Terms of Service

Terms of Service is an agreement which governs the rules and regulations of use Adoption-Share website and its services.

ADOPTIVE PARENT
Please Read These Terms of Service Carefully Before Using This Site. By using this site, you acknowledge your assent (agreement), without modification or limitation, to these Terms of Service (“TOS”). If you do not agree to all of these Terms of Service, you may not access, view, obtain goods or services from, or otherwise use the website www.adoption-share.com, a product of Adoption-Share, a non profit tax exempt organization.

SERVICE LIMIT OF WEBSITE: Adoption-Share is an online (web-based) adoption media non profit organization providing a forum in which a social network of members, making up participants within the adoption community, may support one another on their individual adoption journeys. Included within the service provided is the opportunity to make a unique profile, store and manage your adoption paperwork, publish, post, and host your family profiles. Adoption-Share is not nor seeks to be an adoption facilitator, a licensed child placement agency or law firm. Acting as a third party service to meet your adoption needs, Adoption-Share does not provide legal advice, representation, counseling, home studies, or any other adoption related paperwork and or services to birthparents, adoptive parents, prospective adoptive parents, attorneys, and or licensed adoption agencies. Adoption-Share simply hosts a forum in which networking with other members of the adoption community may occur. Adoption-Share is neither a facilitator nor a licensed adoption agency and does not match or facilitate adoptions.

ELIGIBILITY: By registering as an adoptive parent on this site, you are attesting that you are at least twenty five (25) years old, have completed a home study or home study update by a licensed child placement agency in the state that you live in, that the home study is current (relevant to the current year), that you have not been convicted of a felony after your home study or home study update was completed and/or are not required to register as a sex offender with any government entity; and that you are not unable to enter legally binding contracts or have been or are currently suspended or banned members. Although Adoption-Share does not conduct criminal records checks on registered users at this time, it does however, reserve the right to terminate your membership at any time without any refund if it becomes known through conducting searches of its own, that you have a criminal history, and are or will register to become a sex offender. Your agreement to the Terms of Service grants Adoption-Share permission to perform these random checks from time to time with or without your knowledge. You further understand that Adoption-Share is NOT obligated to verify submitted information or to conduct criminal background checks, though Adoption-Share retains the right to do so. By becoming a registered user, you are certifying that you are an adoptive parent that has met all the requirements to adopt a child by the state in which you reside and you hereby authorize and give consent to Adoption-Share to qualify your membership on www.adoption-share.com at any time. You are also asserting that you are a legal citizen of the United States. Upon registration, you may choose to complete a family profile. Completion of the family profile is not mandatory. Be advised that your membership and participation does not guarantee that you will connect with a licensed adoption entity for the purposes of adopting a child. You acknowledge that you may or may not be contacted by a licensed adoption entity for the purposes of connecting you with an adoption situation. By registering on this site, you understand that Adoption-Share makes no promise that the community will generate adoption situations as a result of establishing a paid membership and or completing the brief questionnaire. When signing up for our Services, you authorize Adoption-Share, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.

SERVICE AGREEMENT AND USE OF SITE: This Site is made available by Adoption-Share, a non profit, tax exempt organization. These Terms of Service apply to all visits to the Site both now and in the future. The term "User" refers to you as an “authorized” member of www.adoption-share.com. The term “authorized” refers to a successful registration as an adoptive parent user on this site which includes the completion of all required informational fields and payment for membership having been received in full. The term “adoption situation” refers to a birthparent(s) working exclusively with a licensed adoption entities for the purpose of formulating an adoption plan. By registering on this site you are agreeing to the following:
Private Use: Adoption-Share agrees to provide you membership to www.adoption-share.com for the pricing amounts stipulated on www.adoption-share.com for your personal use only. Your authorized access to utilize the Site is for you and or your adopting partner alone. You are not authorized to allow others to use your account. You may not make transfer of your account to another person or entity. By registering on this Site you acknowledge that Adoption-Share is not responsible for misuse of your account by a third party as a result from theft or stealing of your user name and password. When you sign up for Services with Adoption-Share, you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You will not disclose your password to any third party. You agree not to use the account, username, or password of another User.
You furthermore agree to create one (1) unique profile and no more than one (1). Areas of Service: Adoption-Share makes its site and services therein for use in the United States. As such, you agree to utilize the Site in compliance with these Terms of Service and all applicable laws. Content Provided. You are solely responsible for and assume all liability regarding (a) all content you submit to the Site including but not limited to your own personally uploaded adoption paperwork, your family profile, and your private or public correspondence with other members of the Site. Your profile information is intended solely to facilitate your ability to network on www.adoption-share.com and subsequently act on adoption situations. You agree not to export or market your profile information or the profile information of other users in any other venue. (i) Adoption Paperwork uploaded from your personal computer must be true to its original form having not been doctored or altered in anyway. Your attestation to the validity of adoption paperwork will be through your acceptance of these Terms of Service. (a) As the sole proprietor of your personal adoption paperwork you acknowledge the sensitive information contained within your documents include but are not limited to your home study, home study update, medical reports, recommendation from fertility doctor, lab work, etc. Adoption-Share encourages the cautious distribution of such documents to agencies and attorneys you designate. (b) By “sharing” your personal adoption paperwork with an adoption agency or attorney, you acknowledge that you cannot control the way and manner in which your information is used. You acknowledge that Adoption-Share is not responsible for how and to whom you disseminate your personal paperwork. (c) Adoption-Share provides only the mechanism through which information may be exchanged and in no way guarantees or makes promises regarding the protection of your personal information. (d) By sharing your adoption information with registered adoption agencies and attorneys who have an authorized membership, you are choosing to share at your own risk. Adoption-Share does not guarantee the authenticity of such claims as to the status of a registered adoption agency and or attorney.
(ii) You are responsible for content uploaded and shared within your family profile. You acknowledge that by completing a user profile on www.adoption-share.com you will be granting access for those registered as birthparents, genetic parents, other adoptive parents, adoption agencies, and or adoption attorneys to view your family profiles and to furthermore, print and distribute to persons or entities outside the Site in an effort to match you with a prospective adoption situation. You understand you are NOT permitted to use statements or sentences within your family profile that would imply you want to adopt a child or embryo. You agree to hold harmless Adoption-Share for any misuse that could result from your completion of a family profile. Adoption-Share encourages users to be cautious in revealing personal information about themselves and their family members. Adoption-Share further prohibits users to not solicit personal identifying information including but not limited to your personal address, telephone number, social security number, employment information, last name etc. (iii) You are responsible for all correspondence generated by you to other registered members of the Site. (iv) You agree to not provide misleading or false information about yourself and will make Adoption-Share aware of any information that may have changed since your initial registration. (v) Furthermore Adoption-Share and its affiliates do not claim ownership of the materials you provide to Adoption-Share (including feedback and suggestions) or post, upload, input or submit to any Adoption-Share or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Adoption-Share, its affiliated companies and necessary sublicenses a non-exclusive, worldwide, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Adoption-Share is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Adoption-Share’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. (vi) Adoption-Share does not and cannot review all communications and materials posted to or created by users accessing the Site, and thereby is not in any manner responsible for the Content of these communications and materials. However, Adoption-Share reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Adoption-Share in its sole discretion. Assumption of Risk: As a registered member of this Site, you agree to assume all risks including but not limited to correspondence and other forms of interactions with others either on or off of the Site and adopting a child. You agree to use caution when entering into formal or informal relationships with other members. Adoption-Share does not act as neither an agency nor facilitator. Your membership fee only permits you to take part in an online community in and from which your participation may or may not result in the successful placement of a child. Adoption-Share encourages all users to proceed with caution in any and all situations that may lead to an adoption. Furthermore Adoption-Share makes no guarantee or warranty that the potential adoption situations that may be shared by a licensed adoption agency or attorney from time to time are accurate. All adoption situations shared on this Site are strictly on an “as is” basis and users must use their own judgment when deciding whether or not to extend further communication regarding a possible adoption situation.
No Guarantees: Adoption-Share does not guarantee or make promise of the following: that adoption of a child or children will occur, the number or frequency of site wide broadcasts, the number or frequency of licensed adoption entities contacting you for an available situation or compatibility of an adoption situation or birthparent. The user must be informed that payment for membership on this Site does not mean that they will be matched, introduced, or otherwise connected with a birthparent for the purposes of adopting a child. Adoption-Share does not guarantee sales, services sold or rendered, hiring of agencies or attorneys, etc. Removal of User Content: Adoption-Share reserves the right to remove content created within the site if it is found to be racist, bigoted, hateful, promoting violence, threatening, defamatory, abusive, obscene, profane, sexually explicit in nature, infringes on another person’s copyrighted content without having obtained permission first, contains media of another person without their knowledge and permission (and in case of a minor, the permission of the legal guardian), intends to deceive other users, promotes illegal activities, contains destructive material that compromises the functionality of the site (viruses, Trojan horses, etc.), does not pertain to the topic at hand or appears to be irrelevant, promotes support for a political or religious belief system, misrepresents themselves, deceives viewers, makes advertisement for gambling or is itself a form or method for gambling, distributes another person’s information without having first obtained his or her permission, is used for spamming, spimming, phishing, trolling, or other related activities, and or advertises to other users, encouraging them in any way to buy or sell any products through the Site, and publishing any statement directly or indirectly informing the community that you want to adopt a child or embryo. You understand that Adoption-Share is NOT obligated to remove user-submitted information (“Submissions”), though Adoption-Share retains the right to do so.

In order to maintain the integrity of the Adoption-Share site, we continue to monitor the eligibility of adoptive parents. If we are not able to verify that you have had an approved home study or that your home study is still current, within ten (10) business days, then you may be removed from the site at our discretion with no refunds.

COPYRIGHT INFORMATION: All items on this Site except for Submissions are copyrighted by Adoption-Share, its agents, employees, officers, subsidiaries, members, or affiliates. These copyrights include, but are not limited to, text, pictures, media, and graphics, including Adoption- Share badges; the design and layout of the Site; the selection, arrangement, and presentation of all materials; data compilations; and software. You are prohibited from copying, reproducing, distributing, republishing, modifying, uploading, posting, or transmitting any of these copyrighted materials without prior written permission of Adoption-Share. You also may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice appearing on any of Adoption-Share's copyrighted materials. Except as otherwise expressly provided for in these Terms of Service, your access and/or use of the Site does not transfer or convey to you any right or license in any of Adoption-Share's intellectual property, whether by implication, estoppel, or any other legal or equitable theory.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE: In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe that your copyrighted work is being infringed on the Site, please notify Adoption-Share at info@adoption-share.com. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: 1) A description of the copyrighted work claimed to have been infringed;
2) A description of the infringing material and information reasonably sufficient to permit Adoption-Share to locate the material, including the location of the infringing material on the Site; 3) Your contact information, including your name, mailing address, telephone number, and email address; 4) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5) A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and 6) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

DIGITAL MILLENNIUM COPYRIGHT ACT COUNTER NOTIFICATION: If your material has been removed from the Site pursuant to the Digital Millennium Copyright Act and you believe that it should be reinstated, you must file a counter notification with us at info@adoption-share.com. Your counter notification must be in writing and must include the following information: 1) Identification of the material that has been removed from the Site or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
2) A statement that you swear, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 3) Your contact information, including your name, mailing address, and telephone number; 4) A statement you consent to the jurisdiction of the Federal District Court for the judicial district in which your mailing address is located (or the Federal District Court for Brunswick, Georgia if your mailing address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 7 U.S.C. § 512(c)(1)(C) or an agent of such person; and 5) Your physical or electronic signature. Please note that pursuant to 17 U.S.C. § 512, you will need to designate a copyright agent to handle and receive the DMCA notices and counter notifications. This agent can be yourself, someone within your company, or an attorney. The agent’s name and contact information must be registered with the United States Copyright Office. The designation form can be downloaded online at
http://www.copyright.gov/onlinesp/and http://www.copyright.gov/onlinesp/agent.pdf. The designation form also requires an $105.00 fee, payable to the Register of Copyrights. Once you have designated an agent, you must promptly remove any infringing material on your website if your designated agent is issued a proper DMCA notice by a copyright owner or a person authorized to act on the owner’s behalf. A proper DMCA notice includes #1 through #6 above from the “Notice” section. After complying with a proper DMCA notice, you must then notify the third-party poster that the posted material has been removed. The third-party poster then has the option to provide your
designated agent with a counter notification, which must include everything listed in #1 through
#5 above from the “Counter Notification” section. If a proper counter notification is received by your designated agent, you must send a copy of that counter notification to the person that provided the original DMCA notice and also inform that person that you will replace the removed material or cease disabling access to it in 10 business days if you choose to reinstate the material.

TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED: All Adoption-Share trademarks, service marks, logos, domain names, or other corporate identifications (collectively “the Marks”), including the Adoption-Share logo, may not be used except with the express written permission of Adoption-Share. You agree that the Marks may not be used in any manner that 1) disparages or discredits Adoption-Share or the Site or 2) is likely to cause consumer confusion. You also agree that this Site may contain trademarks, service marks, names, logos, and other corporate identifications of third parties who have authorized their use on this Site only, and these third-party marks may not be used publicly without the express written permission of the owners or holders of those marks.

SOFTWARE AND LICENSE: All software tools utilized within the Site (“Software Tools”) are proprietary tools of Adoption-Share. Upon the successful completion of your membership registration, you are granted a limited, non-assignable license to use the Software Tools to communicate, network, share information, and act on an Adoption Situation, or to use the Site in a manner permitted under these Terms of Service. You may not copy, reproduce, duplicate, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software Tools or any part of the Software Tools, unless this is expressly permitted or required by law. You also may not redistribute the Software Tools without the express written permission of Adoption-Share.

USER INFORMATION: Privacy Statement: Please see Privacy Statement located on www.adoption-share.com. Your registration as an authorized user gives consent to the Terms of Service set forth in the Privacy Statement of Adoption-Share. Adoption-Share is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. Adoption-Share does not disclose or release personal or financial information about you except what is necessary to process your request for assistance. Mandated Reporter: You understand and give consent for Adoption-Share to disclose information to law enforcement and or government entities should Adoption-Share suspect your submitted content reflects an instance of abuse including but not limited to an elder, child, and or spouse. Disclosure By Law: Adoption-Share may disclose information you provide if required to do so by law. Your registration provides consent for Adoption-Share to make such disclosures. You give up your right to be notified if such disclosure must take place.

LINKS TO/FROM THIRD PARTY SITES: This Site contains links to third party sites. User accesses these sites at User's own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. Adoption-Share provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Adoption-Share of the websites. Adoption-Share provides links to third party sites for a matter of convenience and does not endorse or accepts responsibility for the content on a third party web site. Adoption-Share is not responsible or liable for damages incurred as a result of engaging in any formal or informal transactions with the third party web site. Any third party desiring to link to the Site must link to the Site’s homepage located at www.adoption-share.com.

NO ENDORSEMENT: Descriptions of, or references to, products, services or publications/broadcasts in the Site does not imply endorsement of that product, service or publication. Adoption-Share makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. This no endorsement clause furthermore pertains to any possible notifications that may be generated upon completion of the user’s profile. Adoption-Share does not endorse any agency or attorney registered as an authorized user on the Site or any birthparent or genetic donor who may establish a complimentary profile.

EXCLUSION OF WARRANTY ADOPTION-SHARE AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. ADOPTION-SHARE AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ADOPTION-SHARE WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER ADOPTION-SHARE NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM ADOPTION-SHARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. BETA FEATURES: INFREQUENTLY, ADOPTION-SHARE MAY OFFER NEW FEATURES TO EXPERIMENT ITS EFFECTIVENESS AND FUNCTIONALITY THROUGH A BETA FEATURE. SUCH FEATURES ARE FOR EXPERIMENTATION ONLY AND DO NOT COME WITH A WARRANTY OF ANY KIND AND MAY BE ALTERED OR DISCONTINUED AT ADOPTION-SHARE’S SOLE DISCRETION. GENERAL RELEASE IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASES ADOPTION-SHARE AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THESE TERMS OF SERVICE, AND THAT WITHOUT SUCH WAIVER, THESE TERMS OF SERVICE WOULD NOT HAVE BEEN ENTERED INTO BY ADOPTION-SHARE.

LIMITATION OF LIABILITY ADOPTION-SHARE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. ADOPTION-SHARE IS ALSO NOT RESPONSIBLE FOR ANY LOSS ATTRIBUTED TO ITS FAILURE TO PROVIDE TIMELY REMINDERS TO OUR USERS.

IN NO EVENT SHALL ADOPTION-SHARE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR THE CONTENT FOUND HEREIN, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR (II) THE PERFORMANCE OR NON-PERFORMANCE BY ADOPTION-SHARE OR ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION, OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO THE PARTY OR ANY OTHER PART.

YOU UNDERSTAND THAT ADOPTION-SHARE IS NOT RESPONSIBLE FOR CIRCUMSTANCES OUTSIDE OF ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, TECHNICAL GLITCHES WITHIN THE SOFTWARE, ACTIONS OF THIRD PARTIES OR OTHER REGISTERED USERS, NATURAL DISASTERS, ETC.

FURTHERMORE, YOU AGREE AND ACKNOWLEDGE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADOPTION-SHARE WILL NOT BE HELD LIABLE FOR ANY DAMAGES THAT MAY RESULT EITHER DIRECTLY OR
INDIRECTLY, PERTAINING TO OR NOT PERTAINING TO YOUR PERSONAL CONDUCT OR THE CONDUCT OF ANOTHER INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS AND BODILY INJURY.

INDEMNIFICATION: User agrees to indemnify and hold harmless Adoption-Share at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these Terms of Service by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You furthermore agree to indemnify Adoption-Share for anything related to the use of the website.

COMMUNICATION AND COMPLAINTS: Adoption-Share reserves the right to use your email address to send you messages notifying you of important changes to the services offered within the Site. Adoption-Share may furthermore contact you via telephone in order to further communicate with you about services provided within the Site. Please refer to the Privacy Statement found on www.adoption-share.com to review your options should you not want to be contacted by email or telephone. Complaints regarding the functionality and services offered within the Site may be directed via email to info@adoption-share.com. Your submission of a complaint does not guarantee that it will ever be resolved to your satisfaction.

TERMS OF SERVICE EFFECTIVE DATE: Upon registration of your membership on www.adoption-share.com the conditions provided within these Terms of Service is effective immediately until you terminate your membership with Adoption-Share. TERMINATION Termination may be initiated by Adoption-Share should you be found to be in violation of any one or more of the following: (a) Failure to use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use Adoption-Share’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. (b) Harvesting or collecting email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;(c) transmitting "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, or "spam”;(d) soliciting passwords or personal identifying information from other Users; (e) using the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site; (f) circumventing or modifying, or attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of this Site; (g)that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; (h) harassing or advocate harassment of another person or User; (i) providing any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site; (j) posting or otherwise making available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, violent, invasive of privacy or publicity rights, offensive, racist, of a bigotry nature, or demonstrating hatred or physical harm of any kind against any group or individual;(k) furthering or promoting any criminal activity or enterprise or provide any information about illegal activities; (l) involving commercial activities and/or sales without prior written consent from us such as advertising, contests, sweepstakes or any solicitation of donations; (m) displaying an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us; (n) registering for more than one Member account or register for a Member account on behalf of another individual, group or entity; (o) impersonating any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity; (p) including a photograph or video of another person that you have posted without that person's consent;(q) posting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (r) using or attempting to use another's account without authorization from us;(s) violating any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies; (t) failing to make payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; (u) failing to deliver items sold by you, unless the buyer fails to meet the posted Terms of Service, or you cannot authenticate the buyer's identity; (v) manipulating the price of any item or interfere with other users' listings;(w)circumventing or manipulating our fee structure, the billing process, or fees owed to Adoption-Share; (x)taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Adoption-Share); (y) transferring your Adoption-Share member account (including feedback) and User ID to another party without our consent; (z) exporting or re-exporting any Adoption-Share tools except in compliance with the export control laws of any relevant jurisdictions;(aa) copying, modifying or distributing rights or content from the Adoption-Share sites, service or tools or Adoption-Share’s copyrights and trademarks; or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (bb) violating federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. (cc) violating the anti-discrimination provision of the Immigration and Nationality Act; (dd) disrupting the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. (We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.); (ee) publishing public or private statements that either directly or indirectly inform other members that you want to adopt a child or embryo; (ff) offering to pay money or other items of value in exchange for adopting a child or embryo. Termination may also be initiated by you at any time following these stipulations. You may terminate your membership with us at any time by following the instructions outlined in this section. To cancel your subscription to Adoption-Share, go to “settings” at the top right hand corner of the page. Click on “delete account” under “My Settings”. By clicking the confirmation button to delete account, your account will end immediately. You must log into PayPal and cancel automatic payments to Adoption-Share. To complete this step: Log in to your PayPal account. Click Profile at the top of the page. Click My Money, then click Update beside My preapproved payments to find your payment. Select the payment, and then click Cancel. Upon clicking “end my subscription” you may be asked to complete a short survey. Completion of this survey is not mandatory but would assist Adoption-Share in providing quality services. If paying for a month to month membership, the billing cycle ends on the last day of the month you terminate your membership with Adoption-Share. If you have purchased a 6 month or year membership, you will not be refunded or reimbursed for terminating your account prior to the end of your subscription. Non active accounts (accounts that have not been renewed) will be automatically closed. In the event of termination of your service agreement, sections: Exclusion Of Warranty, Limitation Of Liability, Indemnification, Removal of User Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.

FEES AND SERVICES: The Fees Schedule is outlined on the “Pricing” page and is incorporated herein. Unless otherwise stated, this service is free. In order to maintain the integrity of the Adoption-Share site, we continue to monitor the eligibility of adoptive parents. If we are not able to verify that you have had an approved home study or that your home study is still current, within ten (10) business days, then you may be removed from the site at our discretion with no refunds.

TRANSACTION DISCLAIMER: Adoption-Share is only providing a social networking service for the adoption community. Hence, we are not involved in any transaction between any parties who use the Site. Please use caution, common sense, and engage in safe practices when using our Site.

VIOLATION OF TERMS OF SERVICE AND LIQUIDATED DAMAGES: Please report any violations of the Terms of Service, by flagging the posting(s) for review, or by emailing to: info@adoption-share.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Adoption-Share to pursue legal action to enforce these Terms of Service, you will be liable to pay Adoption-Share the following amount as liquidated damages, which you accept as reasonable estimates of Adoption-Share’s damages for the specified breaches of these Terms of Service: Any action of a user that causes the shutdown of the site, albeit temporary or permanent; any action of a user that results in a proven loss of integrity to the site; and further, any action of a user that results in physical or emotional harm to any member of the site are subject to paying damages at a minimum of $100,000 not to exceed $300,000. Otherwise, you agree to pay Adoption-Share's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Service, Adoption-Share’s retains the right to seek the remedy of specific performance of any term contained in these Terms of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Service, or any combination thereof. Conversely, should the user find Adoption-Share responsible to any user for any reason whatsoever, Adoption-Share’s responsibility shall be limited to the amounts actually paid by such user for the services rendered. The user shall not be compensated for any other costs including but not limited to punitive damages or consequential or resulting damages of any nature.

DISPUTES: Adoption-Share is only an online social networking site in which members of the adoption community may interact with one another for the purposes of adoption related services. We do not represent any user or involve in any transaction and we do not arbitrate disputes. It is prudent that users and other registered users who may request a fee for a service, perform their own due diligence before conducting a transaction.

