TERMS AND CONDITIONS.

Last Updated June 29, 2006.

Welcome to ADOPTads, L.L.C. 

ADOPTads, L.L.C. consists of (1) its Website service at http://www.ADOPTads.com (hereinafter ADOPTads.com) and its pages contained therein, (2) its Telephone service at 1-800-9-ADOPT-1 or 1-800-923-6781, and (3) its Helpline at 1-800-790-5260. 

ADOPTads, L.L.C. provides its services to you, subject to the following Terms and Conditions ("T&C"), which may be updated from time to time without notice to you.  You can review the most current version of the T&C by returning to this screen.  In addition, when using particular ADOPTads, L.L.C. owned or operated services, you and ADOPTads, L.L.C. shall be subject to any guidelines or rules applicable to such services which may be posted from time to time.  All such guidelines or rules are hereby incorporated by reference into the T&C.  ADOPTads, L.L.C. may also offer services that are governed by additional Terms and Conditions.  For example, additional terms apply to the ADOPTads.com services such as Adoption Notification Service and Ask an Adoption Professional and additional terms apply to its Telephone service. 

ADOPTads.com website members are only permitted free use of the Telephone service to record an outgoing message that will transfer to the ADOPTads.com Website service.  ADOPTads.com Website service members may not communicate with other Telephone service members without paying additional fees.

YOU AGREE TO READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY ADOPTads, L.L.C. SERVICE, INCLUDING, BUT NOT LIMITED TO, THIS ADOPTADS.COM WEBSITE.  BY CLICKING ON THE "I AGREE TO THE TERMS AND CONDITIONS" BOX AND USING ANY SERVICE OF ADOPTads, L.L.C. YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ABIDE BY THE T&C.  IF YOU DO NOT AGREE TO THE T&C, YOU MAY NOT ACCESS OR OTHERWISE USE ANY SERVICE PROVIDED BY ADOPTads, L.L.C..

1.         Eligibility for Use.  ADOPTads, L.L.C. may refuse its service to anyone at any time in ADOPTads, L.L.C. sole and absolute discretion.  It is imperative that prospective members accurately and truthfully describe the nature of their primary business in registering to use ADOPTads, L.L.C. 

2.         Your content.  You represent and warrant that any content provided by you to ADOPTads, L.L.C. and its employees: (i) shall not be fraudulent; (ii) shall not infringe any third party`s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any law, statute, ordinance or regulation; (iv) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

3.         System Integrity.  You agree that you may not use any device, software or routine to interfere or attempt to interfere with the proper working of ADOPTads, L.L.C..  You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

4.  Ownership of ADOPTads and Information Contained Herein.  ADOPTads.com, the Telephone service, and the Helpline are all owned by ADOPTads, L.L.C.  All information, including, without limitation, text, graphics, web pages, URLs, domain names, software and all HTML, CGI and other codes and scripts in any format used to implement any ADOPTads, L.L.C. service now or in the future is the property of ADOPTads, L.L.C. or its licensors.  The content on this website is for personal use only.  You may not copy, modify, upload, download, transmit, publish, republish, or otherwise distribute any Content from this website except as expressly permitted by the T&C.  Doing so will violate ADOPTads, L.L.C. copyright, trademark and other proprietary rights.  United States Copyright Law, Trademark Law and applicable international treaties and conventions governing intellectual property law protect all Content on the website.  Any and all trademarks and trade names that ADOPTads, L.L.C. uses in connection with and on any ADOPTads, L.L.C. property now or in the future shall remain the exclusive property of ADOPTads, L.L.C.  Nothing contained in the T&C shall be deemed to give you any rights in or to any trademarks or its licensors.  You retain ownership of any Content provided by you for display on any ADOPTads, L.L.C. property, including, without limitation, text and images, but you hereby agree to provide ADOPTads, L.L.C. a revocable, nontransferable, worldwide and royalty-free license to use, copy, license, sublicense, adapt, distribute, publicly perform, display, reproduce, transmit, modify, edit and otherwise exploit any Content provided by you in all media now known or hereafter developed, in connection with the operation, marketing, display or promotion of ADOPTads, L.L.C. properties, unless otherwise agreed in writing between you and ADOPTads, L.L.C..

You hereby specifically indemnify and hold ADOPTads, L.L.C., its member-owners, and employees harmless for any intentional or unintentional act that causes you harm through your use of any ADOPTads, L.L.C. properties.

