. AIC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER AIC NOR ITS REGISTERED USERS, WHILE SUCH USERS ARE PARTICIPATING IN AIC, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.
AIC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION PROVIDED BY AIC. YOUR PARTICIPATION IN AIC IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIC OR THROUGH AIC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AIC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH AIC OR ANY TRANSACTIONS ENTERED INTO THROUGH AIC.
AIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE AIC OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH AIC OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of AIC, the American Academy of Adoption Attorneys, their affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of AIC, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Indiana, United States of America, excluding its conflict of laws rules. You agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of Indiana.
In the event that AIC determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of AIC, AIC reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) discontinue your registration with AIC; or (iii) any other action which AIC deems to be appropriate.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
AIC may assign its rights and obligations under these Terms of Service and upon such assignment AIC may be relieved of any further obligation hereunder.
You represent to AIC that you have the authority to register with AIC or use AIC according to these Terms of Service.
AIC may modify or discontinue AIC, or any portion thereof or any services, products, or events, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
AIC reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on AIC by AIC) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of AIC, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Neither AIC, its affiliates, its sponsors, nor any other contributors take responsibility for any consequence relating directly or indirectly to any information, advice, computer, networking, site error, human error, procedure, release of information, links to other sites, action by any person using the AIC web site or any services of AIC.
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