USERS/SOLICITOR PROTECTION: The Site may function as an online marketplace where: (1) Adoption-Share may sell the user membership to access and utilize the products identified on www.adoption-share.com and (2) Adoption Agencies and Adoption Attorneys may sell applications to users wanting to be considered for an adoption situation and (3) whereby users may purchase memberships to access and utilize the products identified on www.adoption-share.com and (4) whereby users may purchase applications to be considered in a potential adoption situation. In providing the services, Adoption-Share only provides the venue for users and solicitors to find and engage in a transaction. Adoption-Share is not involved in any transaction, and does not handle payments, guarantee transactions, provide escrow services, or offer "buyer protection" or "seller certification" for any third party transaction that could be facilitated through this Site. We have no liability in any transaction between a user and solicitor, even if the solicitor is another member of the Site. We do not offer any buyer/user protection with regard to fraud, mislabeled items, broken items, illegal items etc. We do not provide seller’s/licensed adoption agency’s or attorney’s and or advertiser’s protection in terms of escrow services. Although we would make commercially reasonable efforts to make smooth transactions between buyers/users and sellers/ licensed adoption agencies or attorneys and or advertisers, transacting parties acknowledge that Adoption-Share DOES NOT provide any buyer and/ seller protection and should NOT be held liable for any adverse claims thereto.

GENERAL PROVISIONS: Controlling Law and Jurisdiction. As the user, you agree that Georgia law will govern these Terms of Service, the Site and the Services provided therein. Any dispute that may arise out of the use of the Site and/or its services will be exclusively under the jurisdiction, authority and venue of American Arbitration Association appointed as the arbitration panel with hearings to be held in Brunswick, Georgia. As the user, you understand and agree that any violations of this Terms of Service could cause very real harm to Adoption-Share and thus acknowledge that Adoption-Share will be entitled to seek extraordinary relief in court. Miscellaneous: Adoption-Share 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 our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Adoption-Share cannot be held liable if we fail to notify you. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Service, including all terms, conditions, and policies that are incorporated into these Terms of Service by reference, constitute the entire agreement between you and Adoption-Share and govern your use of the Site, superseding any prior agreements that you may have with us. These Terms of Service shall be construed in accordance with the laws of the State of Georgia, and the parties irrevocably consent to bring any action to enforce these Terms of Service before an arbitration panel named herein as American Arbitration Association with any hearings to be held in Brunswick, Georgia and judgement upon the award rendered may be entered in any court having jurisdiction thereof for any and all disputes. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.

TYPOGRAPHICAL ERRORS: In the event that membership to Adoption-Share is mistakenly listed at an incorrect price, Adoption-Share reserves the right to refuse, cancel, or change any orders placed for product listed at the incorrect price. Adoption-Share is not responsible for typographical or photographical errors. Adoption-Share reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged

EMAIL NEWSLETTER & SURVEYS: This Site may contain online contests and surveys. Contests are solely to generate user interest. The surveys are for informational purposes and primarily contain sets of ‘multiple choice’ questions. Participation in such contest and surveys is voluntary.

ELECTRONIC SIGNATURE: From time to time within the Services provided within the Site, your electronic signature may be requested. Your registration as an authorized member on our site is your acknowledgement and agreement to provide your electronic signature when requested.

NO PARTNERSHIP OR AGENCY: User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Adoption-Share as a result of use of the Site.

COMPLIANCE WITH STATE AND FEDERAL LAWS: Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws. Adoption-Share makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited. You are responsible for obeying the laws of the state in which you reside as they pertain to a.) publishing a public family profile b.) participating/using Adoption-Share as a member. You recognize that Adoption-Share is neither a facilitator nor licensed adoption entity and may not assist in the placement or matching of a child for the purposes of adoption.

ACKNOWLEDGEMENT: By your use of this Site, you agree that: You have read, understood and agreed to abide by all of the Terms of Service contained in this Agreement and the Privacy Policy, which includes those Terms of Service expressly set out and those incorporated by reference; Adoption–Share reserves the right to change the Terms of Service at any time. Continued use of the website will constitute acceptance of the revised Terms of Service, and that only major or significant changes will be e-mailed to users, while minor changes will simply be posted to the website.
YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.CONTACT US If you would like to request additional information regarding these Terms of Service, please contact us at info@adoption-share.com

ADOPTIVE AGENCY AND ATTORNEYS
Please Read These Terms of Service Carefully Before Using This Site. By using this site, you acknowledge your assent (agreement), without modification or limitation, to these Terms of Service (“TOS”) . If you do not agree to all of these Terms of Service, you may not access, view, obtain goods or services from, or otherwise use the website www.adoption-share.com, a product of Adoption-Share, a non profit tax exempt organization.

SERVICE LIMIT OF WEBSITE: Adoption-Share is an online (web-based) adoption media non profit organization providing a forum in which a social network of members, making up participants within the adoption community, may support one another on their individual adoption journeys. Included within the service provided is the opportunity to make a unique profile of your agency, store and manage adoption paperwork, and access family profiles of only qualified adoptive parents. Adoption-Share is not nor seeks to be an adoption facilitator, a licensed child placement agency or law firm. Acting as a third party service to meet your adoption needs, Adoption-Share does not provide legal advice, representation, counseling, home studies, or any other adoption related paperwork and or services to birthparents, adoptive parents, prospective adoptive parents, attorneys, and or licensed adoption agencies. Adoption-Share simply hosts a forum in which networking with other members of the adoption community may occur.

ELIGIBILITY: By registering as an adoption agency or attorney on this site, you are attesting that you are an authorized employee of a licensed child placement agency and or are an attorney who is licensed in the state(s) in which you practice and that you are at least eighteen years old. You must be a legal citizen of the United States. You are attesting that your agency or law firm or any of its subsidiaries that may exist in one or more states is in good standing meaning that there has been your organization has not incurred fines and other penalties as a result of not meeting the necessary state requirements of your entity’s license. You are also attesting that you are current employee of the licensed child placement agency or law firm and are not in any way unable to enter legally binding contracts or have been or are currently suspended or banned members. Upon termination from your employment, your access to the site within a licensed child placement agency or attorney user account is immediately to be terminated. Adoption-Share reserves the right to periodically authenticate your employment status within the specified licensed agency or law firm. Although Adoption-Share does not conduct criminal records checks on registered users at this time, it does however, reserve the right to terminate your membership at any time without any refund if it becomes known through conducting searches of its own, that your establishment has engaged in a crime or felony or has employed either in the past or present a person who is a registered sex offender or will register to become a sex offender. You further understand that Adoption-Share is NOT obligated to verify submitted information or to conduct criminal background checks, though Adoption-Share retains the right to do so. By becoming a registered user, you are certifying that you are a licensed adoption agency or licensed attorney that has met all the requirements of the state or states you are licensed in and you hereby authorize and give consent to Adoption-Share to qualify your membership on www.adoption-share.com at any time. You are further asserting that you are establishment is a legally established entity in the United States. When signing up for our Services, you authorize Adoption-Share, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources. In order to maintain the integrity of the Adoption-Share site, we continue to monitor the eligibility of licensed adoption agencies. If we are not able to verify within ten (10) business days from the date you create an account, that you do not have a current license to place children and or that you have failed to meet the requirements defined in this section, then you may be removed from the site at our discretion with no refunds.

SERVICE AGREEMENT AND USE OF SITE: This Site is made available by Adoption-Share, a non profit tax exempt organization. These Terms of Service apply to all visits to the Site both now and in the future. The term "User" refers to you as an “authorized” member of www.adoption-share.com. The term “authorized” refers to a successful registration as a licensed adoption agency or attorney user on this site which includes the completion of all required informational fields and payment for membership having been received in full. The term “adoption situation” refers to a birthparent(s) working exclusively with a licensed adoption entities for the purpose of formulating an adoption plan. The term “Primary Membership” refers to the individual to whom is representing the agency in subscribing to the site. The term “Secondary Membership” refers to individual(s) who may access the site but are not the account creators. The term “Sponsor” refers to the name given to an agency that is supervising a birthparent’s interaction with the site by maintaining frequent contact. By registering on this site you are agreeing to the following: Private Use: Adoption-Share agrees to provide you membership to www.adoption-share.com for the pricing amounts stipulated on www.adoption-share.com for your personal agency use only. Your authorized access to utilize the Site is for you alone. You are not authorized to allow others to use your account. You may not make transfer of your account to another person or entity. By registering on this Site you acknowledge that Adoption-Share is not responsible for misuse of your account by a third party as a result from theft or stealing of your user name and password. When you sign up for Services with Adoption-Share, you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You will not disclose your password to any third party. You agree not to use the account, username, or password of another User. If you are the primary person specified on your Adoption-Share agency or attorney account, you may create (1) unique profile of your agency or legal business and no more than one (1). If your membership is secondary to a primary membership you may not create any profile for or on behalf of your agency or firm. Areas of Service: Adoption-Share makes its site and services therein for use in the United States. As such, you agree to utilize the Site in compliance with these Terms of Service and all applicable laws. Content Provided. You are solely responsible for and assume all liability regarding (a) all content you submit to the Site including but not limited to your own personally uploaded adoption paperwork, your agency or establishment’s profile, and your private or public correspondence with other members of the Site. Your profile information is intended solely to facilitate your ability to network on www.adoption-share.com and subsequently exercise your rights and privileges as a licensed entity to find a suitable qualifying adoptive parent for an adoption situation and should you be approached, to offer appropriate services to registered birthparent, adoptive parent, and or other licensed adoption agencies and attorneys. You agree not to export or market your profile information or the profile information of other users in any other venue, with the exception of an adoptive parent’s family profile, for which you may present to birthparent(s) for the purpose of establishing a match initiated by you the licensed child placement agency or attorney. (i) Adoption Paperwork uploaded from your personal computer must be true to its original form having not been doctored or altered in anyway. Your attestation to the validity of adoption paperwork will be evident by your acceptance of these Terms of Service. (a) As the proprietor of adoption paperwork generated by your agency or establishment you acknowledge that the sensitive information contained within your uploaded or shared documents include but are not limited to your agency application, adoption situation brief, home study, home study update, medical reports, recommendation from fertility doctor, lab work, etc. Adoption-Share encourages the cautious distribution of such documents. (b) By having an adoptive family “share” their personal adoption paperwork with you, you acknowledge that you will not print, reproduce, and or save to your own personal computer or storage device (hard drive, jump drive, CD, floppy disk, etc.) without the written consent of the adoptive parents. By uploading documents into agency profile you are acknowledging that Adoption-Share is not responsible for how and to whom you disseminate your personal paperwork, nor how it is utilized. (c) You acknowledge that Adoption-Share provides only the mechanism through which information may be exchange and in no way guarantees or makes promises regarding the protection of your uploaded information. (d) By choosing to “share” your agency’s adoption information with other registered users who have an authorized membership, you are choosing to share at your own risk. Adoption-Share does not guarantee the authenticity of such claims as to the status of a registered adoption agency and or attorney, adoptive parent, or birthparent. (ii) You are responsible for content uploaded and shared within your agency profile. You acknowledge that by completing a user profile on www.adoption-share.com you will be granting access for those registered as birthparents, genetic donors, adoption agencies, and or adoption attorneys to view your agency profile. You agree to hold harmless Adoption-Share, for any misuse that could result from your completion of an agency profile. Adoption-Share encourages users to be cautious in revealing information about themselves, their agencies, and possible adoption situations. Adoption-Share further cautions users to not solicit personal identifying information including but not limited to your personal address, telephone number, social security number, employment information, etc. You are permitted to share the address, telephone number, e-mails, and other relevant information for registered users to contact your agency. (iii) You are responsible for all correspondence generated by you to other registered members of the Site. (iv) You agree to not provide misleading or false information about yourself, your agency, or an adoption situation you choose to share with other users. The only exception to this rule, is that in providing a brief or summary to interested adoptive parents in adoption situations, you NOT solicit any identifying information on the birthparents you are working with nor any information that could compromise their whereabouts. You are furthermore prohibited from soliciting any cost or fee in association with an adoptive situation. You will make Adoption-Share aware of any information that may have changed since your initial registration.
(v) You agree to act as a sponsor if selected by a birthparent and as such may contact them from time to time to provide your services. You understand that becoming an agency sponsor to a birthparent is completely dependent on their selection of your agency. If it is reported that you or your agency are harassing a birthparent, Adoption-Share reserves the right to cancel your membership without refund. (vi) Furthermore Adoption-Share and its affiliates do not claim ownership of the materials you provide to Adoption-Share (including feedback and suggestions) or post, upload, input or submit to any Adoption-Share or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Adoption-Share, its affiliated companies and necessary sublicenses a non-exclusive, worldwide, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Adoption-Share is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Adoption-Share’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. (vi) Adoption-Share does not and cannot review all communications and materials posted to or created by users accessing the Site, and thereby is not in any manner responsible for the Content of these communications and materials. However, Adoption-Share reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Adoption-Share in its sole discretion. Assumption of Risk: As a registered member of this Site, you agree to assume all risks including but not limited to correspondence and other forms of interactions with others either on or off of the Site and placing a child for adoption. You agree to use caution when entering into formal or informal relationships with other members. Adoption-Share does not act as either an agency or facilitator. Your membership fee only permits you to take part in an online community in and from which your participation may or may not result in the successful placement of a child you are representing. Adoption-Share encourages all users to proceed with caution in any and all situations that may lead to an adoption. Furthermore Adoption-Share makes no guarantee or warranty that the potential adoption situations that may be shared by another licensed adoption agency or attorney from time to time are accurate, nor information shared to you by adoptive parents (home study, home study update, medical references, criminal background checks, etc.) are accurate. All adoption situations and adoption paperwork owned by and shared by adoptive parents on this Site are strictly on an “as is” basis and users must use their own judgment when deciding whether or not to extend further communication regarding a possible adoption situation.

