TERMS OF USE AND DISCLAIMER

TERMS OF USE AND DISCLAIMER

Community Service

Canadaadopts.com is an information service made available to the adoption community by Canada Adopts! Inc. (“Canada Adopts!”). The goal of Canada Adopts! is to provide information to prospective adoptive parents and birth parents regarding adoption in Canada. Canada Adopts! is not an adoption agency or an adoption facilitator. It does not arrange adoptions or participate in matching specific children to specific prospective adoptive parents. Information made available on or through canadaadopts.com should not be considered as a substitute for legal or other professional advice.

Waiting Parent Registry

The contents of the “Adoption Profiles” posted on canadaadopts.com are the sole responsibility of the individuals who submit them. Canada Adopts! disclaims any liability for the accuracy of any information contained in the “Adoption Profiles” or for any information that is subsequently offered by any of the prospective adoptive parents. Canada Adopts! does not guarantee that prospective adoptive parents on the “Adoption Profiles” page will make suitable parents and disclaims any liability resulting from a birth mother selecting adoptive parents from the registry. It is recommended that prospective birth mothers contact at least three registrants prior to making a final decision.

All prospective adoptive parents in the “Adoption Profiles page” represent and warrant to Canada Adopts! that their use of or participation in the registry does not violate any applicable law, and that they have satisfied all pre-adoption certification requirements in their jurisdiction of residence. It is the responsibility of all prospective adoptive parents to consult with their adoption lawyer or licensee before joining the registry.

Refunds for listings in the “Adoption Profiles” are available, provided the request is made before work on a profile begins. No refunds are available afterwards and partial refunds are not available for unused time. Any changes to a profile after it has been published will be subject to a minimum $25 charge.

Agencies and Professionals

Information regarding adoption agencies or professionals is provided as a community service and does not constitute an endorsement of the agency or professional by Canada Adopts! All agencies and professionals mentioned on or linked to or from canadaadopts.com are independent entities and should be independently researched before engaging their services. Canada Adopts! disclaims all liability in respect of any agency or professional mentioned on or linked to or from canadaadopts.com.

Information and Resources

Canadaadopts.com is a community service, and the information, resources and materials made available on the site or through e-mail or telephone is subjective in nature and may not apply to any specific circumstance or location. All information, resources and materials should be considered non-authoritative and should not be relied upon. Canada Adopts! has no obligation to answer questions, and assumes no liability as a result of any information, resources or materials it may provide or from posting any information, resources or materials on the site.

All information, resources and materials made available on or through canadaadopts.com are provided for educational purposes only. Canada Adopts! does not guarantee the accuracy of information, resources or materials found on the site or that using canadaadopts.com or any of the information, resources or materials included on it is lawful in any specific location.

Posted Content

Any user that posts information, photographs or other content on canadaadopts.com or provides information, photographs or other content to Canada Adopts! for the purpose of it being posted on the site, represents and warrants to Canada Adopts! that (i) the posting on the site of the information, photographs or other content (“Posted Content”), does not violate any applicable law, (ii) Posted Content does not violate any intellectual property or similar right of any third party, (iii) Canada Adopts! will not require any third party permissions or consents with respect to the posting on the site or other permitted use of the Posted Content, and (iv) in respect of any prospective adoptive parent, he/she has satisfied all of the pre-adoption requirements of his/her jurisdiction of residence. Canada Adopts! reserves the right to remove any Posted Content at any time in its sole discretion. Without limiting the foregoing, Canada Adopts! will have the right to remove any “Adoption Profile” where it has any reason to believe that the registrants supplied false or misleading information.

Bulletin Boards

Messages posted to the bulletin boards express the views of the author of the message. Any user who feels that a posted message is objectionable is encouraged to contact Canada Adopts! immediately by email.

The following guidelines govern the use of the bulletin boards made available on canadaadopts.com: The bulletin boards are intended as an information service, and are not designed as a means to advertise a commercial or non-commercial service or for commercial gain. Soliciting birth parents is strictly prohibited. Content posted to a bulletin board may be removed by Canada Adopts! in its sole discretion. Impersonation of any other person, whether actual or fictitious, and the use of a fictitious name is not permitted. The bulletin boards may not be used to post any material which is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law.

License to Posted Content

By posting any information, photographs or other content on any bulletin board or any other “public area” of canadaadopts.com, or by providing any information, photographs or other content to Canada Adopts! for the purpose of it being posted on the site, you grant Canada Adopts! the right to use, reproduce and modify the information, photographs or other content and to display it worldwide and incorporate it in other works in any form with or without attribution.

E-mail Services

Canada Adopts! does not guarantee the security of its e-mail link services. It is recommended that you do not send any e-mail that you would not want to be public knowledge. You agree not to use www.canadaadopts.com e-mail accounts to send unsolicited e-mail to others. Canada Adopts! reserves the right to terminate e-mail link services at any time for any reason. Canada Adopts! assumes no responsibility for the e-mail link services.

