A Family For Every Child (abbreviated as AFFEC)
operates this website to provide online access to information about adoption,
children available for adoption, and families who would like to adopt.
By accessing and using this website (or Site), you agree to each of the terms
and conditions set forth herein ("Terms of Use").
Additional terms and conditions applicable to specific areas of this Site are also posted in particular areas and together
with these terms of use, are applicable to those areas, content, or transactions. These Terms of Use, together with
applicable additional terms and conditions are referred to as this "Agreement".
Information on the Site. Information regarding children
that are eligible for adoption has been provided by social workers and other
social services professionals that are responsible for the care of such
children. AFFEC does not perform any independent investigations to
determine the completeness, truthfulness or accuracy of such
information. AFFEC DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR
RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON
SUCH OPINION, STATEMENT, ADVICE, MEMORANDUM OR INFORMATION SHALL BE AT YOUR
SOLE RISK. AFFEC reserves the right to correct any errors or omissions
in any portion of the Site. AFFEC does not and cannot review all materials and
information posted to the Site by members, users and visitors, and AFFEC
is not responsible for any such materials and information. However, AFFEC
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 AFFEC's
sole discretion are objectionable or in violation of this Agreement.
Links to Third-Party Sites.
The links on Site will allow you to leave. Any third-party sites to which AFFEC
may link are not under AFFEC's control, and the AFFEC 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. Absent express language to the contrary, AFFEC does not
intend links contained on Site 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.
. No Warranty. THE ACCURACY AND
RELIABILITY OF THE CONTENT ON SITE IS NOT GUARANTEED. THE CONTENT FROM
OR THROUGH SITE 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. AFFEC AND ITS LICENSORS
ASSUME NO LIABILITY FOR ANY ERRORS, BUGS, VIRUSES, OMISSIONS OR OTHER PROBLEMS
WITH THE CONTENT ON Site. TO THE FULLEST EXTENT OF
THE LAW, AFFEC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
WITH RESPECT TO THE CONTENT ON Site OR
THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED OR ACCESSED THROUGH Site, FOR SERVICES OR
HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH SITE
OR ANY FURTHER LINKED SITE. AFFEC DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TO ANY SITE AND OPERATION OF AFFEC SITE MAY BE INTERFERED WITH
BY NUMEROUS FACTORS OUTSIDE OF THE AFFEC'S CONTROL.
Limitation of Liability. IN NO EVENT IS AFFEC LIABLE
FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE
USE OF, OR THE INABILITY TO USE, THE SERVICES ON ANY AFFEC WEB SITE, EVEN IF AFFEC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY WAIVE ANY SUCH CLAIMS AGAINST
AFFEC, ITS LICENSORS AND VENDORS AND RELEASE AFFEC, 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.
AFFEC SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER ARISING OUT OF CLAIMS OF NEGLIGENCE, BREACH OF
CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR ANY
OTHER CONDUCT WHATSOEVER.
Indemnity. You agree to indemnify, defend and hold harmless
AFFEC and its employees, agents, successors, officers and assigns, from any and all suits, losses, claims
demands, liabilities, costs and expenses (including reasonable attorneys' fees and paralegal fees) that
AFFEC 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 Terms; or (iii)
your use of Site.
Privacy. AFFEC 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 all AFFEC web sites.
General.
The Terms shall be governed by and construed in accordance with the laws of the State of Oregon,
without regard to conflict of laws provisions. You and AFFEC agree to submit to the exclusive
jurisdiction over all disputes hereunder and venue in an appropriate state or federal court
located in the State of Oregon. Except as expressly stated herein, the Terms represent the entire
understanding between you and AFFEC with respect to Site.
Notices.Except as explicitly
stated otherwise, any notices shall be given by email to (in the case of AFFEC) or to the email address
you provide to AFFEC during the registration process (in your case), or such other address as the party
shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid or unless AFFEC receives notification that the message cannot
be delivered by email. Alternatively, we may give you notice by overnight courier or certified mail,
postage prepaid and return receipt requested, to the address provided to AFFEC during the registration process.
In such case, notice shall be deemed given 3 days after the date of mailing.
Restrictions on Use of A Family for Every Child's Site.
Some Content on Site may be subject to United States Export Controls.
No Content from AFFEC may be downloaded or otherwise exported or re-exported in violation
of the Export Control Act. By downloading the Content from the Site, you represent and warrant that
you are not located in or a national or resident of any such country.
Amendments to the Terms. AFFEC reserves the right to change,
suspend or discontinue any aspect of Site at any time, including the
availability of any features, database, or Content, and will provide reasonable notice of such changes
on Site. AFFEC may also impose limits on features or restrict access
to parts of AFFEC's web sites. The Terms may be amended at any time by posting amended terms on
Site. The amended terms shall be effective immediately upon posting to
any location of Site.
Breach. AFFEC may terminate user access or suspend
any user's access to all or part of any of Site without notice for any conduct that AFFEC, in its
sole discretion, believes violates any applicable law or is harmful to AFFEC, or if such party is
found to have engaged in fraudulent activity in connection with any of AFFEC's web sites.
No Agency.You
and AFFEC 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 Terms.