No Guarantees: Adoption-Share does not guarantee or make promise of the following: that adoption of a child or children will occur, the number of qualified adoptive parents that meet your search parameters, and or compatibility of an adoption situation or birthparent to an adoptive parent. The user must be informed that payment for membership on this Site does not guarantee that they will be matched, introduced, or otherwise connected with adoptive parents for the purposes of placing a child for adoption. Adoption-Share does not guarantee sales, services sold or rendered, hiring of agencies or attorneys, etc. Removal of User Content: Adoption-Share reserves the right to remove content created within the site if it is found to be racist, bigoted, hateful, promoting violence, threatening, defamatory, abusive, obscene, profane, sexually explicit in nature, infringes on another person’s copyrighted content without having obtained permission first, contains media of another person without their knowledge and permission (and in case of a minor, the permission of the legal guardian), intends to deceive other users, promotes illegal activities, contains destructive material that compromises the functionality of the site (viruses, Trojan horses, etc.), does not pertain to the topic at hand or appears to be irrelevant, promotes support for a political or religious belief system, misrepresents themselves, deceives viewers, makes advertisement for gambling or is itself a form or method for gambling, distributes another person’s information without having first obtained his or her permission, is used for spamming, spimming, phishing, trolling, or other related activities, and or advertises to other users, encouraging them in any way to buy or sell any products through the Site; and posting a fee in association with an adoption situation. You understand that Adoption-Share is NOT obligated to remove user-submitted information (“Submissions”), though Adoption-Share retains the right to do so.

COPYRIGHT INFORMATION: All items on this Site except for Submissions are copyrighted by Adoption-Share, its agents, employees, officers, subsidiaries, members, or affiliates. These copyrights include, but are not limited to, text, pictures, media, and graphics, including Adoption-Share badges; the design and layout of the Site; the selection, arrangement, and presentation of all materials; data compilations; and software. You are prohibited from copying, reproducing, distributing, republishing, modifying, uploading, posting, or transmitting any of these copyrighted materials without prior written permission of Adoption-Share. You also may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice appearing on any of Adoption-Share's copyrighted materials. Except as otherwise expressly provided for in these Terms of Service, your access and/or use of the Site does not transfer or convey to you any right or license in any of Adoption-Share's intellectual property, whether by implication, estoppel, or any other legal or equitable theory.

DIGITAL MILLENNIUM COPYRIGHT NOTICE: In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe that your copyrighted work is being infringed on the Site, please notify Adoption-Share at info@adoption-share.com. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:1) A description of the copyrighted work claimed to have been infringed;
2) A description of the infringing material and information reasonably sufficient to permit Adoption-Share to locate the material, including the location of the infringing material on the Site; 3) Your contact information, including your name, mailing address, telephone number, and email address; 4) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5) A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and 6) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

DIGITAL MILLENNIUM COPYRIGHT ACT COUNTER NOTIFICATION: If your material has been removed from the Site pursuant to the Digital Millennium Copyright Act and you believe that it should be reinstated, you must file a counter notification with us at info@adoption-share.com. Your counter notification must be in writing and must include the following information: 1) Identification of the material that has been removed from the Site or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
2) A statement that you swear, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
3) Your contact information, including your name, mailing address, and telephone number; 4) A statement you consent to the jurisdiction of the Federal District Court for the judicial district in which your mailing address is located (or the Federal District Court for Brunswick, Georgia if your mailing address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person; and 5) Your physical or electronic signature.
Please note that pursuant to 17 U.S.C. § 512, you will need to designate a copyright agent to handle and receive the DMCA notices and counter notifications. This agent can be yourself, someone within your company, or an attorney. The agent’s name and contact information must be registered with the United States Copyright Office. The designation form can be downloaded online at http://www.copyright.gov/onlinesp/ and http://www.copyright.gov/onlinesp/agent.pdf. The designation form also requires an $105.00 fee, payable to the Register of Copyrights. Once you have designated an agent, you must promptly remove any infringing material on your website if your designated agent is issued a proper DMCA notice by a copyright owner or a person authorized to act on the owner’s behalf. A proper DMCA notice includes #1 through above from the “Notice” section. After complying with a proper DMCA notice, you must then notify the third-party poster that the posted material has been removed. The third-party poster then has the option to provide your designated agent with a counter notification, which must include everything listed in #1 through #5 above from the “Counter Notification” section. If a proper counter notification is received by your designated agent, you must send a copy of that counter notification to the person that provided the original DMCA notice and also inform that person that you will replace the removed material or cease disabling access to it in 10 business days if you choose to reinstate the material.

TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED: All Adoption-Share trademarks, service marks, logos, domain names, or other corporate identifications (collectively “the Marks”), including the Adoption-Share logo, may not be used except with the express written permission of Adoption-Share. You agree that the Marks may not be used in any manner that 1) disparages or discredits Adoption-Share or the Site or 2) is likely to cause consumer confusion. You also agree that this Site may contain trademarks, service marks, names, logos, and other corporate identifications of third parties who have authorized their use on this Site only, and these third-party marks may not be used publicly without the express written permission of the owners or holders of those marks.

SOFTWARE AND LICENSE: All software tools utilized within the Site (“Software Tools”) are proprietary tools of Adoption-Share. Upon the successful completion of your membership registration, you are granted a limited, non-assignable license to use the Software Tools to communicate, network, share information, and act on an Adoption Situation, or to use the Site in a manner permitted under these Terms of Service. You may not copy, reproduce, duplicate, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software Tools or any part of the Software Tools, unless this is expressly permitted or required by law. You also may not redistribute the Software Tools without the express written permission of Adoption-Share.

USER INFORMATION: Privacy Statement: Please see Privacy Statement located on www.adoption-share.com. Your registration as an authorized user gives consent to the terms set forth in the Privacy Statement of Adoption-Share. Adoption-Share is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. Adoption-Share does not disclose or release personal or financial information about you except what is necessary to process your request for assistance. Mandated Reporter: You understand and give consent for Adoption-Share to disclose information to law enforcement and or government entities should Adoption-Share suspect your submitted content reflects an instance of abuse including but not limited to an elder, child, and or spouse. Disclosure By Law: Adoption-Share may disclose information you provide if required to do so by law. Your registration provides consent for Adoption-Share to make such disclosures. You give up your right to be notified if such disclosure is required by law.

LINKS TO/FROM THIRD PARTY SITES: This Site contains links to third party sites. User accesses these sites at User's own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. Adoption-Share provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Adoption-Share of the websites. Adoption-Share provides links to third party sites for a matter of convenience and does not endorse or accepts responsibility for the content on a third party web site. Adoption-Share is not responsible or liable for damages incurred as a result of engaging in any formal or informal transactions with the third party web site. Any third party desiring to link to the Site must link to the Site’s homepage located at www.adoption-share.com.
NO ENDORSEMENT: Descriptions of, or references to, products, services or publications/broadcasts in the Site does not imply endorsement of that product, service or publication. Adoption-Share makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. This no endorsement clause furthermore pertains to any possible qualified parents that may be generated upon completion of specific search parameters. Adoption-Share does not endorse any adoptive parent or other licensed child placement agency or attorney registered as an authorized user on the Site or any birthparent or genetic donor who may establish a complimentary profile.

EXCLUSION OF WARRANTY: ADOPTION-SHARE AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. ADOPTION-SHARE AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ADOPTION-SHARE WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER ADOPTION-SHARE NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM ADOPTION-SHARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. BETA FEATURES: INFREQUENTLY, ADOPTION-SHARE MAY OFFER NEW FEATURES TO EXPERIMENT ITS EFFECTIVENESS AND FUNCTIONALITY THROUGH A BETA FEATURE. SUCH FEATURES ARE FOR EXPERIMENTATION ONLY AND DO NOT COME WITH A WARRANTY OF ANY KIND AND MAY BE ALTERED OR DISCONTINUED AT ADOPTION-SHARE’S SOLE DISCRETION. GENERAL RELEASE: IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASES ADOPTION-SHARE AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THESE TERMS OF SERVICE, AND THAT WITHOUT SUCH WAIVER, THESE TERMS OF SERVICE WOULD NOT HAVE BEEN ENTERED INTO BY ADOPTION-SHARE.

ADOPTION-SHARE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. ADOPTION-SHARE IS ALSO NOT RESPONSIBLE FOR ANY LOSS ATTRIBUTED TO ITS FAILURE TO PROVIDE TIMELY REMINDERS TO OUR USERS.

IN NO EVENT SHALL ADOPTION-SHARE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR THE CONTENT FOUND HEREIN, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR (II) THE PERFORMANCE OR NON-PERFORMANCE BY ADOPTION-SHARE OR ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION, OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO THE PARTY OR ANY OTHER PARTY. YOU UNDERSTAND THAT ADOPTION-SHARE IS NOT RESPONSIBLE FOR CIRCUMSTANCES OUTSIDE OF ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, TECHNICAL GLITCHES WITHIN THE SOFTWARE, ACTIONS OF THIRD PARTIES OR OTHER REGISTERED USERS, NATURAL DISASTERS, ETC. FURTHERMORE, YOU AGREE AND ACKNOWLEDGE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADOPTION-SHARE WILL NOT BE HELD LIABLE FOR ANY DAMAGES THAT MAY RESULT EITHER DIRECTLY OR INDIRECTLY, PERTAINING TO OR NOT PERTAINING TO YOUR PERSONAL CONDUCT OR THE CONDUCT OF ANOTHER INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS AND BODILY INJURY.

INDEMNIFICATION: User agrees to indemnify and hold harmless Adoption-Share at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these Terms of Service by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You furthermore agree to indemnify Adoption-Share for anything related to the use of the website.
COMMUNICATION AND COMPLAINTS Adoption-Share reserves the right to use your email address to send you messages notifying you of important changes to the services offered within the Site. Adoption-Share may furthermore contact you via telephone in order to further communicate with you about services provided within the Site. Please refer to the Privacy Statement found on www.adoption-share.com to review your options should you not want to be contacted by email or telephone. Complaints regarding the functionality and services offered within the Site may be directed via email to info@adoption-share.com. Your submission of a complaint does not guarantee that it will ever be resolved to your satisfaction.

