Terms Of Use

Updated April 5, 2018

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE AGREEING TO REGISTER ON OUR SITE. HEREIN YOU WILL FIND INFORMATION ABOUT YOUR LEGAL RIGHTS, LIMITATIONS, EXCLUSIONS AND DISPUTE RESOLUTION RELATING TO THE USE OF OUR SERVICES.

Introduction

My Baby's Family, LLC ("MBF", "we", "us", or "our" as applicable) provides adoption related online information and services only. MBF is not an adoption advisor (i.e. agency, attorney, consultant) and does not match expectant parents with adoptive families. MBF does not provide legal or medical advice nor do we endorse or refer to those who do. MBF encourages you to consult with legal or medical professionals of your choice regarding any legal or medical questions you may have. We endeavor to keep all information on our site as current as possible, but do not guarantee that it is and strongly advise verifying any information found on our site prior to acting upon it.

Acceptance of Terms of Use

These terms of use are entered into by and between you, the user, and MBF. The terms and conditions contained below, together with all other documents they reference and expressly incorporate by reference (these "Terms of Use"), govern your access to, and use of, our website, mobile site, or mobile application (the "Site"), including any content, functionality, and services offered on or through the Site.

By clicking the button or checking the box to agree to these Terms of Use, you accept and agree to be bound by these Terms of Use, our Privacy Policy, which can be found at [INSERT WEB ADDRESS], which is a part of this agreement and fully incorporated herein by this reference, and our Community Rules, which can be found at [ INSERT WEB ADDRESS], also fully incorporated herein by this reference. You agree to use the Site in accordance with these Terms of Use, our Privacy Policy, our Community Rules, and any additional terms and conditions that are referenced herein or within the Site. Continued use of and access to the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your continuing agreement to be bound by these Terms of Use, the Privacy Policy, and our Community Rules. If you do not wish to agree to, or be bound by, these Terms of Use, you cannot access or use the Site.

The Site is available to users who are at least 13 years old and reside in the United States or any of its territories or possessions. By accepting these Terms of Use and using the Site, you are representing and warranting to MBF that you meet the age and residency requirements in the previous sentence. If you do not meet these requirements, you cannot access or use the Site.

Changes to Terms of Use

We reserve the right to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time, and in our sole discretion. Such changes will be effective when posted and will govern access to, and use of, the Site from that point forward. We may require that you affirmatively accept and consent to the revised Terms of Use in order to continue to access the Site. In any event, your continued use of the Sites and/or the Services after any changes are posted will be considered acceptance of those changes. It is your responsibility to review the Terms of Use from time to time so that you remain aware of any changes and to discontinue using the Site if you find these terms unacceptable at any time.

Rights and Restrictions Relating to Site Content

Your Limited Right to Use Site Materials . This Site and all the materials available on the Site (including, without limitation, information, software, source and object code, text, displays, images, video and audio, and the composition, design, selection, and arrangement thereof) are the property of MBF, our affiliates, or our licensors, as applicable, (the "Protected Material") and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the Protected Materials available on the Site in a manner that constitutes an infringement of our rights or the rights of any of our licensors or that has not otherwise been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the Protected Materials, you may not modify, copy, reproduce, republish, upload, post or display publicly or otherwise, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Protected Material from the Site. For information about requesting permission to reproduce or distribute Protected Material from the Site, please contact us at Info@MyBabysFamily.com.

Unless otherwise indicated, MBF owns all right, title, and interest in and to the Site, including materials submitted by others, and all Protected Materials. Specifically, and not in limitation of the generality of this section, we hold all right, title, and interest to: (1) source code, including but not limited to, all text, graphics, animation, audio components, and digital components associated with the Site; (2) all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprises the Site; (3) all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Site; (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Site or any component or characteristics thereof; and (5) the complete list of designated search terms or "keywords" used in providing services.

For the avoidance of any doubt, no right, title, or interest, in or to the Site or Protected Materials is transferred to you, and all rights not expressly granted by these Terms of Use are reserved to MBF.

Our Right to Use Materials You Submit or Post . This Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and email services, that allow users to communicate with third parties. When you submit or post any material via the Site ("User Content"), you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such User Content, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your User Content by name, email address, or screen name, as we deem appropriate.

You understand that the technical processing and transmission of the Site, including User Content submitted by you, may involve transmissions over various networks, and may involve changes to the User Content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any User Content submitted by you.

You represent and warrant to MBF that (i) you own or control all rights in and to any User Content you post to the Site and have the right to grant the license, described above, to MBF and anyone designated by us, and have secured any necessary permissions from third parties to post the User Content (ii) if the User Content contains pictures in which other individuals appear, you have secured the consent of the individuals depicted prior to posting the User Content, (iii) the User Content will not injure any rights of any third party, and (iv) you have read, agree to abide by, and the User Content complies with, our Community Rules.

You understand and acknowledge that you are responsible for any User Content you post to the Site and you, not MBF, have full responsibility for the User Content and its legality, reliability, accuracy, and appropriateness. MBF is not responsible or liable to any third party for the content or accuracy of the User Content posted by you or others on the Site or for the speech, content, or messages of you or other users of the Site.

Limitations on Linking and Framing . You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by us or by our Site. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property, including, without limitation, the Protected Materials.

Prohibited Uses

You may only use the Site for lawful purposes and for purposes that are in compliance with these Terms of Use, our Privacy Policy, and our Community Rules. Any violation of law, these Terms of Use, our Privacy Policy, or our Community Rules can result in, without limiting the other remedies available to MBF, termination of your access to the Site, prevention of access to the Site in the future, and filing reports with appropriate law enforcement agencies, which may include your submitted information and identity, for any suspected violation of law.

