Adoptiveparents.ca's
Terms of Service
Terms of Use
and Disclaimer:
Adoptiveparents.ca was created with
the purpose of providing information for prospective
adoptive parents and the community about adoption
in Canada. Adoptiveparents.ca is not an adoption
agency or facilitator. It does not arrange
adoptions or get involved in the matching
of children with adoptive families. Adoptiveparents.ca
provides information as a community service
and does not endorse any specific professionals
or agencies that are listed within this web
site. Adoptiveparents.ca disclaims all liability
in respect of any agency or professional mentioned
on or linked to or from www.adoptiveparents.ca.
Parent Profiles:
All prospective adoptive parents
in the “Parent Profiles” section
represent and warrant to www.adoptiveparents.ca
that their use of or participation in this
registry does not violate any applicable law
and that they have satisfied all pre-adoption
certification requirements in their province
or territory of residence, which includes
having a valid home study. Prospective adoptive
parents should consult with their adoption
agency, social worker or licensee before joining
“Parent Profiles” at www.adoptiveparents.ca
and to follow up with them on any leads generated
from this web site.
The contents of the “Dear Expectant
Parent” letters posted on www.adoptiveparents.ca
are the sole responsibility of the individuals
who submit them. Adoptiveparents.ca disclaims
any liability for the accuracy of any information
contained in the “Dear Expectant Parent”
letters or for any information that is subsequently
offered by any of the prospective adoptive
parents. Adoptiveparents.ca does not guarantee
that prospective adoptive parents represented
in the “Parent Profiles” section
will make suitable parents and disclaims any
liability resulting from a birth parent selecting
adoptive parents from “Parent Profiles.”
It is highly recommended that birth parents
contact several prospective families and to
consult with an adoption professional before
making a final decision.
Disclaimer
of Warranties: You expressly
agree that your use of www.adoptiveparents.ca
is at your sole risk. Adoptiveparents.ca is
provided on an “as is” and “as
available” basis. Adoptiveparents.ca
expressly disclaims all warranties of any
kind, expressed or implied, including without
limitation any warranty of merchantability,
fitness for a particular purpose or non-infringement.
Adoptiveparents.ca makes no warranty that
this web site will meet your requirements,
or that www.adoptiveparents.ca will be uninterrupted,
timely, secure, or error free. Adoptiveparents.ca
does not make any warranty as to the results
that may be obtained from the use of www.adoptiveparents.ca.
Adoptiveparents.ca will not be liable for
any direct, consequential or incidental damages,
whether foreseeable or not, which may result
from the unavailability or malfunction of
www.adoptiveparents.ca.
You understand and agree that any material
and/or data downloaded or otherwise obtained
through the use of www.adoptiveparents.ca is at
your own discretion and risk and that you
will be solely responsible for any damage
to your computer system or loss of data that
results from the download of such material
and/or data.
You understand and agree that www.adoptiveparents.ca
doesn't guarantee the accuracy or completeness
of any information in or provided in connection
with www.adoptiveparents.ca Adoptiveparents.ca
is not responsible for any errors or omissions
or for the results obtained from the use of
such information. The information is provided
with the understanding that www.adoptiveparents.ca
is not engaged in rendering legal, medical,
counseling or other professional services
or advice. Adoptiveparents.ca encourages you
to seek appropriate professional advice or
care for any situation or problem which you
may have.
Adoptiveparents.ca shall not be responsible
for any loss or damage caused, or alleged
to have been caused, directly or indirectly,
by the information or ideas contained, suggested
or referenced in this service area. Your participation
in www.adoptiveparents.ca is solely at your own
risk. No advice or information, whether oral
or written, obtained by you from www.adoptiveparents.ca
or through www.adoptiveparents.ca shall create
any warranty not expressly made herein.
Indemnification:
You agree to indemnify and
hold each of Adoptiveparents.ca and its employees,
harmless from any claim or demand, including
reasonable attorneys' fees, made by any third
party due to or arising out of your use of
Adoptiveparents.ca, the violation of these
Terms of Service by you, or the infringement
by you, or any other subscriber of your account,
of any intellectual property or other right
of any person or entity.
Applicable
and Governing Law: The laws
of the Province of Ontario, without regard
to rules relating to conflict of laws, will
apply to all matters relating to your use
of www.adoptiveparents.ca or related services.
You also hereby submit to the exclusive jurisdiction
and venue of the Superior Court of the Province
of Ontario, in the Judicial District of Halton,
with respect to such matters. Users of www.adoptiveparents.ca
acknowledge that they are responsible for
complying with all laws applicable within
their jurisdiction. This web site is not intended
to be accessed in any jurisdiction where the
information or services provided herein are
prohibited. By accepting the terms and conditions
of this web site a visitor attests that the
information and services provided on this
web site are not prohibited in their jurisdiction.
