3. Permitted Uses
You may only access or view materials or information related to your authorized use of the Services, and shall not access or view materials or information for any unauthorized use or purpose. You shall not attempt to access or view materials belonging to or on behalf of any other person or entity. If, through your use or access of the Services, you view or gain access to any information or materials not related to your relationship with BirthMotherThoughts.com or view or gain access to information or materials pertaining to another person or entity’s relationship with BirthMotherThoughts.com or belonging to another person or entity, you shall immediately inform BirthMotherThoughts.com at firstname.lastname@example.org and cease viewing, accessing, or obtaining such materials. You agree not to (a) use or access the Services in a manner that could damage, disable, overburden, or impair any BirthMotherThoughts.com computer system or the networks connected to any BirthMotherThoughts.com computer system; (b) interfere with BirthMotherThoughts.com’s or any third party’s use or enjoyment of the Services; or (c) attempt to gain unauthorized access to the Services or any related accounts, computer systems, or networks connected to any BirthMotherThoughts.com computer system through hacking, password mining, or any other means.
b. Viewing and Downloading Material
Through your authorized use of the Services, you may be granted the ability to view, access, or obtain materials including confidential documents and other sensitive materials. You specifically acknowledge and agree that it is your sole responsibility to ensure and maintain the appropriate level of confidentiality for all such documents and materials and that BirthMotherThoughts.com is not responsible for the security of any information, documents, or materials that you download or obtain through your use of the Services.
c. Uploading Material
You may be given authorization to upload certain materials to the Services. You warrant that any materials you upload are for the sole purpose of your authorized and legitimate use of the Services, and that such materials are free from any viruses, Trojan horses, or any code that could harm any computer system. You are solely responsible for any materials you upload. You acknowledge and agree that, depending on the specific matter and related level of restricted access, other parties may have access to materials you upload to the Services.
d. Use or Access by Minors
The Services are neither targeted to, nor intended to be used by anyone under the age of 18 years. Any use or access by anyone under the age of 18 is prohibited. If you are under the age of 18 years, you must not use or access the Services.
e. Intellectual Property
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services are copyrights, trademarks, trade dress and/or intellectual property owned, controlled, or licensed by BirthMotherThoughts.com or by third parties who have licensed their materials to BirthMotherThoughts.com and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of all materials on the Services is the exclusive property of BirthMotherThoughts.com or its licensors and are protected by U.S. and international copyright laws. You shall not copy, reproduce, republish, upload, post, transmit, or distribute the Services in any way that violates BirthMotherThoughts.com’s intellectual property rights. This section shall remain in effect after the expiration or termination of your use of the Services.
4. Conduct while using the Services.
You represent and warrant that you will not submit to the BirthMotherThoughts.com public forums (the “Forums”), any of the Forum tools (such as private messaging), or any other part of the Services to send any of the following:
- Submissions that are threatening, harassing, defamatory, abusive, obscene, pornographic, inappropriate, profane, or that could give rise to any civil or criminal liability under applicable local, national, and international laws and regulations;
- Submissions that could infringe rights of privacy, publicity, patents, trademarks, trade secret, copyrights or other intellectual property rights (“Intellectual Property Rights”) without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable;
- Submissions that promote bigotry, racism, hatred, or harm against any individual or group;
- Submissions that contain a virus or other harmful component, or link to a virus or other harmful component, or otherwise tamper with, impair or damage the Forums, the Website, the Services, or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Website.
- Submissions that do not generally pertain to the designated topic or theme of the relevant sub-forum to which it is submitted;
- Submissions that violate any specific restrictions applicable to a sub-forum; or
- Submissions that are antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet.
5. Use of Forums.
You acknowledge that the Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any user submission to a public Forum. BirthMotherThoughts.com cannot guarantee the security of any information you disclose through any of the Forum or through private messages to other users; you make such disclosures at your own risk. BirthMotherThoughts.com has no duty to monitor the Forums. Also, you should be skeptical about information provided by others, and you acknowledge that the use of, or reliance on, any information provided by another user is at your own risk. BirthMotherThoughts.com is not responsible for, and does not endorse, the opinions, advice or recommendations posted or sent by users to the Forums or through private messages.