Copyright

All of canadaadopts.com design, text, graphics and arrangement thereof, including without limitation all personalized web pages and software used herein, is copyrighted material of Canada Adopts! or its suppliers. Any modification, distribution, or republication without the prior written permission of Canada Adopts! is strictly prohibited. ALL RIGHTS RESERVED.

Links to Third Party Content

Canadaadopts.com contains links to third-party web sites owned and operated by separate entities and therefore not under the control of Canada Adopts! Canada Adopts! is not responsible for the contents of any linked site. Any links provided in canadaadopts.com are provided for your interest or convenience and do not constitute or imply any endorsement or advocacy by Canada Adopts! of such linked site.

Privacy Policy

Your privacy is important to you, and it’s important to Canada Adopts! Canada Adopts! will not share your e-mail address or other personally identifiable information about you without your consent except that Canada Adopts! reserves the right to cooperate fully with local, provincial and federal officials in any investigation relating to any content provided by you (including personal or private electronic communication transmitted on or through canadaadopts.com) or possibly unlawful activities that may involve your participation. Further, Canada Adopts! may publish on canadaadopts.com information and photographs provided by you to Canada Adopts! in connection with you being listed in the waiting parent registry.

No Solicitation

Canadaadopts.com and the information contained herein does not constitute an offer or a solicitation of an offer of its services.

Disclaimer and Limitation of Liability

Canada Adopts! is providing this web site, canadaadopts.com, and any related services on an “AS IS, AS AVAILABLE” basis to users. You use canadaadopts.com and the related services at your own risk. Neither Canada Adopts! nor any of its officers, directors, employees, agents, third-party suppliers, sponsors, licensors, or the like, makes any representation or warranty, either express or implied, to you (a) that canadaadopts.com or the related services will be uninterrupted or error-free, (b) as to the results that may be obtained from the use of canadaadopts.com or the related services, or (c) as to the accuracy, timeliness or completeness of any information, resources, materials, content or service provided on or through canadaadopts.com.

CANADA ADOPTS! MAKES AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO canadaadopts.com, ITS CONTENT, OR ANY OTHER MATERIALS, INFORMATION, RESOURCES, OR SERVICES PROVIDED DIRECTLY OR INDIRECTLY BY CANADA ADOPTS! IN CONNECTION WITH THE USE OF canadaadopts.com OR RELATED SERVICES, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

To the maximum extent permitted by applicable law, under no circumstances will Canada Adopts! or any other party involved in creating, producing, or distributing canadaadopts.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use canadaadopts.com or related services, including but not limited to reliance by you on any information, resources, materials or services obtained from or through canadaadopts.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, including without limitation those that result from acts of God, communications failure, theft, destruction, or unauthorized access to Canada Adopts! records, programs, or services.

Indemnification

You agree to indemnify and hold Canada Adopts! and its and their parents, subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable lawyers’ or licensees’ fees, made by any third party due to or arising out of your use of canadaadopts.com or related service, the violation of these Terms of Use by you or the infringement by you, of any intellectual property or other right of any person or entity.

Applicable and Governing Law

The laws of the Province of Ontario, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of canadaadopts.com or related services. You also hereby submit to the exclusive jurisdiction and venue of the Superior Court of the Province of Ontario, in the Judicial District of York, with respect to such matters. Users of canadaadopts.com acknowledge that they are responsible for complying with all laws applicable within their jurisdiction. This web site is not intended to be accessed in any jurisdiction where the information or services provided herein are prohibited. By accepting the terms and conditions of this web site a visitor attests that the information and services provided on this web site are not prohibited in their jurisdiction.

Modifications

Canada Adopts! may modify these Terms of Use from time to time in its sole discretion. Each time you log on to canadaadopts.com, you should review these terms of use. Your continued use of the site after modifications have been posted will be deemed to be your acceptance of any such changes.

Termination

Canada Adopts! reserves the right, at its sole discretion, to suspend or terminate the website, or any service provided thereon or these terms of use at any time without notice and without liability to you or any third party. Canada Adopts! reserves the right, at its sole discretion, to suspend or terminate the website, or any service provided thereon or these terms of use at any time without notice and without liability to you or any third party. Refunds for listings in the Waiting Parent Registry are available — provided they are requested before work begins. No refunds are available afterwards and partial refunds are not available for unused time. Listings expire a year from the date they are uploaded to the Registry.

MISCELLANEOUS

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, 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 Use 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 Use or to exercise any right under the Terms of Use 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.

Canada Adopts! may assign its rights and obligations under these Terms of Use and upon such assignment Canada Adopts! may be relieved of any further obligation hereunder. You may not assign any of your rights or obligations arising under these Terms of Use without the prior written consent of Canada Adopts!

These Terms of Use constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.

Contact Us

If you have any questions about any of the above, contact us by e-mail at info@canadaadopts.com.

© Canada Adopts Inc., 2001. ALL RIGHTS RESERVED

I HAVE READ THE TERMS OF USE AND DISCLAIMER SET OUT ABOVE AND I AGREE TO THEM.
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