You shall not use the Site:

You further agree not to:

Monitoring and Enforcement

We expressly reserve the right, but shall not be obligated, to:

You expressly acknowledge that we have the right to cooperate fully with appropriate law enforcement agencies or orders from a court of competent jurisdiction requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Site. You also acknowledge that we may disclose the identity or information of anyone posting materials on the Site if we believe, in our sole discretion, that the same is reasonably required, and not prohibited by law, for the protection of the public or to protect our rights and interest in the Site. YOU WAIVE ANY CLAIMS AND DAMAGES RESULTING FROM ANY ACTION TAKEN BY MBF DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY MBF OR ANY APPROPRIATE LAW ENFORCEMENT AGENCIES.

Notwithstanding the foregoing, MBF cannot review all User Content before it is posed to the Site, and cannot ensure prompt removal of User Content that is deemed to be objectionable or in violation of these Terms of Use. MBF assumes no liability for any action or inaction regarding transmission, communication, or content provided by any third party. MBF shall have no liability to any person or entity for the performance or non-performance of the activities described in this section.

Access to Certain Features of Our Site

From time to time, we may restrict access to portions of, or all of, the Site and any services or features offered through the Site to registered users. If we require registration, it is a condition of your use of the Site that all of the information you provide to MBF is true, complete, current, and accurate at all times, and you agree to update any outdated or incorrect information as promptly as reasonably possible.

To access certain features of our Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code, and country of residence. In addition, if you elect to sign-up for a particular feature of the Site, such as discussion forums, blogs, photo- and video-sharing pages or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide information such as your name and email address. If we believe that any such information is untrue, inaccurate, or incomplete, we have the right, in our sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any information you provide to us as part of the registration process or otherwise, including, without limitation, through engagement with any interactive portions of the Site, is governed by the terms of our Privacy Policy, and you expressly consent to all actions we take with respect to such information that are consistent with our Privacy Policy.

At all times, you are responsible for undertaking all steps required for you to have access to the Site, including, without limitation, completing any registration process that might be required, from time to time. You are further responsible for ensuring that all individuals who access the Site through your internet connection are aware of these Terms of Use and comply with the same.

If you select, or are provided with, a username, password, or other login credentials as part of a Site security procedure or registration process, you agree to treat such information as confidential and shall not share it with a third party. We reserve the right, in our sole discretion, and at any time, to reject or terminate any usernames we deem to be offensive or otherwise inappropriate. Any account you create is personal to you, and you may not permit any other person or entity to access the Site through your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. You agree to exit your account at the end of each session. When using a public or shared computer, you agree not to store your password or other information in any web browser or locally on the public or shared computer such that third parties could obtain access to your information or account.

Privacy

We respect the privacy of the users of our Site. Please review our Privacy Policy. Your continued use of the Site shall be deemed to be your continued consent to all of the terms contained in the Privacy Policy.

Limitation on Use of Company Directories

The information contained in any company directory that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.

Modifications to, or Discontinuation of, the Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, and any service or material we may provide through the Site, in our sole discretion, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any portion thereof for any reason at any time.

We reserve the right to deny access, including, without limitation, by means of disabling any username, password, or other login credentials, to the Site or any features of the Site to anyone who violates these Terms of Use, our Privacy Policy, the Community Rules, or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes upon the rights of others, or for any other reason we, in our sole discretion, determine.

DISCLAIMER OF WARRANTIES

You acknowledge and understand that MBF cannot guarantee that files, links, or any other content (including User Content submitted by other users of the Site) on the internet or the Site will be free of viruses or other malicious or destructive code. You are responsible for implementing appropriate safeguards to satisfy your requirements for anti-virus and anti-malware protections, accuracy of data input and output, and for maintaining a means for reconstruction of any of your data that may be lost. TO THE FULLEST EXTENT PROVIDED BY LAW, MBF SHALL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE OR TECHNOLOGY THAT MAY INFECT YOUR COMPUTER OR DEVICES DUE TO YOUR USE OF THE SITE OR INTERACTION WITH OTHER USERS OR USER CONTENT.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. NEITHER MBF OR ANY OF ITS AGENTS OR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE SITE OR USER CONTENT OR THAT THE SAME WILL BE ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MBF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING SHALL NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL MBF, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY USER CONTENT ON THE SITE, OR ANY LINKS TO THIRD PARTY WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, AND WHETHER FORESEEABLE OR UNFORESEEABLE, IN AN AMOUNT EXCEEDING THE AGGREGATE SUBSCRIPTION FEES YOU HAVE PAID FOR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS OUT OF WHICH SUCH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW AND DOES NOT APPLY TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MBF, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, USER CONTENT THAT IS POSTED FROM YOUR ACCOUNT OR INTERNET CONNECTION, ANY USE OF THE SITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED BY THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE.

Governing Law and Jurisdiction

These Terms of Use, our Privacy Policy, our Community Rules, and all other matters relating to the Site, and any dispute or claim arising out of or related to the foregoing, shall be governed by, and construed in accordance with, the laws of the State of Indiana without giving effect to any conflict of law rules or provisions. Any such suit, action, or proceeding shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in Marion County, Indiana. You expressly submit to the personal jurisdiction of such courts, and you agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Severability

If any provision of these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent required and the remaining provisions of these Terms of Use shall continue in full force and effect.

Entire Agreement

These Terms of Use, our Privacy Policy, and our Community Rules constitute the complete agreement and understanding between you and MBF regarding the Site and expressly supersedes any prior or contemporaneous understandings, agreements, representations, and warranties, written or oral, relating to the Site.