Terms of Service

Adopting Hands, LLC and Adoptinghands.com Terms and Conditions

 

These Terms and Conditions ("T&Cs”") governs the relationship between Adopting Hands, LLC (“the Company”) and users and others (“Users”) who interact with Adoptinghands.com (the “Website”), as well as the Company’s brands, products and services. As a User, you agree to these T&Cs, as updated from time to time in accordance with the terms herein. From time to time, there may be supplemental terms for various services that can be used or accessed form the Adoptinghands.com website. To the extent those supplemental terms conflict with these T&Cs, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

 

1) Privacy: Your privacy is very important to us. We designed our Privacy Policy (link to Privacy Policy Page) to make important disclosures about how you can use the adoptinghands.com website to share with others and how we collect and can use your content and information. By using the adoptinghands.com website, you agree to the terms of the Privacy Policy.

 

2) Sharing Your Content and Information: You own all of the content and information you post on the Website, and you can control how it is shared through your privacy settings. In addition: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings:

      a. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Website (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

      b. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

      c. When you publish content or information using the Public setting, it means that you are allowing everyone to access and use that information, and to associate it with you (i.e., your name and profile picture).

      d. Any feedback or suggestions you give us are without any obligation to compensate you for them (just as you have no obligation to offer them).

 

3) User Guidelines: You (the User) agrees to the following:

a. You will not post unauthorized commercial communications (such as spam) on the Website.

b. You will not collect users' content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website.

d. You will not upload viruses or other malicious code.

e. You will not solicit login information or access an account belonging to someone else.

f. You will not bully, intimidate, or harass any user.

g. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

h. You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory.

i. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack or interference with page rendering or other the Website functionality.

j. You will not facilitate or encourage any violations of this Statement or our policies.

k. When registering, you will not provide any false personal information on the Website, or create an account for anyone other than yourself without permission.

l. You will not create more than one personal account.

m. If we disable your account, you will not create another one without our permission.

n. You will not use the Website if you are under 13.

o. You will not use the Website if you are a convicted sex offender.

p. You will keep your contact information accurate and up-to-date.

q. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

r. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

s. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

t. You will not post content or take any action on the Website that infringes or violates someone else's rights or otherwise violates the law.

u. The Company can remove any content or information you post on the Website for any reason whatsoever.

v. If you collect information from users, you will: obtain their consent, make it clear you (and not the Website) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

w. You will not post anyone's identification documents or sensitive financial information on the Website.

 

4) Mobile and Other Devices: If you access the Website via mobile or other devices, your carrier's normal rates and fees, such as text messaging and data charges, will apply. In the event you change or deactivate your mobile telephone number, you will update your account information on the Website within 48 hours to ensure that your messages are not sent to the person who acquires your old number. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on the Website.

 

5) Marketplace: There will be opportunities for the User to purchase items from the Website’s Marketplace. All purchases are between the Buyer and the Seller of the products. The Company makes no guarantee or warranty with regard to the availability, condition or existence of the product. The Website is merely a portal to the parties to the transaction. Both parties agree to utilize WePay as the merchant for the sale and purchase. Please visit wepay.com for more information. Seller agrees to pay the Company a commission of ____% of the purchase price. This commission is the property of the Company regardless if the product is returned to Seller at a later time. Both the buyer and seller understand and agree to the terms located in Section 9 herein. Under no circumstances will the Company be liable to buyer or seller.

 

6) Fundraising: The Company offers Users the ability to create fundraising portals in order to raise money for any purpose relating to adoption and foster care (“Fundraisers”). Users will also be able to donate (“Donors”) to these portals set up by other Users. Both the Fundraisers and the Donors, agree to the following terms and conditions:

            a. Donating Money: Donors should only contribute payments to Fundraisers they personally know and trust. Unfortunately there is no way to 100% guarantee that a Fundraiser’s donation page contains accurate or truthful information. As such, Donors should not make payments to any campaigns or people unless they fully understand and trust the cause presented. Both the Donor and the Fundraiser understand and accept the terms of Section 9 herein. Under no circumstances shall the Company be responsible to either party for any reason whatsoever.