TERM EFFECTIVE DATE: Upon registration of your membership on www.adoption-share.com the conditions provided within these Terms of Service is effective immediately until you terminate your membership with Adoption-Share.
TERMINATION: Termination may be initiated by Adoption-Share should you be found to be in violation of any one or more of the following: (a) Failure to using the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use Adoption-Share’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. (b) Harvesting or collecting email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;(c) transmitting "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, or "spam”;(d) soliciting passwords or personal identifying information from other Users; (e) using the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site; (f) circumventing or modifying, or attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of this Site; (g)that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; (h) harassing or advocate harassment of another person or User; (i) providing any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site; (j) posting or otherwise making available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, violent, invasive of privacy or publicity rights, offensive, racist, of a bigotry nature, or demonstrating hatred or physical harm of any kind against any group or individual;(k) furthering or promoting any criminal activity or enterprise or provide any information about illegal activities; (l) involving commercial activities and/or sales without prior written consent from us such as advertising, contests, sweepstakes or any solicitation of donations; (m) displaying an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us; (n) registering for more than one Member account or register for a Member account on behalf of another individual, group or entity; (o) impersonating any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity; (p) including a photograph or video of another person that you have posted without that person's consent;(q) posting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (r) using or attempting to use another's account without authorization from us;(s) violating any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies; (t) failing to make payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; (u) failing to deliver items sold by you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; (v) manipulating the price of any item or interfere with other users' listings;(w)circumventing or manipulating our fee structure, the billing process, or fees owed to Adoption-Share; (x)taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Adoption-Share); (y) transferring your Adoption-Share member account (including feedback) and User ID to another party without our consent; (z) exporting or re-exporting any Adoption-Share tools except in compliance with the export control laws of any relevant jurisdictions;(aa) copying, modifying or distributing rights or content from the Adoption-Share sites, service or tools or Adoption-Share’s copyrights and trademarks; or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (bb) violating federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. (cc) violating the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. (dd) disrupting the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. (We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.) (ee) posting a fee in association with an adoption situation.
Termination may also be initiated by you at any time following these stipulations. You may terminate your membership with us at any time by following the instructions outlined in this section. To terminate your membership, you must go to “settings” at the top right hand corner of the page. Click on “delete account” under “My Settings”. By clicking the confirmation button to delete account, your account will end immediately. Upon termination your account, you may be asked to complete a short survey. Completion of this survey is not mandatory but would assist Adoption-Share in providing quality services. The billing cycle ends on the last day of the month you terminate your membership with Adoption-Share. Non active accounts (accounts that have not been renewed) will be automatically closed. In the event of termination of your service agreement, sections: Exclusion Of Warranty, Limitation Of Liability, Indemnification, Removal of User Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.

FEES AND SERVICES: The Fees Schedule is outlined on the “Pricing” page and is incorporated herein. Unless otherwise stated, all fees are quoted in U.S. Dollars. At this time there is no fee for this service for licensed adoption agencies and attorneys. You are responsible for paying all charges applicable to your Service. In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed by Adoption-Share. Prices are subject to change. In order to maintain the integrity of the Adoption-Share site, we continue to monitor the eligibility of licensed adoption agencies. If we are not able to verify within ten (10) business days from the date you create an account, that you do not have a current license to place children and or that you have failed to meet the requirements defined in this section, then you may be removed from the site at our discretion with no refunds.

TRANSACTION DISCLAIMER: Adoption-Share is only providing a social networking service for the adoption community. Hence, we are not involved in any transaction between any parties who use the Site. Please use caution, common sense, and engage in safe practices when using our Site.

PAYMENT SYSTEM: Payments between User and Adoptive Parents Payment methods: Visa, MasterCard, Discover, and PayPal are all acceptable forms of payment for your membership within Adoption-Share. Any payments made between Site Users and adoption agencies and attorneys outside of the Site's online network are not under the control or jurisdiction of this Site. This Site will not refund any payments made to Site Users outside of the Site's online network. If you make a payment to an adoption agency or attorney and believe you are entitled to a refund of all or a portion of this payment amount, your sole recourse is to contact the licensed adoption agency or attorney directly and attempt to negotiate and obtain a refund from this licensed adoption agency or attorney.
Payments to Adoption-Share Authorization To Credit And Debit Accounts. The Adoption-Share Payment Service requires User to pay with a credit cards (Visa, MasterCard, and or Discover), PayPal or debit card (backed by Visa, MasterCard, or Discover). You irrevocably and expressly authorize Adoption-Share to credit any monies to the account that you have identified for Adoption-Share. You irrevocably and expressly authorize Adoption-Share to withhold any monies and/or debit any monies from any account that you have identified to Adoption-Share for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to Adoption-Share. We reserve our rights to all actions and remedies in connection with any monies owed to Adoption-Share. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.

VIOLATION OF TERMS OF SERVICE AND LIQUIDATED DAMAGES: Please report any violations of the TOS, by flagging the posting(s) for review, or by emailing to: info@adoption-share.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Adoption-Share to pursue legal action to enforce these Terms of Service, you will be liable to pay Adoption-Share the following amounts as liquidated damages, which you accept as reasonable estimates of Adoption-Share’s damages for the specified breaches of these Terms of Service: Any action of a user that causes the shutdown of the site, albeit temporary or permanent; any action of a user that results in a proven loss of integrity to the site; and further, any action of a user that results in physical or emotional harm to any member of the site are subject to paying damages at a minimum of $100,000 not to exceed $300,000. Otherwise, you agree to pay Adoption-Share's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Service, Adoption-Share’s retains the right to seek the remedy of specific performance of any term contained in these Terms of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Service, or any combination thereof. Conversely, should the user find Adoption-Share responsible to any user for any reason whatsoever, Adoption-Share’s responsibility shall be limited to the amounts actually paid by such user for the services rendered. The user shall not be compensated for any other costs including but not limited to punitive damages or consequential or resulting damages of any nature.

DISPUTES: Adoption-Share is only an online social networking site in which members of the adoption community may interact with one another for the purposes of adoption related services. We do not represent any user or involve in any transaction and we do not arbitrate disputes. It is prudent that users and other registered users who may request a fee for a service, perform their own due diligence before conducting a transaction.

USERS/SOLICITOR PROTECTION: The Site may function as an online marketplace where: (1) Adoption-Share may sell the user membership to access and utilize the products identified on www.adoption-share.com and (2) Adoption Agencies and Adoption Attorneys may sell applications to adoptive parent users wanting to be considered for an adoption situation and (3) whereby users may purchase memberships to access and utilize the products identified on www.adoption-share.com and (4) whereby adoptive parent users may purchase applications to be considered in a potential adoption situation. In providing the services, Adoption-Share only provides the venue for users and solicitors to find and engage in a transaction. Adoption-Share is not involved in any transaction, and does not handle payments, guarantee transactions, provide escrow services, or offer "buyer protection" or "seller certification" for any third party transaction that could be facilitated through this Site. We have no liability in any transaction between a user and solicitor, even if the solicitor is another member of the Site. We do not offer any buyer/user protection with regard to fraud, mislabeled items, broken items, illegal items etc. We do not provide seller’s/licensed adoption agency’s or attorney’s and or advertiser’s protection in terms of escrow services. Although we would make commercially reasonable efforts to make smooth transactions between buyers/users and sellers/ licensed adoption agencies or attorneys and or advertisers, transacting parties acknowledge that Adoption-Share DOES NOT provide any buyer and/ seller protection and should NOT be held liable for any adverse claims thereto.

GENERAL PROVISIONS: Controlling Law and Jurisdiction. As the user, you agree that Georgia law will govern these Terms of Service, the Site and the Services provided therein. Any dispute that may arise out of the use of the Site and/or its services will be exclusively under the jurisdiction, authority and venue of American Arbitration Association appointed as the arbitration panel with hearings to be held in Brunswick, Georgia. As the user, you understand and agree that any violations of this Terms of Service could cause very real harm to Adoption-Share and thus acknowledge that Adoption-Share will be entitled to seek extraordinary relief in court.
Miscellaneous: Adoption-Share 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 our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Adoption-Share cannot be held liable if we fail to notify you. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Service, including all terms, conditions, and policies that are incorporated into these Terms of Service by reference, constitute the entire agreement between you and Adoption-Share and govern your use of the Site, superseding any prior agreements that you may have with us. These Terms of Service shall be construed in accordance with the laws of the State of Georgia, and the parties irrevocably consent to bring any action to enforce these Terms of Service before an arbitration panel named herein as American Arbitration Association with any hearings to be held in Brunswick, Georgia and judgement upon the award rendered may be entered in any court having jurisdiction thereof for any and all disputes. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.

TYPOGRAPHICAL ERRORS: In the event that membership to Adoption-Share is mistakenly listed at an incorrect price, Adoption-Share reserves the right to refuse, cancel, or change any orders placed for product listed at the incorrect price. Adoption-Share is not responsible for typographical or photographical errors. Adoption-Share reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

EMAIL NEWSLETTER & SURVEYS: This Site may contain online contests and surveys. Contests are solely to generate user interest. The surveys are for informational purposes and primarily contain sets of ‘multiple choice’ questions. Participation in such contest and surveys is voluntary.

ELECTRONIC SIGNATURE: From time to time within the Services provided within the Site, your electronic signature may be requested. Your registration as an authorized member on our site is your acknowledgement and agreement to provide your electronic signature when requested.
NO PARTNERSHIP OR AGENCY: User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Adoption-Share as a result of use of the Site.
COMPLIANCE WITH STATE AND FEDERAL LAWS: Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws. Adoption-Share makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited. You are responsible for obeying the laws of the state in which you reside as they pertain to a.) publishing a public agency profile b.) participating/using Adoption-Share as a member c)broadcasting an adoption situation to qualified adoptive parents. You recognize that Adoption-Share is neither a facilitator nor licensed adoption entity and may not assist in the placement or matching of a child for the purposes of adoption.

ACKNOWLEDGEMENT: By your use of this Site, you agree that:
You have read, understood and agreed to abide by all of the Terms of Service contained in this Agreement and the Privacy Policy, which include these Terms of Service expressly set out and those incorporated by reference;
Adoption–Share reserves the right to change the Terms of Service at any time. Continued use of the website will constitute acceptance of the revised Terms of Service, and that only major or significant changes will be e-mailed to users, while minor changes will simply be posted to the website.
YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT , INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT .
CONTACT US: If you would like to request additional information regarding these Terms of Service, please contact us at info@adoption-share.com.

BIRTHPARENT AND GENETIC PARENTS
Please Read These Terms of Service Carefully Before Using This Site.
By using this site, you acknowledge your assent (agreement), without modification or limitation, to these Terms of Service (“TOS”). If you do not agree to all of these Terms of Service, you may not access, view, obtain goods or services from, or otherwise use the website www.adoption-share.com, a product of Adoption-Share, a non profit tax exempt organization.
SERVICE LIMIT OF WEBSITE Adoption-Share is an online (web-based) adoption media non profit organization providing a forum in which a social network of members, making up participants within the adoption community, may support one another on their individual adoption journeys. Included within the service provided is the opportunity to make a unique profile, journal your thoughts and feelings throughout your journey, and browse family profiles of qualified adoptive parents. Adoption-Share is not nor seeks to be an adoption facilitator, a licensed child placement agency or law firm. Acting as a third party service to meet your adoption needs, Adoption-Share does not provide legal advice, representation, counseling, home studies, or any other adoption related paperwork and or services to birthparents, adoptive parents, prospective adoptive parents, attorneys, and or licensed adoption agencies. Adoption-Share simply hosts a forum in which networking with other members of the adoption community may occur.