5.  Information on ADOPTads.  ADOPTads, L.L.C. properties provide information on prospective adoptive families seeking to adopt, "Pregnant Women" seeking a family for their unborn child, and parents seeking to place an already born child for adoption.  ADOPTads does not perform any independent investigations to determine the completeness, truthfulness or accuracy of such information.  ADOPTads, L.L.C. DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH ADOPTads, L.L.C..  YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, STATEMENT, ADVICE, MEMORANDUM OR INFORMATION SHALL BE AT YOUR SOLE RISK.  ADOPTads, L.L.C. reserves the right to correct any errors or omissions in any portion of any ADOPTads, L.L.C. property.  ADOPTads, L.L.C. does not and cannot review all materials and information posted to ADOPTads, L.L.C. properties by ADOPTads members, users and visitors, and ADOPTads, L.L.C. is not responsible for any such materials and information.  However, ADOPTads, L.L.C. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any information or material, in whole or in part, that in ADOPTads, L.L.C. sole discretion are objectionable or in violation of this Agreement.

6.  Links to Third-Party Sites.  The links on ADOPTads, L.L.C. properties will allow you to leave ADOPTads, L.L.C. properties even though you are not aware that you have left same.  Any third-party sites to which ADOPTads, L.L.C. may link are not under ADOPTads, L.L.C. control, and ADOPTads, L.L.C. does not assume any responsibility or liability for any information, content, communications or materials available on such linked third-party sites or for any changes or updates to such sites.  ADOPTads, L.L.C. does not intend links contained on ADOPTads, L.L.C. to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

7.  No Warranty.  THE ACCURACY AND RELIABILITY OF THE CONTENT ON ADOPTads, L.L.C. PROPERTIES IS NOT GUARANTEED.  THE CONTENT FROM OR THROUGH ADOPTads, L.L.C. IS PROVIDED "AS IS" AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  ADOPTads, L.L.C. AND ITS LICENSORS ASSUME NO LIABILITY FOR ANY ERRORS, BUGS, VIRUSES, OMISSIONS R OTHER PROBLEMS WITH THE CONTENT ON ADOPTads, L.L.C. PROPERTIES.  TO THE FULLEST EXTENT OF THE LAW, ADOPTads, L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT ON ADOPTads, L.L.C. PROPERTIES OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED OR ACCESSED THROUGH ADOPTads, L.L.C. PROPERTIES, FOR SERVICES OR HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH ADOPTads, L.L.C. PROPERTIES OR ANY FURTHER LINKED SITE.  ADOPTads, L.L.C. DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ADOPTads, L.L.C. PROPERTIES, AND OPERATION OF ADOPTads, L.L.C. PROPERTIES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ADOPTads, L.L.C. CONTROL.

8.  Limitation of Liability.  IN NO EVENT IS ADOPTads, L.L.C. LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR IN THE INABILITY TO USE, THE SERVICES ON ADOPTads, L.L.C., EVEN IF ADOPTads, L.L.C. HAS BEEN ADVISED OF THE POSSILBILITY OF SUCH DAMAGES AND YOU HEREBY WAIVE ANY SUCH CLAIMS AGAINST ADOPTads, L.L.C., ITS LICENSORS AND VENDORS AND RELEASE ADOPTads, L.L.C., ITS LICENSORS AND VENDORS FROM ALL LIABILITY ARISING OUT OF SUCH CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.  ADOPTads, L.L.C. SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER ARISING OUT OF CLAIMS OF NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABLITY, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR ANY OTHER CONDUCT WHATSOEVER.

9.  Indemnity.  You agree to indemnify, defend and hold harmless ADOPTads, L.L.C. and its owners, employees, agents, successors, officers and assigns, from any and all suits, demands, losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys` fees and paralegal fees) that ADOPTads, L.L.C. may sustain or incur, arising from or out of:  (i) your failure to comply with any applicable laws and/or regulations; (ii) your breach of any of its obligations set forth in these T&C; or (iii) your use of ADOPTads, L.L.C. properties.

10. Privacy.  ADOPTads, L.L.C. agrees to adhere to all applicable United States federal and state laws and standard practices relating to the collection and use of personal and other information from users of or visitors to ADOPTads, L.L.C. properties.

11.  General.  The T&C shall be governed by and construed in accordance with the laws of the State of New Jersey, County of Middlesex, without regard to conflict of law provisions.  You and ADOPTads, L.L.C. agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in the Middlesex County Superior Court of New Jersey.  Except as expressly stated herein, the T&C represent the entire understanding between you and ADOPTads, L.L.C. with respect to ADOPTads, L.L.C. properties.

12.  Restrictions on Use of ADOPTads, L.L.C..  Some Content on ADOPTads, L.L.C. may be subject to United States Export Controls.  No Content from ADOPTads, L.L.C. may be downloaded or otherwise exported or re-exported in violation of the Export Control Act.  By downloading the Content from ADOPTads, L.L.C., you represent and warrant that you are not located in or a national or resident of any such country.

