Terms of Service

  • April 7, 2016 |

Terms of Service

Updated April 6, 2016

ADOPTING.ORG, INCLUDING RELATED MOBILE APPLICATIONS (THE “SITE”), IS OWNED AND OPERATED BY ELEVATI, LLC (“ELEVATI”). THESE TERMS OF SERVICE SET FORTH THE AGREEMENT BETWEEN ELEVATI AND A USER OF THE SITE.

USERS SHOULD CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING THE SITE. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION ABOUT LEGAL RIGHTS, LIMITATIONS AND EXCLUSIONS, AND THE RESOLUTION OF ANY POSSIBLE DISPUTES ARISING FROM THE USE OF THE SITE.

Introduction

ELEVATI PROVIDES INFORMATION, MARKETING, AND ONLINE SERVICES ONLY.  ELEVATI DOES NOT MATCH BIRTHPARENTS WITH ADOPTIVE PARENTS AND IS NOT, NOR DOES IT SEEK TO BE, AN ADOPTION FACILITATOR, A LICENSED ADOPTION AGENCY OR A LAW FIRM.  THE INFORMATION PROVIDED BY ELEVATI OR USERS ON THE SITE IS NOT LEGAL OR MEDICAL ADVICE.  ELEVATI DOES NOT PROMISE, GUARANTEE, OR EVEN SUGGEST THAT THE INFORMATION IS CORRECT, COMPLETE, OR UP-TO-DATE, AND ONLINE READERS SHOULD NOT ACT BASED UPON THIS INFORMATION WITHOUT FIRST SEEKING PROFESSIONAL COUNSEL FROM AN ATTORNEY, ADOPTION AGENCY, MEDICAL SERVICE PROVIDER, OR OTHER COMPETENT PROFESSIONAL WHO IS AUTHORIZED TO PROVIDE SUCH ADVICE AND COUNSEL.

By using the Site, users agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, the Privacy Notice, and any additional terms and conditions that may apply to specific sections of the Site, or to products and services that are available through the Site (all of which are deemed part of these Terms of Service). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and an agreement to be bound by these Terms of Service.

Elevati reserves the right, in its sole and absolute discretion, to change, modify, add, or remove any portion of these Terms of Service, in whole or in part, at any time. Changes will be effective when posted. Continued use of the Site after any changes are posted will be considered acceptance of those changes. It is a user’s responsibility to review the Terms of Service, and if at any time a user finds these terms unacceptable, they must immediately leave the Site and cease all use of the Site

Elevati also reserves the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in Elevati’s sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.

Rights and Restrictions Relating to Site Content

Limited Right to Use Site Content. The Site and all the content posted on the Site are the property of Elevati and its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for personal noncommercial use. Users may not use the Site or the content posted on the Site in a manner that constitutes an infringement of Elevati’s rights or that has not been authorized by Elevati. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, Users may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any content posted on the Site. For information about requesting permission to reproduce or distribute content posted on the Site, please contact Elevati.

Content on Third-Party Sites. The Site links to websites operated by other parties, and content on those websites may be protected by copyright, trademark or other intellectual property laws. Elevati does not assert or claim ownership of the content on websites owned by other parties. Users seeking to utilize content found on such websites should contact the owner or administrator of those websites.

Elevati’s Right to Use Materials That Users Submit or Post. When a user submits or posts any material via the Site, the user grants Elevati, and anyone authorized by Elevati, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that Elevati chooses. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, a user grants to Elevati and anyone authorized by Elevati, the right to identify the User as the author of any postings or submissions by name, email address or screen name, as Elevati deems appropriate. User understands that the technical processing and transmission of the Site, including content submitted by user, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. A user will not receive any compensation of any kind for the use of any materials submitted by the user.

Limitations on Linking and Framing. Users are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of the user’s website or service by Elevati or by the Site. However, a user may not, without Elevati’s prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of Elevati’s content or intellectual property.

Access to Certain Features of The Site

To access certain features of the Site, including the opportunity to share content, Elevati may ask users to provide certain demographic information, including gender, year of birth, zip code and country. In addition, users may be asked to register with a form provided and such registration may require users to provide information such as their name and e-mail address. Users agree to provide true, accurate, current and complete information as prompted by the Site. If Elevati has reasonable grounds to suspect that information provided is untrue, inaccurate, or incomplete, it retains the right to suspend a user’s current or future use of the Site (or any portion thereof). Elevati’s use of any information users provide as part of the registration process is governed by the terms of Elevati’s Privacy Notice.

Privacy

Elevati respects the privacy of the users of the Site. Please review the Privacy Notice. These Terms include and fully incorporate the Privacy Notice.

Online Commerce

Certain sections of the Site may link to pages allowing the purchase of products or services. These are not provided by Elevati but are provided by third parties. Elevati is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If a user makes a purchase from a merchant to which the Site links, the information provided by users, such as credit card number and contact information, may be collected by that site. A merchant may have privacy and data collection practices that are different from Elevati. Elevati has no responsibility or liability for these independent policies. In addition, when a user purchases products or services on or through the Site, they may be subject to additional terms and conditions that specifically apply to the purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, users should visit that merchant’s website and click on its information links or contact the merchant directly. Users agree to release Elevati and its affiliates from any damages that users incur, and agree not to assert any claims against Elevati or any of its affiliates which arise from the purchase or use of any products or services made available by third parties linked to the Site.