6. Email and Other Communications.
In connection with your use of the Services, you consent to BirthMotherThoughts.com’s recording any communication, electronic or otherwise, between you and BirthMotherThoughts.com and retaining any information and data you submit while using the Services. In using the Services, you may be permitted to communicate electronically with BirthMotherThoughts.com via electronic mail; however, you acknowledge and agree to only submit general information or inquiries to BirthMotherThoughts.com via electronic mail and any other submissions or communications on or through the Services, and you agree that any information or inquiries you submit through the Services will be in accordance with the express instructions set forth on the Services for such submissions or communications. Do not send any time-sensitive communications to BirthMotherThoughts.com via electronic mail. You agree that BirthMotherThoughts.com shall not be responsible for responding to any such communications.
8. Accuracy of Information.
While BirthMotherThoughts.com makes reasonable efforts to present current and accurate information on the Services, BirthMotherThoughts.com makes no representations, warranties, or guarantees that the Services are free from inaccuracies or errors. The materials and information on the Services are not guaranteed to be correct, complete, or up-to-date. You acknowledge and agree that BirthMotherThoughts.com shall not be responsible for incorrect, inaccurate, or incomplete information or any damage or loss suffered by any person as a result of reliance on such information.
BirthMotherThoughts.com may change or enhance data security protections applicable to the Services without notice to you. You shall not attempt to disable or circumvent any security feature on the Services.
10. General Compliance with Laws
You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use the Services to facilitate collusion or for any other conduct violating antitrust or other applicable laws.
BirthMotherThoughts.com grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, copyrighted materials, works of art, architecture, or other forms of intellectual property depicted on the Services. BirthMotherThoughts.com may use stock photographs and images on the Services. Unless specifically stated otherwise, images of families and children on the Services are for illustrative purposes only and are not images of children who are currently available for adoption or who have previously been adopted.
The Services includes general information related to the adoption process. The information available on the Services is intended to give visitors a general understanding of the adoption process and is not a substitute for the advice of an attorney. The Forums may contain the opinions and views of other users; given the interactive nature of the Forums, BirthMotherThoughts.com does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any submissions or content generated by users of the Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ACCESS TO THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW OR AT EQUITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, BIRTHMOTHERTHOUGHTS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, QUALITY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FUNCTIONALITY, COMPATIBILITY, FREEDOM FROM COMPUTER VIRUS OR MALWARE, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ASSUME ALL RISK OF USE OF THE SERVICES. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES, OR UNINTERRUPTED. BIRTHMOTHERTHOUGHTS.COM IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS’ OR OTHER PROVIDERS’ FACILITIES. BIRTHMOTHERTHOUGHTS.COM HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS. BIRTHMOTHERTHOUGHTS.COM DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OF THE SYSTEMS AND NETWORKS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. BIRTHMOTHERTHOUGHTS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT PORTIONS OF THE CONTENT OF THE SERVICES ARE PROVIDED BY THIRD PARTY USERS, AND YOU AGREE THAT BIRTHMOTHERTHOUGHTS.COM HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT.
12. Limitation of Liability.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or UNDER ANY OTHER SUBSTANTIVE LEGAL THEORY, shall BIRTHMOTHERTHOUGHTS.COM; any of its employees, owners, officers, or agents; or its affiliates, their directors, officers, employees, or agents, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTIAL DAMAGES, or damages of any nature INCURRED in connection WITH or ARISING OUT OF THE USE OR THE INABILITY TO USE THE sERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF BIRTHMOTHERTHOUGHTS.COM or its representatives HAve BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS or should have known OF the possibility of such damages.
15. Links to Third-Party Sites.
The Services contain links to third-party websites. The linked websites are not under the control of BirthMotherThoughts.com, and BirthMotherThoughts.com is not responsible for the contents or policies of any linked website. BirthMotherThoughts.com provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site (or any contents therein) by BirthMotherThoughts.com.
18. Dispute Resolution (the “Arbitration Agreement”)
In (and only in) the event that this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, the parties agree that the sole and exclusive venue for any dispute arising hereunder shall be in a court located in Kansas City, Kansas, and, in (and only in) that event the parties hereby irrevocably consent to the jurisdiction of such court and irrevocably waive any and all objections which any party may have to process being served in any such suit, action, or proceeding pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested.
Class Waiver. You and BirthMotherThoughts.com agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless both you and BirthMotherThoughts.com agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding.
19. Updates and Amendments
21. Entire Agreement.
22. Contacting Us.
Last Revised November 25, 2020