Terms of Service
Effective Date: December 6, 2022
By using, browsing, contacting, or requesting any services on our website thisadopteelife.com (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “I” and “This Adoptee Life” means the applicable This Adoptee Life.
The services offered by This Adoptee Life under the Terms of Service include various individuals, both personal and corporate. Any such services offered by This Adoptee Life are referred to in these Terms of Services as the “Services”. Any new services which are added to the current services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at thisadopteelife.com/terms-of-service. This Adoptee Life reserves the right to update and change the Terms of Service by posting updates and changes to the This Adoptee Life website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using our Services and website.
2. General Conditions
- Technical support in respect of the Services is only provided to This Adoptee Life customers, members, or subscribers.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that This Adoptee Life may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on This Adoptee Life website, available at thisadopteelife.com/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of our Services and website after the amended Terms of Service are posted to This Adoptee Life’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use our Services or website.
- You may not use the This Adoptee Life for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to the copyright, trademark, and patent laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States of America or The State of California. You will comply with all applicable laws, rules, and regulations in your use of our Services and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the This Adoptee Life website, use of our Services, or access to the Services without the express written permission by This Adoptee Life.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use This Adoptee Life or This Adoptee Life trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent via email to firstname.lastname@example.org.
- You understand that your content or materials, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and This Adoptee Life Terms of Service available in another language, the most current English version of the Terms of Service at thisadopteelife.com/terms-of-service will prevail.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. This Adoptee Life shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without This Adoptee Life prior written consent, to be given or withheld in This Adoptee Life sole discretion.
- If any provision, or portion of the provision, in these Terms of Service, is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
3. This Adoptee Life Contracting Party
If your address is located within or outside of the United of America, this Section 3 applies to you:
- The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
4. This Adoptee Life Rights
- We reserve the right to modify or terminate our Services for any reason, without notice at any time. Not all Services are available in every jurisdiction and we are under no obligation to make any Services available in any jurisdiction.
- We reserve the right to refuse service or access to our website to anyone for any reason at any time.
- We may, but have no obligation to, remove content and, or materials and suspend accounts if we determine in our sole discretion that the Materials uploaded, violate our Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any This Adoptee Life visitor, contributor or associate will result in immediate account termination.
- This Adoptee Life does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from our servers and deny our Services.
- In the event of a dispute regarding material ownership, we reserve the right to request documentation to determine or confirm material ownership. Documentation may include, but is not limited to, a scanned copy of your government issued photo ID, the last four digits of the credit card on file, etc.
- This Adoptee Life retains the right to determine, in our sole judgment, rightful material ownership and transfer material to the rightful owner. If we are unable to reasonably determine the rightful material owner, without prejudice to our other rights and remedies, This Adoptee Life reserves the right to temporarily delete materials from our records until a resolution has been determined between the disputing parties.
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with and not publicly known, including specific information, names, addresses, and other information regarding business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. This Adoptee Life Confidential Information includes all information that you receive relating to us, or to our Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without the use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
6. Limitation Of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, This Adoptee Life shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of our Services.
- To the extent permitted by applicable laws, in no event shall This Adoptee Life or any of our affiliates be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our Services, or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable), officers, directors, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
- Your use of our Services is at your sole risk. Our Services are provided on an “as is” and “as available” basis without any warranty or condition, express implied, or statutory.
- This Adoptee Life does not warrant that our Services will be uninterrupted, timely, secure, or error-free.
- This Adoptee Life does not warrant that the results that may be obtained from the use of our Services will be accurate or reliable.
- This Adoptee Life does not warrant that the quality of any services, information, or other materials obtained by you will meet your expectations, or that any errors in the Services will be corrected.
7. Waiver And Complete Agreement
The failure of This Adoptee Life to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and This Adoptee Life and govern your use of our Services, superseding any prior agreements between you and This Adoptee Life (including, but not limited to, any prior versions of the Terms of Service).
8. Intellectual Property
- We do not claim any intellectual property rights over the Materials you provide to This Adoptee Life. All Materials you request we post on our website remain yours. You can request removal of all your materials from This Adoptee Life Servers by contacting This Adoptee Life at any time via email at email@example.com
- You retain ownership over all Materials that you upload and/or send to This Adoptee Life. However, you are responsible for compliance of the Materials with any applicable laws or regulations.
- This Adoptee Life shall have the non-exclusive right and license to use the materials, names, trademarks, service marks, and logos associated with your materials to promote the Service.
9. Third Party Services
- This Adoptee Life may from time to time recommend, provide you with access to, or enable third-party software, applications (“Apps”), products, services, or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and access or use of any such Third Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third-Party Providers.
- Any use by you of Third Party Services offered through the This Adoptee Life website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, This Adoptee Life may receive a revenue share from Third Party Providers that This Adoptee Life recommends to you or that you otherwise engage through your use of the This Adoptee Life website.
- We do not provide any warranties or make representations to you with respect to Third-Party Services. You acknowledge that This Adoptee Life has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third-Party Services. The availability of Third-Party Services on This Adoptee Life website or the integration or enabling of such Third-Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with This Adoptee Life. This Adoptee Life does not guarantee the availability of Third-Party Services and you acknowledge that This Adoptee Life may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. This Adoptee Life is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. This Adoptee Life strongly recommends that you seek specialist advice before using or relying on Third-Party Services, to ensure they will meet your needs.
- If you enable a Third-Party Service for use with the Services, you grant us permission to allow the applicable Third-Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third-Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third-Party Provider is solely between you and such Third-Party Provider. This Adoptee Life is not responsible for any disclosure, modification, or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service or a Third-Party Provider to your data or other Materials.
- You acknowledge and agree that: (i) by submitting a request for services or other information through our website, you consent to being contacted by one This Adoptee Life at the client registered email address (or such other email address provided by you) and (ii) This Adoptee Life will receive all email communications exchanged or in any reply emails (each a “Reply”) that originate from directly or indirectly) between yourself and This Adoptee Life.
- The relationship between you and any Third-Party Provider is strictly between you and such Third-Party Provider, and This Adoptee Life is not obligated to intervene in any dispute arising between you and a Third-Party Provider.
- Under no circumstances shall This Adoptee Life be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider. These limitations shall apply even if This Adoptee Life has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) officers, directors, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Service or your relationship with a Third-Party Provider.
10. Feedback And Reviews
This Adoptee Life welcomes any ideas and/or suggestions regarding improvements or additions to our website. Under no circumstances shall any disclosure of any idea, suggestion, or related material or any review of our Services, Third-Party Services or any Third-Party Provider (collectively, “Feedback”) to This Adoptee Life be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to This Adoptee Life (whether submitted directly to This Adoptee Life or posted on any This Adoptee Life hosted forum or page), you waive any and all rights in the Feedback and that This Adoptee Life is free to implement and use the Feedback if desired, as provided by you or as modified by This Adoptee Life, without obtaining permission or license from you or from any third-party. Any reviews of a Third-Party Service or Third-Party Provider that you submit to This Adoptee Life must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. This Adoptee Life reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third-Party Providers but does not regularly inspect posted Feedback.
11. Rights Of Third Parties
For This Adoptee Life and its affiliates, This Adoptee Life visitors or anyone accessing the This Adoptee Life website or Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
12. Privacy & Data Protection
(a) You are established in the European Economic Area (EEA);
(b) You provide goods or services to customers in the EEA; or