13.  Amendments to T&C.  ADOPTads, L.L.C. reserves the right to change, suspend or discontinue any aspect of ADOPTads, L.L.C. properties at any time, including the availability of any features, database, or Content, and will provide reasonable notice of such changes on any ADOPTads, L.L.C. property.  ADOPTads, L.L.C. may also impose limits on features or restrict access to parts of ADOPTads, L.L.C. properties.  The amended terms shall be effective immediately upon posting to any ADOPTads, L.L.C. property.

14.  Breach.  ADOPTads, L.L.C. may terminate user access or suspend any user`s access to all or part of any ADOPTads, L.L.C. property without notice for any conduct that ADOPTads, L.L.C., in its sole discretion, believes violates any applicable law or is harmful to ADOPTads, L.L.C., or if such party is found to have engaged in fraudulent activity in connection with any ADOPTads, L.L.C. property.

16.  No Agency.  You and ADOPTads, L.L.C. are independent contractors, and no employee-employer, partnership, agency, joint venture or franchiser-franchisee relationship is created, or is intended to be created, by the T&C.

17.  No Resale of Service.  You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of any property of ADOPTads, L.L.C., use of any property of ADOPTads, L.L.C., or access to any property of ADOPTads, L.L.C.

18.  General Practices Regarding Use and Storage. You acknowledge that ADOPTads, L.L.C. may establish general practices and limits concerning use of ADOPTads, L.L.C. properties, including without limitation the maximum number of days that email messages or other uploaded content will be retained by an ADOPTads, L.L.C. property, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account on an ADOPTads, L.L.C. property, the maximum disk space that will be allotted to each ADOPTads, L.L.C. property member, and the maximum number of times (and the maximum duration for which) you may access an ADOPTads, L.L.C. property service in a given period of time.  You agree that ADOPTads, L.L.C. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by ADOPTads, L.L.C.  You acknowledge that ADOPTads, L.L.C. reserves the right to log off accounts that are inactive for any period of time to be determined in ADOPTads, L.L.C. sole discretion.  You further acknowledge that ADOPTads, L.L.C. reserves the right to modify these general practices and limits from time to time.

19.  Termination.  You agree that ADOPTads, L.L.C. may, under certain circumstances and without prior notice, immediately terminate your account(s) to any ADOPTads, L.L.C. property, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account on an ADOPTads, L.L.C. property includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ADOPTads, L.L.C. sole discretion and that ADOPTads, L.L.C. shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

20.  Dealings with Advertisers, Adoption Attorneys, Adoption Agencies, and Adoption Service Providers.   Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any ADOPTads, L.L.C. property, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ADOPTads, L.L.C. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on any ADOPTads, L.L.C. property.

21.  ADOPTads, L.L.C. Proprietary Rights.  You acknowledge and agree that ADOPTads, L.L.C. and any necessary software used in connection with ADOPTads, L.L.C. ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through ADOPTads, L.L.C. or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ADOPTads, L.L.C. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

ADOPTads, L.L.C. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ADOPTads, L.L.C. for use in accessing the Service.

22.  Notice.   ADOPTads, L.L.C. may provide you with notices, including those regarding changes to T&C, by either email, regular mail, or postings on any ADOPTads, L.L.C. property.  You must check the T&C for any updates and also review the horizontal text box at the top of the adoptads.com homepage for important announcements.

23.  Waiver and Severability of Terms.  The failure of ADOPTads, L.L.C. to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties` intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.

24.  Statute of Limitations.  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 any ADOPTads, L.L.C. property or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.

25. Membership.  ADOPTads, L.L.C. consists of three membership classes: (1) "Pregnant Women"; (2) Adoptive Parent(s); and (3) Adoption Professionals. 

"Pregnant Women" use the service for free.  The terms "Pregnant Woman" or "Pregnant Women" is used interchangeably, is solely a title, and does not indicate that the person is even female or is a female with a confirmed pregnancy.  All statements of being female, pregnant or statements of having a child for adoption must be considered unreliable and false statements unless confirmed in writing by an attorney or state licensed adoption agency.

Adoptive Parent(s) use the service by paying a monthly fee and providing a letter from their adoption attorney or adoption agency letterhead indicating that the adoptive family has representation, is capable of adopting a child, and will undergo a proper, legal adoption.  A facsimile of the required letter is permitted. 

Adoption Professionals may be adoption attorneys, adoption agencies, or unlicensed adoption service providers.  They must also provide a letter on their letterhead establishing that they are an adoption professional.  A facsimile of the required letter is acceptable.