Posted Content:
Any
user of www.adoptiveparents.ca that posts information,
photographs or other content on this web site
or provides information, photographs or other
content to www.adoptiveparents.ca for the purpose
of it being posted on the web site, represents
and warrants to www.adoptiveparents.ca that (i)
the posting on the site of the information,
photographs or other content ("Posted
Content"), does not violate any applicable
law, (ii) Posted Content does not violate
any intellectual property or similar right
of any third party, (iii) Adoptiveparents.ca
will not require any third party permissions
or consents with respect to the posting on
the site or other permitted use of the Posted
Content, and (iv) in respect of any prospective
adoptive parent, he/she has satisfied all
of the pre-adoption requirements of his/her
jurisdiction of residence. Adoptiveparents.ca
reserves the right to remove any Posted Content
at any time in its sole discretion. Without
limiting the foregoing, www.adoptiveparents.ca
will have the right to remove any "Dear
Expectant Parent" letter where it has
any reason to believe that the registrants
supplied false or misleading information.
Usage of Message
Forums: The views and opinions
posted on www.adoptiveparents.ca’s message
forum are those of the participating users.
To participate in www.adoptiveparents.ca’s
message forum, users must agree to follow
and respect the following guidelines:
- No personal attacks.
Personal attacks of any kind, private or
public, will not be tolerated. Adoptiveparents.ca’s
goal is to provide its user with a positive
and supportive community.
- Disagreements are
permitted but flaming, name calling or veiled
attacks will not be allowed. If there are
any posts that users find offensive, www.adoptiveparents.ca
will investigate and take proper action
(removal or edit of such messages).
- No profanity. Vulgarities,
name-calling and/or character assassinations
are strictly prohibited on www.adoptiveparents.ca.
- No solicitation of
parents. Adoptiveparents.ca’s message
board is not the place for adoptive parents
and adoption professionals to solicit expectant
parents. It is not appropriate for adoption
professionals or hopeful parents to post
"I can help" messages or Internet
addresses for potential birth parents to
visit or to send this type of e-mail or
private message to potential birth parents.
Links
to Third Party Content: Adoptiveparents.ca
contains links to third-party web sites that
are owned and operated by separate entities.
Adoptiveparents.ca is not responsible for
the contents of any linked site and is not
liable for any damages that result from following
any of the links provided at www.adoptiveparents.ca.
Modifications
to Terms of Services: Adoptiveparents.ca
may modify these Terms of Service from time
to time in its sole discretion. Each time
you log on to Adoptiveparents.ca, you will
be deemed to have accepted any such changes.
Termination:
Adoptiveparents.ca reserves the right, at
its sole discretion, to suspend or terminate
the web site, or any service provided thereon
or these terms of use at any time without
notice and without liability to you or any
third party.
Privacy
Policy: Your privacy is important
to www.adoptiveparents.ca and we will not share
your e-mail address and any personally identifiable
information about you without your consent.
Adoptiveparents.ca does, however, reserve
the right to fully cooperate with local, provincial
and federal officials in any investigation
relating to any content provided by you (including
personal or private electronic communication
transmitted on or through www.adoptiveparents.ca)
or possibly unlawful activities that may involve
your participation. Further, www.adoptiveparents.ca
may publish on adopitveparents.ca information
and photographs provided by you to Adoptiveparents.ca
in connection with you being listed in the
“Parent Profiles” section on this
web site.
Miscellaneous:
In the event that any provision of the Terms
of Use conflicts with the law under which
the Terms of Use are to be construed or if
any such provisions are held invalid by a
court with jurisdiction over the parties to
the Terms of Use, such provision will be deemed
to be restated to reflect as nearly as possible
the original intentions of the parties in
accordance with applicable law, and the remainder
of these Terms of Use will remain in full
force and effect.
The failure of either
party to insist upon or enforce strict performance
by the other party of any provision of the
Terms of Use or to exercise any right under
the Terms of Use will not be construed as
a waiver or relinquishment to any extent of
such party's right to assert or rely upon
any such provision or right in that or any
other instance, rather, the same will be and
remain in full force and effect.
Adoptiveparents.ca may
assign its rights and obligations under these
Terms of Use and upon such assignment www.adoptiveparents.ca
may be relieved of any further obligation
hereunder. You may not assign any of your
rights or obligations arising under these
Terms of Use without the prior written consent
of www.adoptiveparents.ca.
These Terms of Use
constitute the entire understanding between
the parties as to subject matter hereof, and
supersede all prior agreements and understandings.