            b. Beware of donation pages that attempt to bypass the prescribed donation method (ie, posting direct links to alternative payment methods). Only complete payments by clicking on the large ‘Donate’ button found on each Fundraising Portal donation page. Please any pages that request direct payments or users who attempt to contact you to arrange an alternative method of payment.

            c. Only donate to people you know & trust. When in doubt, don’t donate.

            d. Users are required to display their authentic identities when Fundraising. This helps ensure that donors understand who is collecting the money. Fundraiser accounts that fail to meet the above requirement, or attempt to use accounts that don’t appear authentic will not be approved for inclusion within the Fundraising Search Directory.

            e. Fundraisers receive all payments through their own personal WePay payment processing accounts. As such, each Fundraiser immediately receives each donation into their chosen payment account. All transactions initiated through the Website are securely encrypted using Secure Socket Layer (SSL) technology. A small security indicator, usually a lock icon or green bar, will appear in the web browser you’re using to verify the security of the transaction.

 

      f. Attempting to bypass the prescribed donation method (ie, posting direct links to alternative payment methods) is strictly prohibited by the Company and will result in account termination.

      g. At no time will the Company request or store sensitive data such as users’ banking information or passwords to payment accounts. Users will securely provide such information only within, and when prompted by their WePay account.

      h. Please beware of, and immediately report any solicitations made through your fundraising page using the ‘Contact’ feature. The Company will never contact its users through this method. Do not provide your personal contact information, such as phone number, to anyone that requests it. Ask questions and have a conversation over email if need be. Additionally, exercise caution if you receive offers from 3rd-party fundraising companies or individuals offering personal assistance. NEVER arrange to personally meet anyone who contacts you through your fundraising page. Report any suspicious activity directly to the Company.

      i. Immediately report any problems or concerns directly to us on our Contact Page.

 

7) Termination: If you violate the letter or spirit of these T&Cs, or otherwise create risk or possible legal exposure for the Company, in addition to any all legal remedies available to the Company, the Company can stop providing all or part of the Website to you. The Company will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2(b), 2(c), 3 and 5-12.

 

8) Disputes: You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or the Website exclusively in the U.S. District Court for the Southern District of Florida or a state court located in Broward County FL, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Florida  will govern these T&Cs, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

 

9) Hold Harmless; Waver and Release: If anyone brings a claim against us related to your actions, content or information on the Website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on the Website and are not responsible for the content or information users transmit or share on the Website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website.

 

WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE WEBSITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE WEBSITE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

10) Special Provisions Applicable to Users Outside the United States: The following provisions apply to users and non-users who interact with the Website outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the Website (such as advertising or payments) or operate a Platform application or website. You will not use the Website if you are prohibited from receiving products, services, or software originating from the United States.

 

11) Definitions:

 

            a. By "the Website" or” the Website Services” we mean the features and services we make available, including through (a) our website at www.adoptinghands.com and any other the Website branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins; and (d) other media, brands, products, services, software, devices, or networks now existing or later developed. The Company reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not these T&Cs.

 

            b. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with the Website.

            c. By "content" we mean anything you or other users post, provide or share using the Website Services.

            d. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from the Website or provide to the Website through Platform.

            e. By "post" we mean post on the Website or otherwise make available by using the Website.

            f. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

            g. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

 

12) Misc.: These T&Cs are an agreement between you and the Company. References to “us,” “we,” and “our” mean “the Company”, and “you” and “your” refers to “Users”. These T&Cs make up the entire agreement between the parties regarding the Website, and supersedes any prior agreements. If any portion of these T&Cs is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these T&Cs, it will not be considered a waiver. Any amendment to or waiver of these T&Cs must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under these T&Cs are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these T&Cs shall prevent us from complying with the law. These T&Cs do not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing the Website.

 

13) By using or accessing the Website Services, you agree that we can collect and use such content and information in accordance with the Company’s Privacy Policy as amended from time to time.