26.  Meeting in Person is Forbidden.   An ADOPTads, L.L.C. member is forbidden from meeting another ADOPTads, L.L.C. member in person without receiving a letter from an attorney or state-licensed adoption agency granting the specific meeting to take place.  If you violate this T&C, you do so at your own risk and peril.

27.  Financial Discussions Between Members Prohibited.  All financial discussions (including living expenses) are forbidden to take place through ADOPTads, L.L.C. and may only occur under the supervision of an adoption attorney.

28.  Must Verify Statements.   ADOPTads, L.L.C. members are asked to identify their preferences and profiles through the use of categories.  ADOPTads, L.L.C. categories include, but are not limited to, Pregnant Woman, An Adoptive Parent, An Adoption Professional, Adoption Agency, Adoption Service Provider, Family Type, Religion, Education, Stay-At-Home Parent, Other Children Living At Home, Child`s Ethnicity, Profiles, Due Date, and Child`s Gender.  The information provided by ADOPTads, L.L.C. members is unverified and cannot be relied upon in any shape, manner or form.  This information must be considered unreliable and false.  You must work with an adoption attorney or adoption agency and have an adoption attorney or adoption agency verify the information.

29.       "Pregnant Women" and "Pregnant Woman".  "Pregnant Women" and "Pregnant Woman" have not provided any verification that they are female or even pregnant.  They have selected this classification.  You must verify their pregnancy by obtaining their medical records through your adoption attorney or adoption agency.  In cases where a "pregnant woman" profile displays information regarding an existing child, you must immediately involve your attorney or state-licensed adoption agency. 

30.       Representation.  "Pregnant Women" have a right to consult with their own adoption attorney prior to communicating with an adoptive family or adoption agency.

31.       Alternatives to Adoption.  This site does not offer alternatives to adoption.

32.       Due Dates.  Due dates are provided by "Pregnant Women" and must be verified through your obtaining their medical records through your adoption attorney or adoption agency.

33.       Health of Child.  You must assume the child is UNHEALTHY unless you receive written verification from a medical doctor indicating otherwise. 

34.       Criminal Acts.  From time to time in adoption, "Pregnant Women" have sought illegal simultaneous financial assistance from more than one adoptive family or have pretended to be pregnant and sought financial assistance.  These crimes and others may occur even if you are working with an adoption attorney or adoption agency.  ADOPTads, L.L.C. assumes no responsibility if you are the victim of a criminal act through your use of this service.  Even though criminal acts are not preventable, your use of ADOPTads, L.L.C. indicates that you understand the risk of becoming a victim to a criminal act and agree not to do anything with a "Pregnant Women", including providing financial assistance or meeting with other ADOPTads, L.L.C. members without prior written approval from your adoption attorney or adoption agency.   

35.       Newspaper Alternative - Equivalent.  This service is intended as an equivalent to newspaper adoption advertisements.

36.      ADOPTads, L.L.C. not Agency or Attorney.  ADOPTads, L.L.C. is not a licensed adoption agency or attorney. 

37.  Law Enforcement.  ADOPTads, L.L.C. may decide to cooperate with any law enforcement authority without a subpoena.

38.  Duration of Pregnant Women Profiles.  Pregnant women profiles automatically expire no later than on the first of the month following the month of her due date, but the profile may expire earlier.  For example, if she indicates her due date is December 27, her ad could expire January 1, or any date prior to January 1.

39.  Cancellation of Pregnant Women Profiles.  A pregnant woman profile will only cease to appear prior to the automatic expiration if the owner of the profile requests that it cease.  If you are working with a person who has a pregnant woman profile, only she may request the removal of her profile.  

40.  Improper Post.  If you suspect a pregnant woman profile is improper, please notify law enforcement and have them fax their concerns to 732-297-0704.

41.  Attorney or Agency Letter and Refunds.  Payment for services are non-refundable.  An exception will be made in the form of a partial refund under special circumstances where an adoptive family pays for the service and then cannot provide the attorney or agency letter required to activate their profile and use the service.  If this limited event should occur within one month after payment is received, you may make a request within that first month to obtain a refund of your monies paid minus a $100 fee for setting up and then canceling your account.  After one month after receipt of your funds, absolutely no refunds will be provided under any circumstances.

42.  Adoption Advertising.  Before an adoptive family may place an adoption advertisement on adoptads.com, the adoptive family must obtain approval from their adoption attorney or state licensed adoption agency.  [November 19, 2005]

43.  Ownership of adoptads.com website.  If you are interested in purchasing the adoptads.com website.  Please send inquiries to:  Adoptads.com, c/o Adam Sklar, 28 Goldstar Dr, Princeton, NJ 08540.

44.  Horizontal text box at top of adoptads.com main page:  Preview this page every visit for important announcements.