ELIGIBILITY By registering as a birth parent or genetic donor on this site, you are attesting that you are at least eighteen (18) years old, live in the United States, and in fact have legal rights and claims to a child (born or unborn) that you are considering placing for adoption.
Although Adoption-Share does not conduct criminal records checks on registered users at this time, it does however, reserve the right to terminate your membership at any time without any refund if it becomes known through conducting searches of its own, that you have a criminal history, and are or will register to become a sex offender with any government entity; and that you are not unable to enter legally binding contracts or have been or are currently suspended or banned members. You further understand that Adoption-Share is NOT obligated to verify submitted information or to conduct criminal background checks, though Adoption-Share retains the right to do so.
By becoming a registered user, you are certifying that you are a birthparent or genetic donor interested in choosing adoption for your born or unborn child. You agree to allow Adoption-Share to qualify your membership on adoption-share.com at any time.
By registering on this site, you understand that Adoption-Share makes no promise that use of the site through an established membership will result in you connecting with a licensed adoption agency and or qualified adoptive parents.

When signing up for our Services, you authorize Adoption-Share, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.

SERVICE AGREEMENT AND USE OF SITE This Site is made available by Adoption-Share, a non profit tax exempt organization . These Terms of Service apply to all visits to the Site both now and in the future. The term "User" refers to you as an “authorized” member of www.adoption-share.com. The term “authorized” refers to a successful registration as a birthparent or genetic donor user on this site which includes the completion of all required informational fields and payment for membership having been received in full. The term “sponsor” refers to the user who registers under “birthparent” to elect an agency to check in with you from time to time if you choose to utilize more of the site. You understand that to have more access to the site, you must elect a licensed child placement agency to supervise your interactions.
By registering on this site you are agreeing to the following:Private Use: Adoption-Share agrees to provide you membership to www.adoption-share.com for the pricing amounts stipulated on www.adoption-share.com for your personal use only. Your authorized access to utilize the Site is for you alone. You are not authorized to allow others to use your account. You may not make transfer of your account to another person or entity. By registering on this Site you acknowledge that Adoption-Share is not responsible for misuse of your account by a third party as a result from theft or stealing of your user name and password. When you sign up for Services with Adoption-Share, you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You will not disclose your password to any third party. You agree not to use the account, username, or password of another User.You furthermore agree to create one (1) unique profile and no more than one (1). Areas of Service: Adoption-Share makes its site and services therein for use in the United States. As such, you agree to utilize the Site in compliance with these Terms of Service and all applicable laws.
Content Provided. You are solely responsible for and assume all liability regarding (a) all content you submit to the Site including but not limited to your own personally uploaded material, your profile, and your private or public correspondence with other members of the Site. Your profile information is intended solely to facilitate your ability to network on www.adoption-share.com and subsequently meet agencies, attorneys, other birthparents, and adoptive parents. You agree not to export or market your profile information or the profile information of other users in any other venue. (b) Adoption-Share provides only the mechanism through which information may be exchange and in no way guarantees or makes promises regarding the protection of your personal information. (c) By contacting other registered members on the Site you are choosing to do so at your own risk. Adoption-Share does not guarantee the authenticity of such claims as to the status of a registered adoption agency and or attorney or adoptive parent.
(ii) You are responsible for content uploaded and shared within your profile. You may NOT publish either public or private posts to other users that you have a child or embryo(s) that you wish to place for adoption. You may NOT request money for any reason from other members of Adoption-Share. You agree to hold harmless Adoption-Share for any misuse that could result from your completion of a profile. Adoption-Share encourages users to be cautious in revealing personal information about themselves and their family members. Adoption-Share further cautions users to not solicit personal identifying information including but not limited to your personal address, telephone number, social security number, employment information, etc. (iii) You are responsible for all correspondence generated by you to other registered members of the Site. (iv) You agree to not provide misleading or false information about yourself and will make Adoption-Share aware of any information that may have changed since your initial registration.
(v) You acknowledge that to access the site in its entirety that you will be required to select an agency sponsor. Agency’s eligible to be your sponsor on the site must be members of the site already. You may utilize your agency sponsor for more information on a qualified adoptive parent(s), receive support, counseling, and other services rendered by such licensed adoption entities. (vi) Furthermore Adoption-Share and its affiliates do not claim ownership of the materials you provide to Adoption-Share (including feedback and suggestions) or post, upload, input or submit to any Adoption-Share or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Adoption-Share, its affiliated companies and necessary sublicenses a non-exclusive, worldwide, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Adoption-Share is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Adoption-Share’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. (vi) Adoption-Share does not and cannot review all communications and materials posted to or created by users accessing the Site, and thereby is not in any manner responsible for the Content of these communications and materials. However, Adoption-Share reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Adoption-Share in its sole discretion.
Assumption of Risk: As a registered member of this Site, you agree to assume all risks including but not limited to correspondence and other forms of interactions with others either on or off of the Site and placing a child (born or unborn) with an adoptive parent. You agree to use caution when entering into formal or informal relationships with other members. Adoption-Share does not act as either an agency or facilitator. Your membership only permits you to take part in an online community in and from which your participation may or may not result in the successful placement of your child. Adoption-Share encourages all users to proceed with caution in any and all situations that may lead to an adoption. Furthermore Adoption-Share makes no guarantee or warranty that the potential adoptive parents, their family profiles, or the profiles of licensed child placement agencies are accurate. All information shared on this Site is strictly on an “as is” basis and users must use their own judgment when deciding whether or not to extend further communication regarding working with a privately licensed adoption agency, attorney, and or adoptive parents.
No Guarantees: Adoption-Share does not guarantee or make promise of the following: that the placement of your born or unborn child will occur, the number of qualified adoptive parents that meet your search parameters, or compatibility of an adoptive parent or agency. The user must be informed that a free membership on this Site does not mean that they will be introduced, or otherwise connected with an agency, attorney, or adoptive parent(s). Adoption-Share does not guarantee sales, services sold or rendered, hiring of agencies or attorneys, etc.
Removal of User Content: Adoption-Share reserves the right to remove content created within the site if it is found to be racist, bigoted, hateful, promoting violence, threatening, defamatory, abusive, obscene, profane, sexually explicit in nature, infringes on another person’s copyrighted content without having obtained permission first, contains media of another person without their knowledge and permission (and in case of a minor, the permission of the legal guardian), intends to deceive other users, promotes illegal activities, contains destructive material that compromises the functionality of the site (viruses, Trojan horses, etc.), does not pertain to the topic at hand or appears to be irrelevant, promotes support for a political or religious belief system, misrepresents themselves, deceives viewers, makes advertisement for gambling or is itself a form or method for gambling, distributes another person’s information without having first obtained his or her permission, is used for spamming, spimming, phishing, trolling, or other related activities, and or advertises to other users, encouraging them in any way to buy or sell any products through the Site, publishing either public or private posts to other users that you have a child or embryo(s) that you wish to place for adoption, and requesting money for any reason from other members of Adoption-Share. You understand that Adoption-Share is NOT obligated to remove user-submitted information (“Submissions”), though Adoption-Share retains the right to do so.

COPYRIGHT INFORMATION All items on this Site except for Submissions are copyrighted by Adoption-Share, its agents, employees, officers, subsidiaries, members, or affiliates. These copyrights include, but are not limited to, text, pictures, media, and graphics, including Adoption-Share badges; the design and layout of the Site; the selection, arrangement, and presentation of all materials; data compilations; and software. You are prohibited from copying, reproducing, distributing, republishing, modifying, uploading, posting, or transmitting any of these copyrighted materials without prior written permission of Adoption-Share. You also may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice appearing on any of Adoption-Share's copyrighted materials. Except as otherwise expressly provided for in these Terms of Service, your access and/or use of the Site does not transfer or convey to you any right or license in any of Adoption-Share's intellectual property, whether by implication, estoppel, or any other legal or equitable theory.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe that your copyrighted work is being infringed on the Site, please notify Adoption-Share at info@adoption-share.com. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: 1) A description of the copyrighted work claimed to have been infringed;
2) A description of the infringing material and information reasonably sufficient to permit Adoption-Share to locate the material, including the location of the infringing material on the Site; 3) Your contact information, including your name, mailing address, telephone number, and email address; 4) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5) A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and 6) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

DIGITAL MILLENNIUM COPYRIGHT ACT COUNTER NOTIFICATION If your material has been removed from the Site pursuant to the Digital Millennium Copyright Act and you believe that it should be reinstated, you must file a counter notification with us at info@adoption-share.com. Your counter notification must be in writing and must include the following information: 1) Identification of the material that has been removed from the Site or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
2) A statement that you swear, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
3) Your contact information, including your name, mailing address, and telephone number; 4) A statement you consent to the jurisdiction of the Federal District Court for the judicial district in which your mailing address is located (or the Federal District Court for Brunswick, Georgia if your mailing address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person; and 5) Your physical or electronic signature. Please note that pursuant to 17 U.S.C. § 512, you will need to designate a copyright agent to handle and receive the DMCA notices and counter notifications. This agent can be yourself, someone within your company, or an attorney. The agent’s name and contact information must be registered with the United States Copyright Office. The designation form can be downloaded online at http://www.copyright.gov/onlinesp/ and http://www.copyright.gov/onlinesp/agent.pdf. The designation form also requires an $105.00 fee, payable to the Register of Copyrights. Once you have designated an agent, you must promptly remove any infringing material on your website if your designated agent is issued a proper DMCA notice by a copyright owner or a person authorized to act on the owner’s behalf. A proper DMCA notice includes #1 through #6 above from the “Notice” section. After complying with a proper DMCA notice, you must then notify the third-party poster that the posted material has been removed. The third-party poster then has the option to provide your designated agent with a counter notification, which must include everything listed in #1 through
#5 above from the “Counter Notification” section. If a proper counter notification is received by your designated agent, you must send a copy of that counter notification to the person that provided the original DMCA notice and also inform that person that you will replace the removed material or cease disabling access to it in 10 business days if you choose to reinstate the material.

TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED All Adoption-Share trademarks, service marks, logos, domain names, or other corporate identifications (collectively “the Marks”), including the Adoption-Share logo, may not be used except with the express written permission of Adoption-Share. You agree that the Marks may not be used in any manner that 1) disparages or discredits Adoption-Share or the Site or 2) is likely to cause consumer confusion. You also agree that this Site may contain trademarks, service marks, names, logos, and other corporate identifications of third parties who have authorized their use on this Site only, and these third-party marks may not be used publicly without the express written permission of the owners or holders of those marks.

SOFTWARE AND LICENSE All software tools utilized within the Site (“Software Tools”) are proprietary tools of Adoption-Share. Upon the successful completion of your membership registration, you are granted a limited, non-assignable license to use the Software Tools to communicate, network, share information, and act on an Adoption Situation, or to use the Site in a manner permitted under these Terms of Service. You may not copy, reproduce, duplicate, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software Tools or any part of the Software Tools, unless this is expressly permitted or required by law. You also may not redistribute the Software Tools without the express written permission of Adoption-Share.
USER INFORMATION
Privacy Statement: Please see Privacy Statement located on www.adoption-share.com. Your registration as an authorized user gives consent to the terms set forth in the Privacy Statement of Adoption-Share. Adoption-Share is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. Adoption-Share does not disclose or release personal or financial information about you except what is necessary to process your request for assistance.
Mandated Reporter: You understand and give consent for Adoption-Share to disclose information to law enforcement and or government entities should Adoption-Share suspect your submitted content reflects an instance of abuse including but not limited to an elder, child, and or spouse.
Disclosure By Law: Adoption-Share may disclose information you provide if required to do so by law. Your registration provides consent for Adoption-Share to make such disclosures.
LINKS TO/FROM THIRD PARTY SITES This Site contains links to third party sites. User accesses these sites at User's own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. Adoption-Share provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Adoption-Share of the websites. Adoption-Share provides links to third party sites for a matter of convenience and does not endorse or accepts responsibility for the content on a third party web site. Adoption-Share is not responsible or liable for damages incurred as a result of engaging in any formal or informal transactions with the third party web site.
Any third party desiring to link to the Site must link to the Site’s homepage located at www.adoption-share.com.
NO ENDORSEMENT Descriptions of, or references to, products, services or publications/broadcasts in the Site does not imply endorsement of that product, service or publication. Adoption-Share makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. This no endorsement clause furthermore pertains to any possible qualified parents that may be generated upon completion of a site search. Adoption-Share does not endorse any agency or attorney registered as an authorized user on the Site or any birthparent or genetic donor who may establish a complimentary profile.

