Adoptimist Terms of Use

Adoptive Parents

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE AGREEING TO JOIN OUR SERVICE. THE TERMS OF USE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, LIMITATIONS AND EXCLUSIONS, AND THE RESOLUTION OF ANY POSSIBLE DISPUTES ARISING FROM THE USE OF OUR SERVICES.

Adoption Connect Technologies, Inc. provides an online marketing service connecting birth parents and adoptive parents for the purpose of considering adoption. Connections are made through services offered by our web application (or website) Adoptimist.com. By joining Adoptimist.com and participating in its services you are agreeing to its Terms of Use. Failure to comply with these Terms may result in suspended access to, or termination from, the website.

The web application is designed to connect birthmothers and adoptive parents for the purpose of considering adoption. Adoption Connect Technologies, Inc. offers no representations or warranties regarding the truthfulness of any of the information presented by the members of the web application. Adoption Connect Technologies, Inc. conducts no background investigations whatsoever on the self-described birth parents or adoptive parents who use this website.

SERVICE DETAILS: Adoption Connect Technologies, Inc. connects birthmothers and adoptive parents through custom profile page listings on the Adoptimist website. Adoptive parents may create a custom profile and choose from one of three marketing plans or a customized plan in order to connect with birth parents on the website. The Adoptimist.com Premium Service utilizes Google Adwords for its online marketing. Adoption Connect Technologies, Inc. will develop a unique Google Adwords campaign as part of this Premium Service Plan. During each month of Premium Service, Adoption Connect Technologies, Inc. will perform the following tasks: ad writing, ad maintenance, campaign maintenance, and technical support.

PAYMENT TERMS FOR ADOPTIVE PARENTS (‘The Client’)

1. The Client agrees to pay Adoption Connect Technologies, Inc. the appropriate designated fee each month for its campaign and website profile services. The Client agrees to pay Adoption Connect Technologies, Inc. this monthly fee (as indicated on the web application at signup) for its ad campaign services for as long as The Client chooses to advertise with Adoption Connect Technologies, Inc. The Client may choose to stop advertising at any time, for any reason, at no risk of penalty or fines.

Each billing cycle is thirty days and begins upon the day of signup.

2. The Client agrees to the rules and Terms of Use of Google Adwords, an advertising service utilized by Adoption Connect Technologies, Inc.

3. The Client agrees to pay Adoption Connect Technologies, Inc. its monthly fee, set forth above and on the website application. If the payment fails, The Client’s account may be paused, downgraded, or suspended until successful payment is submitted through the web application.

AGREEMENTS

In consideration of the mutual covenants set forth in these Terms of Use, the Adoptive Parent member (“The Client”) and Adoption Connect Technologies, Inc. hereby agree as follows:

1. Provide Services.

Adoption Connect Technologies, Inc. will provide services according to the terms outlined and agreed to by The Client.

2. Delivery of Services.

Adoption Connect Technologies, Inc. will use reasonable diligence in its support services and endeavor to provide its services to The Client according to the schedule above.

3. Usage Rights for User-submitted Content.

Adoption Connect Technologies, Inc. shall hold all right, title, and interest in and to the profile page resulting from this support agreement. By submitting photos, text, video, and any other information to the website application, The Client agrees that Adoption Connect Technologies, Inc. has the right to retain and reprint this content on the Internet, via e-mail, and in print form.

4. Ownership Rights

Adoption Connect Technologies, Inc. shall hold all right, title, and interest in and to the work product resulting from this support agreement. Specifically, but without limitation, Adoption Connect Technologies, Inc. shall hold all right, title, and interest in and to (1) all text, graphics, animation, audio components, and digital components of the Web Application (the “source code”), (2) all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprises the Web Application, (3) all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Web Application, (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Web Application or any component or characteristic thereof. The Client shall not do anything that may infringe upon or in any way undermine Adoption Connect Technologies, Inc.’s right, title, and interest in previous works used to facilitate the services and (5) Adoption Connect Technologies, Inc. shall hold all right, title, and interest in and to the complete list of designated search terms or ‘keywords’ used on The Client’s advertising campaign. These ‘keywords’ are the exclusive property of Adoption Connect Technologies, Inc. and shall not be used by The Client in any capacity including any other advertising campaigns run by The Client or other third party.

5. Disputes and Resolutions.

In consideration of the satisfactory delivery of the services outlined above, and for all of Adoption Connect Technologies, Inc. services under this Agreement, The Client shall compensate Adoption Connect Technologies, Inc., as specified above.

In the event of a dispute arising from use of the website application, Adoption Connect Technologies, Inc. reserves the right to pursue any or all of the following remedies:

(1) termination of the Agreement by suspending the service – for misuse, posting of inappropriate content, non payment or

(2) seek resolution of any dispute through the approved ADR (Alternative Dispute Resolution) mediation procedures of the State of California.

6. Limited Warranty and Limitation on Damages.

If Adoption Connect Technologies, Inc. does not provide the services described above, either Adoption Connect Technologies, Inc. shall be responsible for providing all of the services necessary to complete the agreement, without unreasonable delay or The Client shall have the option to terminate the campaign or request a refund for the monthly service fee. This warranty shall be the exclusive warranty available to The Client.

The Client acknowledges that Adoption Connect Technologies, Inc. is not responsible for the results obtained by The Client on the Web Application. The Client waives any claim for damages, direct or indirect, and agrees that the sole and exclusive remedy for any and all damages (either in contract or tort) shall be the return of the monthly fee paid to Adoption Connect Technologies, Inc. as set forth above.

7. Binding Effect.

This Agreement shall be binding upon and inure to the benefit of The Client and Adoption Connect Technologies, Inc. and their respective successors and assigns, provided that Adoption Connect Technologies, Inc. may not assign any of its obligations under this Agreement without The Client’s prior written consent.

DISCLAIMER

1. Adoption Connect Technologies, Inc. is not an adoption agency. Adoption Connect Technologies, Inc. does not practice law or dispense legal advice of any kind. The website (Adoptimist.com) to which these Terms pertain is for advertising purposes only and there are no representations or warranties regarding the fitness of anyone that contacts The Client through the website. There are no representations or warranties regarding the truthfulness of any of the information such a person may present to The Client.

2. Adoption Connect Technologies, Inc. is not owned by or a subsidiary of any adoption agency or law practice.

3. Adoption Connect Technologies, Inc. conducts no background investigations whatsoever on the selfdescribed birth parents who may contact The Client via their website.

4. Adoption Connect Technologies, Inc. strongly encourages The Client to seek independent legal and counseling assistance.

Adoption Connect Technologies, Inc. 9244 Faraday Avenue, Suite 138, Carlsbad CA 92008