Responsibility for User-Provided Content

The Site includes the ability to share content, including stories, photographs, memes, quizzes and video. By accessing and using any such features, users represent and agree: (i) that they are the owner of any content they post or submit, or are making their posting or submission with the express consent of the owner of the content; (ii) that they are making the posting or submission with the express consent of anyone pictured or identified in any material they post or submit, (iii) that they are 13 years of age or older; (iv) that the content will not violate the rights of, or cause injury to, any person or entity; and (v) that they will indemnify and hold harmless Elevati, its affiliates, and each of their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Site by users. Users also grant Elevati a license to use the materials they post or submit, as described above under the heading “Rights and Restrictions Relating to Site Content.”

Responsibility for what is posted on the Site through which users can supply information or content lies with each user.  They alone are responsible for the material they post or send. Elevati is not responsible for the speech, content, messages, information or files that others may transmit, post or otherwise provide on or through the Site.

Users understand that Elevati has no obligation to monitor user-generated content. However, Elevati reserves the right at all times, in its sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in its judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.

Users acknowledge and agree that Elevati may preserve content and materials submitted by users and may also disclose such content and materials if required to do so by law or if, in Elevati’s business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by a user violate the rights of third parties; or (d) protect the rights, property, or personal safety of the Site, Elevati, its affiliates, or their respective officers, directors, employees, representatives, licensors, other users, and/or the public.

Modifications to, or Discontinuation of, the Site

Elevati reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. Users agree that Elevati will not be liable to them or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

Disclaimers

Throughout the Site, Elevati has provided links and pointers to internet sites maintained by third parties. This does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, neither Elevati nor its parent or subsidiary companies nor any of its respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by Elevati on the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELEVATI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELEVATI DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ELEVATI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

USERS ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO ELEVATI TO GRANT THE LICENSE CONTAINED IN THIS TERMS OF SERVICE AND TO PROVIDE USERS WITH ACCESS TO THE SITE AND SERVICES.

Users must provide and are solely responsible for all hardware and/or software necessary to access the Site. Users assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Users acknowledge that by using the Site, they may incur charges from their wireless carrier, internet service provider or other method of internet or data access, and that payment of any such charges will be their sole responsibility. Users agree that their use of the Site will be in accordance with all requirements of their wireless carrier, internet service provider and other method of internet or data access. Elevati does not control network access. Use of networks may not be secure and may expose a user’s personal information sent over such networks.

The Site is provided for informational purposes only and is not intended for trading or investing purposes or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. Users expressly assume all risk for such use.

Users’ interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. Users agree that Elevati will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Users also agree that, if there is a dispute between users of this Site, or between a user and any third party, Elevati is under no obligation to become involved, and users agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Site.

Governing Law, Venue and Severability

The laws of the State of Idaho shall govern these Terms of Service.  The sole and exclusive venue for any dispute between a user and Elevati arising from these Terms of Service shall be Madison County, Idaho. The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision.

Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR USE OF THE SITE SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES.  THE NUMBER OF ARBITRATORS SHALL BE ONE. THE PLACE OF ARBITRATION SHALL BE MADISON COUNTY, IDAHO. IDAHO LAW SHALL APPLY. THE PREVAILING PARTY IN ANY SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THEIR REASONABLE ATTORNEYS’ FEES AND RELATED COSTS AND EXPENSES.  JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ELEVATI OR ITS SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ANY MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF ELEVATI IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. USERS SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ELEVATI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF A USER IS DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SOME USERS. IN SUCH STATES, ELEVATI’S LIABILITY AND THE LIABILITY OF ITS SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

Indemnification

Users agree to indemnify and hold harmless Elevati, its affiliates, and each of their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of a user’s use of the Site, a user’s violation of these Terms of Service, or a user’s violation of any rights of another. Elevati reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, user agrees to provide Elevati with such cooperation as is reasonably requested by Elevati.

Suspension and Termination of Access

Users agree that, in Elevati’s sole discretion, Elevati may suspend or terminate a user’s use of the Site or any part of the Site, and that Elevati may remove and discard any materials that a user submits to the Site, at any time, for any reason, without notice. Users agree that Elevati will not be liable to users or any third-party for any suspension or termination of use of the Site, or any removal of materials that a user has submitted to the Site. In the event that Elevati suspends or terminates a user’s access to and/or use of the Site, the user will continue to be bound by the Terms of Service that were in effect as of the date of that suspension or termination.

Notice of Copyright Infringement

If a user is a copyright owner who believes their copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, the user should inform Elevati by sending written notice via U.S. Mail to Elevati, LLC, Attn:  Copyright Infringement Arbitrator, 343 East 4th North, Ste. 209, Rexburg, ID 83440.  The notice should include the following information: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) the location of the allegedly infringing material on the Site; (3) contact information, including address, telephone number, and, if available, email address; (4) a statement of good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement made under penalty of perjury, affirming that the information in the notice is accurate and that the individual providing notice is authorized to act on the copyright owner’s behalf; and (6) a signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Restrictions

The Site is intended for use only by residents of the United States over the age of 13. It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements that differ from those in the U.S. By using this Site, users agree to the transfer and processing of any personal information they provide to the U.S. as set forth in the Privacy Notice under the laws of the United States and the State of Idaho, rather than under the law of their home country.

Other

These Terms of Service, together with the Privacy Notice, constitute the entire agreement between Elevati and users with respect to the subject matter contained therein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral. Users also may be subject to additional terms and conditions that may apply when using products or services of a third party that are provided through the Site or links from the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern.

This agreement is personal to each user and may not be assigned it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by users or Elevati. Users agree that regardless of any statute or law to the contrary, any claim or cause of action that they may have arising out of or related to use of the Site or these Terms of Service must be filed by the user within one year after such claim or cause of action arose or be forever barred.

 

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