EXCLUSION OF WARRANTY ADOPTION-SHARE AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. ADOPTION-SHARE AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ADOPTION-SHARE WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER ADOPTION-SHARE NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM ADOPTION-SHARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. BETA FEATURES: INFREQUENTLY, ADOPTION-SHARE MAY OFFER NEW FEATURES TO EXPERIMENT ITS EFFECTIVENESS AND FUNCTIONALITY THROUGH A BETA FEATURE. SUCH FEATURES ARE FOR EXPERIMENTATION ONLY AND DO NOT COME WITH A WARRANTY OF ANY KIND AND MAY BE ALTERED OR DISCONTINUED AT ADOPTION-SHARE’S SOLE DISCRETION. GENERAL RELEASE IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASES ADOPTION-SHARE AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THESE TERMS OF SERVICE, AND THAT WITHOUT SUCH WAIVER, THESE TERMS OF SERVICE WOULD NOT HAVE BEEN ENTERED INTO BY ADOPTION-SHARE.

LIMITATION OF LIABILITY ADOPTION-SHARE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. ADOPTION-SHARE IS ALSO NOT RESPONSIBLE FOR ANY LOSS ATTRIBUTED TO ITS FAILURE TO PROVIDE TIMELY REMINDERS TO OUR USERS.

IN NO EVENT SHALL ADOPTION-SHARE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR THE CONTENT FOUND HEREIN, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR (II) THE PERFORMANCE OR NON-PERFORMANCE BY ADOPTION-SHARE OR ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION, OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO THE PARTY OR ANY OTHER PARTY.

YOU UNDERSTAND THAT ADOPTION-SHARE IS NOT RESPONSIBLE FOR CIRCUMSTANCES OUTSIDE OF ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, TECHNICAL GLITCHES WITHIN THE SOFTWARE, ACTIONS OF THIRD PARTIES OR OTHER REGISTERED USERS, NATURAL DISASTERS, ETC. FURTHERMORE, YOU AGREE AND ACKNOWLEDGE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADOPTION-SHARE WILL NOT BE HELD LIABLE FOR ANY DAMAGES THAT MAY RESULT EITHER DIRECTLY OR INDIRECTLY, PERTAINING TO OR NOT PERTAINING TO YOUR PERSONAL CONDUCT OR THE CONDUCT OF ANOTHER INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS AND BODILY INJURY.

INDEMNIFICATION:User agrees to indemnify and hold harmless Adoption-Share at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these Terms of Service by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You furthermore agree to indemnify Adoption-Share for anything related to the use of the website.

COMMUNICATION AND COMPLAINTS: Adoption-Share reserves the right to use your email address to send you messages notifying you of important changes to the services offered within the Site. Adoption-Share may furthermore contact you via telephone in order to further communicate with you about services provided within the Site. Please refer to the Privacy Statement found on www.adoption-share.com to review your options should you not want to be contacted by email or telephone. Complaints regarding the functionality and services offered within the Site may be directed via email to info@adoption-share.com. Your submission of a complaint does not guarantee that it will ever be resolved to your satisfaction.

TERM EFFECTIVE DATE: Upon registration of your membership on www.adoption-share.com the conditions provided within these Terms of Service is effective immediately until you terminate your membership with Adoption-Share.

TERMINATION:Termination may be initiated by Adoption-Share should you be found to be in violation of any one or more of the following: (a) Failure to use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use Adoption-Share’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. (b) Harvesting or collecting email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;(c) transmitting "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, or "spam”;(d) soliciting passwords or personal identifying information from other Users; (e) using the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site; (f) circumventing or modifying, or attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of this Site; (g)that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; (h) harassing or advocate harassment of another person or User; (i) providing any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site; (j) posting or otherwise making available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, violent, invasive of privacy or publicity rights, offensive, racist, of a bigotry nature, or demonstrating hatred or physical harm of any kind against any group or individual;(k) furthering or promoting any criminal activity or enterprise or provide any information about illegal activities; (l) involving commercial activities and/or sales without prior written consent from us such as advertising, contests, sweepstakes or any solicitation of donations; (m) displaying an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us; (n) registering for more than one Member account or register for a Member account on behalf of another individual, group or entity; (o) impersonating any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity; (p) including a photograph or video of another person that you have posted without that person's consent;(q) posting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (r) using or attempting to use another's account without authorization from us;(s) violating any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies; (t) failing to make payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; (u) failing to deliver items sold by you, unless the buyer fails to meet the posted Terms of Service, or you cannot authenticate the buyer's identity; (v) manipulating the price of any item or interfere with other users' listings;(w)circumventing or manipulating our fee structure, the billing process, or fees owed to Adoption-Share; (x)taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Adoption-Share); (y) transferring your Adoption-Share member account (including feedback) and User ID to another party without our consent; (z) exporting or re-exporting any Adoption-Share tools except in compliance with the export control laws of any relevant jurisdictions;(aa) copying, modifying or distributing rights or content from the Adoption-Share sites, service or tools or Adoption-Share’s copyrights and trademarks; or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (bb) violating federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. (cc) violating the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. (dd) disrupting the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. (We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.); (ee) publishing either public or private posts to other users that you have a child or embryo(s) that you wish to place for adoption; (ff) requesting money for any reason from other members of Adoption-Share. Termination may also be initiated by you at any time following these stipulations. You may terminate your membership with us at any time by following the instructions outlined in this section. To terminate your membership, you must go to “settings” at the top right hand corner of the page. Click on “delete account” under “My Settings”. By clicking the confirmation button to delete account, your account will end immediately. Upon termination your account, you may be asked to complete a short survey. Completion of this survey is not mandatory but would assist Adoption-Share in providing quality services. Non active accounts (accounts that have not been renewed) will be automatically closed. In the event of termination of your service agreement, sections: Exclusion Of Warranty, Limitation Of Liability, Indemnification, Removal of User Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.

FEES AND SERVICES: Services offered to registered birthparents and genetic donors are free.

TRANSACTION DISCLAIMER: Adoption-Share is only providing a social networking service for the adoption community. Hence, we are not involved in any transaction between any parties who use the Site. Please use caution, common sense, and engage in safe practices when using our Site.

VIOLATION OF TERMS OF SERVICE AND LIQUIDATED DAMAGES: Please report any violations of these Terms of Service, by flagging the posting(s) for review, or by emailing to: info@adoption-share.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Adoption-Share to pursue legal action to enforce these Terms of Service, you will be liable to pay Adoption-Share the following amount as liquidated damages, which you accept as reasonable estimates of Adoption-Share’s damages for the specified breaches of these Terms of Service: Any action of a user that causes the shutdown of the site, albeit temporary or permanent; any action of a user that results in a proven loss of integrity to the site; and further, any action of a user that results in physical or emotional harm to any member of the site are subject to paying damages at a minimum of $100,000 not to exceed $300,000. Otherwise, you agree to pay Adoption-Share's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Service, Adoption-Share’s retains the right to seek the remedy of specific performance of any term contained in these Terms of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Service, or any combination thereof. Conversely, should the user find Adoption-Share responsible to any user for any reason whatsoever, Adoption-Share’s responsibility shall be limited to the amounts actually paid by such user for the services rendered. The user shall not be compensated for any other costs including but not limited to punitive damages or consequential or resulting damages of any nature.

DISPUTES: Adoption-Share is only an online social networking site in which members of the adoption community may interact with one another for the purposes of adoption related services. We do not represent any user or involve in any transaction and we do not arbitrate disputes. It is prudent that users and other registered users who may request a fee for a service, perform their own due diligence before conducting a transaction.

GENERAL PROVISIONS: Controlling Law and Jurisdiction. As the user, you agree that Georgia law will govern these Terms of Service, the Site and the Services provided therein. Any dispute that may arise out of the use of the Site and/or its services will be exclusively under the jurisdiction, authority and venue of American Arbitration Association appointed as the arbitration panel with hearings to be held in Brunswick, Georgia. As the user, you understand and agree that any violations of this Terms of Service could cause very real harm to Adoption-Share and thus acknowledge that Adoption-Share will be entitled to seek extraordinary relief in court. Miscellaneous: Adoption-Share 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 our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Adoption-Share cannot be held liable if we fail to notify you. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Service, including all terms, conditions, and policies that are incorporated into these Terms of Service by reference, constitute the entire agreement between you and Adoption-Share and govern your use of the Site, superseding any prior agreements that you may have with us. These Terms of Service shall be construed in accordance with the laws of the State of Georgia, and the parties irrevocably consent to bring any action to enforce these Terms of Service before an arbitration panel named herein as American Arbitration Association with any hearings to be held in Brunswick, Georgia and judgement upon the award rendered may be entered in any court having jurisdiction thereof for any and all disputes. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.

TYPOGRAPHICAL ERRORS In the event that a product (membership, profile book, agency or attorney application fee) is mistakenly listed at an incorrect price, Adoption-Share reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Adoption-Share is not responsible for typographical or photographical errors on the site nor for third party vendors.

EMAIL NEWSLETTER & SURVEYS This Site may contain online contests and surveys. Contests are solely to generate user interest. The surveys are for informational purposes and primarily contain sets of ‘multiple choice’ questions. Participation in such contest and surveys is voluntary.

ELECTRONIC SIGNATURE From time to time within the Services provided within the Site, your electronic signature may be requested. Your registration as an authorized member on our site is your acknowledgement and agreement to provide your electronic signature when requested.
NO PARTNERSHIP OR AGENCY User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Adoption-Share as a result of use of the Site.

COMPLIANCE WITH STATE AND FEDERAL LAWS: Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws. Adoption-Share makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited. You are responsible for obeying the laws of the state in which you reside as they pertain to a.) publishing a public profile b.) participating/using Adoption-Share as a member. You recognize that Adoption-Share is neither a facilitator nor licensed adoption entity and may not assist in the placement or matching of a child for the purposes of adoption.

ACKNOWLEDGEMENT: By your use of this Site, you agree that:You have read, understood and agreed to abide by all of the Terms of Service contained in this Agreement and the Privacy Policy, which include those Terms of Service expressly set out and those incorporated by reference; Adoption–Share reserves the right to change the Terms of Service at any time. Continued use of the website will constitute acceptance of the revised Terms of Service, and that only major or significant changes will be e-mailed to users, while minor changes will simply be posted to the website.
YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT , INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT .

CONTACT US: If you would like to request additional information regarding these Terms of Service, please contact us at info@adoption-share.com


TERMS OF SERVICE FOR ADOPTION-SHARE:
NON REGISTERED SITE VISITORS
Please Read These Terms of Service Carefully Before Using This Site.
By visiting this site, you acknowledge your assent (agreement), without modification or limitation, to these Terms of Service (“TOS”). If you do not agree to all of these Terms of Service, you may not access, view, obtain goods or services from, or otherwise use the website www.adoption-share.com, a product of Adoption-Share, a non profit tax exempt organization.
SERVICE LIMIT OF WEBSITE Adoption-Share is an online (web-based) adoption media non profit organization providing a forum in which a social network of members, making up participants within the adoption community, may support one another on their individual adoption journeys.

ELIGIBILITY By visiting this site, you are attesting that you are at least eighteen (18) years old and live in the United States.

