Terms of Service
(As of January 22, 2004)
INTRODUCTION
FamilAds.com is provided free of charge to you (unless otherwise indicated), by Family Ads, LLC and its subsidiaries and affiliates that utilize these Terms of Service ("FamilyAds.com"). FamilyAds.com includes all websites, print publications or electronic publications owned, produced or operated by FamilyAds, LLC, including all information, content, products and services provided through those websites and publications. All individuals who use FamilyAds.com agree to the following "Terms of Service". All protection provided to FamilyAds.com is also provided to the sponsors, advertisers, affiliates, officers, employees, owners, volunteers, moderators, and board of director members of FamilyAds, LLC.
Although portions of FamilyAds.com may be viewed simply by visiting the web site, in order to access the ad banners & statistics from FamilyAds.com you need to sign on as an advertiser FamilyAds.com. If you sign on to FamilyAds.com as an advertiser, these Terms of Service will govern your use of FamilyAds.com. BY SIGNING ON TO FAMILYADS.COM AS A MEMBER 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, product digital product, event or course govern your use of FamilyAds.com and all services, products, digital products events and courses provided in connection with FamilyAds.com, including but not limited to any course, service, product, digital product, events or personal website provided to you by FamilyAds.com. FamilyAds.com 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 FamilyAds.com. The Terms of Service for your continued use of FamilyAds.com will be available throughout FamilyAds.com. Please check these areas before using FamilyAds.com 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 FamilyAds.com immediately by (i) notifying FamilyAds.com of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of FamilyAds.com. Your continued use of FamilyAds.com will signify your acceptance of 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 FamilyAds.com, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
From time to time FamilyAds.com may supplement these Terms of Service with additional terms pertaining to specific content, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on FamilyAds.com to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
PROFESSIONALS, ADVERTISERS AND OTHER WEB SITES
The professionals, advertisers, and web sites who promote themselves and who are promoted through FamilyAds.com and receive exposure resulting from FamilyAds.com services and web site does not constitute endorsement or advocacy by FamilyAds.com. Please consult with the Chamber of Commerce and Better Business Bureau if you wish to check the credibility of these organizations. FamilyAds.com will not be responsible for any damages that result from using the services or products of a professional, advertiser or web site who is promoted at FamilyAds.com.
HOPEFUL ADOPTIVE PARENTS
ParentProfiles.com is operated by Adoption Profiles, LLC, a separate business entity from Family Ads, LLC. ParentProfiles.com is not operated by Family Ads.com or Family Ads, LLC. ParentProfiles.com simply advertises on Family Ads.com websites. By visiting or using the ParentProfiles.com website, you agree to be bound by these Terms of Service.
All prospective adoptive parents in ParentProfiles.com represent to Family Ads.com that their being on ParentProfiles.com does not violate any law, and that they have satisfied all pre-adoption certification requirements in their state and the state they are adopting from. It is your responsibility to consult with your local adoption attorney before joining ParentProfiles.com. Family Ads.com assumes no liability for damages resulting from prospective adoptive parents being on ParentProfiles.com.
ADOPTION PROFESSIONALS
All adoption professionals represent to Family Ads.com that their use of our services does not violate any laws. These professionals also represent that any hopeful adoptive parents that they refer to ParentProfiles.com, a service of Adoption Profiles, LLC have satisfied all pre-adoption certification requirements in their state. Family Ads.com assumes no liability for damages resulting from an adoption-related professional using FamilyAds.com's services. At no time does Family Ads.com represent that any adoption professional shall have "exclusive" rights to any Family Ads.com service.
LEGAL RESOURCES
Laws regarding adoption, advertising, and the Internet vary considerably depending upon the state or the region of the state. Individual laws and interpretations of laws change frequently and it is impossible for Family Ads.com to be constantly aware of the legal situation in each region of each state. Family Ads.com does not guarantee that using the services of Family Ads.com is legal for any individual or organization in any specific area. Family Ads.com urges you to consult with your local attorney before using the services of Family Ads.com, and that you keep aware of the changes in state law in your state.
ERROR
Because of computer and human error, Family Ads.com cannot guarantee the accuracy of any statistics or other information that is presented through the site and therefore is not liable for any resulting damages.
SERVER OR WEB SITE FAILURE
Family Ads.com 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. FamilyAds.com 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.
CONTACT US
If you discover someone who is not abiding by these rules, you agree that you will immediately contact us by fax at 480-446-0600 or call 1-800-ADOPT-HERE.
MODIFICATIONS
Family Ads.com may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Family Ads.com, you will be deemed to have accepted any such changes. From time to time Family Ads.com 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 Family Ads.com 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. Family Ads.com may modify or discontinue Family Ads.com with or without notice to you and without liability to you or any third party.
TERMINATION
Family Ads.com 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 Family Ads.com and/or any other service provided to you by Family Ads.com including any e-mail account upon any breach by you of the Terms of Service.
REGISTRATION AND PASSWORD
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 Family Ads.com of any unauthorized use of your registration or password.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF FAMILYADS.COM IS AT YOUR SOLE RISK. FAMILYADS.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FAMILYADS.COM 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.
FAMILYADS.COM MAKES NO WARRANTY THAT FAMILYADS.COM WILL MEET YOUR REQUIREMENTS, OR THAT FAMILYADS.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FAMILYADS.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FAMILYADS.COM. FAMILYADS.COM WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FAMILYADS.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FAMILYADS.COM 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 FAMILYADS.COM DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH FAMILYADS.COM. FAMILYADS.COM 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 FAMILYADS.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FAMILYADS.COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. FAMILYADS.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
FAMILYADS.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN FAMILYADS.COM IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILYADS.COM OR THROUGH FAMILYADS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FAMILYADS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FAMILYADS.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH FAMILYADS.COM.
LIMITATION OF LIABILITY
FAMILYADS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FAMILYADS.COM 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 FAMILYADS.COM 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 FAMILYADS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold each of Family Ads.com, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Family Ads.com, 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.
APPLICABLE AND GOVERNING LAW
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 Arizona, United States of America, excluding its conflict of laws rules. You agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of The Southeast Judicial District of the Superior Court of the Maricopa County, Arizona.
REMEDIES FOR BREACH OF THESE TERMS BY YOU
In the event that Family Ads.com 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 Family Ads.com, Family Ads.com reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to Family Ads.com, (iii) delete all content provided by you to Family Ads.com, (iv) discontinue your registration with Family Ads.com and/or any other Family Ads.com community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Family Ads.com deems to be appropriate.
MISCELLANEOUS
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.
Family Ads.com may assign its rights and obligations under these Terms of Service and upon such assignment Family Ads.com may be relieved of any further obligation hereunder.
You represent to Family Ads.com that you have the authority to register with Family Ads.com or use Family Ads.com according to these Terms of Service.
Family Ads.com may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Family Ads.com, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at Family Ads.com's discretion) to provide you notice of such changes to any e-mail address you have provided to Family Ads.com, or post office address you have provided to Family Ads.com.
Family Ads.com may modify or discontinue Family Ads.com, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
Family Ads.com 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 Family Ads.com by Family Ads.com) 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 Family Ads.com, 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.
CONCLUSION
Neither Family Ads.com, its affiliates, its sponsors, nor any other contributors take responsibility for any consequence relating directly or indirectly to any information, recommendations, advice, treatment, computer, networking, site error, human error, procedure, release of information, links to other sites, action or application of medicine or law by any person using Family Ads.com web site or any other services of Family Ads.com.