COPYRIGHT INFORMATION All items on this Site except for Submissions are copyrighted by Adoption-Share, its agents, employees, officers, subsidiaries, members, or affiliates. These copyrights include, but are not limited to, text, pictures, media, and graphics, including Adoption-Share badges; the design and layout of the Site; the selection, arrangement, and presentation of all materials; data compilations; and software. You are prohibited from copying, reproducing, distributing, republishing, modifying, uploading, posting, or transmitting any of these copyrighted materials without prior written permission of Adoption-Share. You also may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice appearing on any of Adoption-Share's copyrighted materials. Except as otherwise expressly provided for in these Terms of Service, your access and/or use of the Site does not transfer or convey to you any right or license in any of Adoption-Share's intellectual property, whether by implication, estoppel, or any other legal or equitable theory.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe that your copyrighted work is being infringed on the Site, please notify Adoption-Share at info@adoption-share.com. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
1) A description of the copyrighted work claimed to have been infringed;
2) A description of the infringing material and information reasonably sufficient to permit Adoption-Share to locate the material, including the location of the infringing material on the Site;
3) Your contact information, including your name, mailing address, telephone number, and email address;
4) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5) A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
6) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

DIGITAL MILLENNIUM COPYRIGHT ACT COUNTER NOTIFICATION If your material has been removed from the Site pursuant to the Digital Millennium Copyright Act and you believe that it should be reinstated, you must file a counter notification with us at info@adoption-share.com. Your counter notification must be in writing and must include the following information:
1) Identification of the material that has been removed from the Site or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
2) A statement that you swear, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
3) Your contact information, including your name, mailing address, and telephone number;
4) A statement you consent to the jurisdiction of the Federal District Court for the judicial district in which your mailing address is located (or the Federal District Court for Brunswick, Georgia if your mailing address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person; and
5) Your physical or electronic signature. Please note that pursuant to 17 U.S.C. § 512, you will need to designate a copyright agent to handle and receive the DMCA notices and counter notifications. This agent can be yourself, someone within your company, or an attorney. The agent’s name and contact information must be registered with the United States Copyright Office. The designation form can be downloaded online at http://www.copyright.gov/onlinesp/ and http://www.copyright.gov/onlinesp/agent.pdf. The designation form also requires an $105.00 fee, payable to the Register of Copyrights. Once you have designated an agent, you must promptly remove any infringing material on your website if your designated agent is issued a proper DMCA notice by a copyright owner or a person authorized to act on the owner’s behalf. A proper DMCA notice includes #1 through #6 above from the “Notice” section. After complying with a proper DMCA notice, you must then notify the third-party poster that the posted material has been removed. The third-party poster then has the option to provide your designated agent with a counter notification, which must include everything listed in #1 through
#5 above from the “Counter Notification” section. If a proper counter notification is received by your designated agent, you must send a copy of that counter notification to the person that provided the original DMCA notice and also inform that person that you will replace the removed material or cease disabling access to it in 10 business days if you choose to reinstate the material.

TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED All Adoption-Share trademarks, service marks, logos, domain names, or other corporate identifications (collectively “the Marks”), including the Adoption-Share logo, may not be used except with the express written permission of Adoption-Share. You agree that the Marks may not be used in any manner that 1) disparages or discredits Adoption-Share or the Site or 2) is likely to cause consumer confusion. You also agree that this Site may contain trademarks, service marks, names, logos, and other corporate identifications of third parties who have authorized their use on this Site only, and these third-party marks may not be used publicly without the express written permission of the owners or holders of those marks.

SOFTWARE AND LICENSE All software tools utilized within the Site (“Software Tools”) are proprietary tools of Adoption-Share. Upon the successful completion of your membership registration, you are granted a limited, non-assignable license to use the Software Tools to communicate, network, share information, and act on an Adoption Situation, or to use the Site in a manner permitted under these Terms of Service. You may not copy, reproduce, duplicate, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software Tools or any part of the Software Tools, unless this is expressly permitted or required by law. You also may not redistribute the Software Tools without the express written permission of Adoption-Share.
USER INFORMATION
Privacy Statement: Please see Privacy Statement located on www.adoption-share.com. Your registration as an authorized user gives consent to the terms set forth in the Privacy Statement of Adoption-Share. Adoption-Share is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. Adoption-Share does not disclose or release personal or financial information about you except what is necessary to process your request for assistance.
Mandated Reporter: You understand and give consent for Adoption-Share to disclose information to law enforcement and or government entities should Adoption-Share suspect your submitted content reflects an instance of abuse including but not limited to an elder, child, and or spouse.
Disclosure By Law: Adoption-Share may disclose information you provide if required to do so by law. Your registration provides consent for Adoption-Share to make such disclosures.
LINKS TO/FROM THIRD PARTY SITES This Site contains links to third party sites. User accesses these sites at User's own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. Adoption-Share provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Adoption-Share of the websites. Adoption-Share provides links to third party sites for a matter of convenience and does not endorse or accepts responsibility for the content on a third party web site. Adoption-Share is not responsible or liable for damages incurred as a result of engaging in any formal or informal transactions with the third party web site. Any third party desiring to link to the Site must link to the Site’s homepage located at www.adoption-share.com.
NO ENDORSEMENT Descriptions of, or references to, products, services or publications/broadcasts in the Site does not imply endorsement of that product, service or publication. Adoption-Share makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. This no endorsement clause furthermore pertains to any possible qualified parents that may be generated upon completion of a site search. Adoption-Share does not endorse any agency or attorney registered as an authorized user on the Site or any birthparent or genetic donor who may establish a complimentary profile.

EXCLUSION OF WARRANTY ADOPTION-SHARE AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. ADOPTION-SHARE AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ADOPTION-SHARE WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER ADOPTION-SHARE NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM ADOPTION-SHARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. BETA FEATURES: INFREQUENTLY, ADOPTION-SHARE MAY OFFER NEW FEATURES TO EXPERIMENT ITS EFFECTIVENESS AND FUNCTIONALITY THROUGH A BETA FEATURE. SUCH FEATURES ARE FOR EXPERIMENTATION ONLY AND DO NOT COME WITH A WARRANTY OF ANY KIND AND MAY BE ALTERED OR DISCONTINUED AT ADOPTION-SHARE’S SOLE DISCRETION.
GENERAL RELEASE IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASES ADOPTION-SHARE AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THESE TERMS OF SERVICE, AND THAT WITHOUT SUCH WAIVER, THESE TERMS OF SERVICE WOULD NOT HAVE BEEN ENTERED INTO BY ADOPTION-SHARE.

LIMITATION OF LIABILITY ADOPTION-SHARE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. ADOPTION-SHARE IS ALSO NOT RESPONSIBLE FOR ANY LOSS ATTRIBUTED TO ITS FAILURE TO PROVIDE TIMELY REMINDERS TO OUR USERS. IN NO EVENT SHALL ADOPTION-SHARE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR THE CONTENT FOUND HEREIN, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR (II) THE PERFORMANCE OR NON-PERFORMANCE BY ADOPTION-SHARE OR ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION, OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO THE PARTY OR ANY OTHER PARTY.

YOU UNDERSTAND THAT ADOPTION-SHARE IS NOT RESPONSIBLE FOR CIRCUMSTANCES OUTSIDE OF ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, TECHNICAL GLITCHES WITHIN THE SOFTWARE, ACTIONS OF THIRD PARTIES OR OTHER REGISTERED USERS, NATURAL DISASTERS, ETC. FURTHERMORE, YOU AGREE AND ACKNOWLEDGE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADOPTION-SHARE WILL NOT BE HELD LIABLE FOR ANY DAMAGES THAT MAY RESULT EITHER DIRECTLY OR INDIRECTLY, PERTAINING TO OR NOT PERTAINING TO YOUR PERSONAL CONDUCT OR THE CONDUCT OF ANOTHER INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS AND BODILY INJURY.
INDEMNIFICATION User agrees to indemnify and hold harmless Adoption-Share at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these Terms of Service by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You furthermore agree to indemnify Adoption-Share for anything related to the use of the website.
VIOLATION OF TERMS OF SERVICE AND LIQUIDATED DAMAGES Please report any violations of these Terms of Service, by flagging the posting(s) for review, or by emailing to: info@adoption-share.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Adoption-Share to pursue legal action to enforce these Terms of Service, you will be liable to pay Adoption-Share the following amount as liquidated damages, which you accept as reasonable estimates of Adoption-Share’s damages for the specified breaches of these Terms of Service:

Any action of a user that causes the shutdown of the site, albeit temporary or permanent; any action of a user that results in a proven loss of integrity to the site; and further, any action of a user that results in physical or emotional harm to any member of the site are subject to paying damages at a minimum of $100,000 not to exceed $300,000.

Otherwise, you agree to pay Adoption-Share's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Service, Adoption-Share’s retains the right to seek the remedy of specific performance of any term contained in these Terms of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Service, or any combination thereof.

Conversely, should the user find Adoption-Share responsible to any user for any reason whatsoever, Adoption-Share’s responsibility shall be limited to the amounts actually paid by such user for the services rendered. The user shall not be compensated for any other costs including but not limited to punitive damages or consequential or resulting damages of any nature.


DISPUTES Adoption-Share is only an online social networking site in which members of the adoption community may interact with one another for the purposes of adoption related services. We do not represent any user or involve in any transaction and we do not arbitrate disputes. It is prudent that users and other registered users who may request a fee for a service, perform their own due diligence before conducting a transaction.

GENERAL PROVISIONS
Controlling Law and Jurisdiction. As the user, you agree that Georgia law will govern these Terms of Service, the Site and the Services provided therein. Any dispute that may arise out of the use of the Site and/or its services will be exclusively under the jurisdiction, authority and venue of American Arbitration Association appointed as the arbitration panel with hearings to be held in Brunswick, Georgia. As the user, you understand and agree that any violations of this Terms of Service could cause very real harm to Adoption-Share and thus acknowledge that Adoption-Share will be entitled to seek extraordinary relief in court.
Miscellaneous: Adoption-Share 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 our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Adoption-Share cannot be held liable if we fail to notify you. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Service, including all terms, conditions, and policies that are incorporated into these Terms of Service by reference, constitute the entire agreement between you and Adoption-Share and govern your use of the Site, superseding any prior agreements that you may have with us. These Terms of Service shall be construed in accordance with the laws of the State of Georgia, and the parties irrevocably consent to bring any action to enforce these Terms of Service before an arbitration panel named herein as American Arbitration Association with any hearings to be held in Brunswick, Georgia and judgement upon the award rendered may be entered in any court having jurisdiction thereof for any and all disputes. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.

TYPOGRAPHICAL ERRORS In the event that a product (membership, profile book, agency or attorney application fee) is mistakenly listed at an incorrect price, Adoption-Share reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Adoption-Share is not responsible for typographical or photographical errors on the site nor for third party vendors.

NO PARTNERSHIP OR AGENCY User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Adoption-Share as a result of use of the Site.
COMPLIANCE WITH STATE AND FEDERAL LAWS Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws. Adoption-Share makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited. You are responsible for obeying the laws of the state in which you reside as they pertain to a.) publishing a public profile b.) participating/using Adoption-Share as a member. You recognize that Adoption-Share is neither a facilitator nor licensed adoption entity and may not assist in the placement or matching of a child for the purposes of adoption.

ACKNOWLEDGEMENT By your use of this Site, you agree that:
You have read, understood and agreed to abide by all of the Terms of Service contained in this Agreement and the Privacy Policy, which include those Terms of Service expressly set out and those incorporated by reference;
Adoption–Share reserves the right to change the Terms of Service at any time. Continued use of the website will constitute acceptance of the revised Terms of Service, and that only major or significant changes will be e-mailed to users, while minor changes will simply be posted to the website.
YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT , INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT .
CONTACT US: If you would like to request additional information regarding these Terms of Service, please contact us at info@adoption-share.com